COURT OF CASSATION: ANYONE WHO ASSUMES DE FACTO EMPLOYER POWERS IS RESPONSIBLE FOR SAFETY AT WORK
The Criminal Court of Cassation, Third Section, with judgment No. 13809 of 9 April 2025, stated that, in the field of safety at work, the position of guarantor is assumed by the person who, although not duly authorized, actually exercises the legal powers of employers, managers or supervisors, irrespective of the absence of a duly formalized employment relationship or of the ownership of an active company
According to the Court's reasoning, such a ruling is a direct consequence of the application of the principle of effectiveness laid down in Article 299 under the heading “De facto exercise of executive powers” of Legislative Decree No. 81 of 9 April 2008 on the protection of health and safety in the workplace.
Based on this assumption, the Court held the defendant liable for the violation of the accident prevention regulation since, while not being an active business owner, he supplied materials and issued directives to a worker, thus assuming the de facto power of the employer and so the role of guarantor of safety at work.
