RSPP: LACK OF DECISION-MAKING POWERS DOES NOT EXCLUDE LIABILITY FOR UNREPORTED RISKS
In its Judgment No. 35771 of 10 October 2026, the Court of Cassation addressed the scope of liability of the Head of the Prevention and Protection Service (“RSPP”), confirming the conviction of a professional who acted as an external RSPP for failing to take appropriate action in relation to a specific interference risk arising from work carried out by a contractor.
The Court reiterated that the appointment of an RSPP does not amount to a delegation of the employer’s health and safety duties, nor does it entail the transfer of the employer’s position as the person primarily responsible for ensuring workplace health and safety. However, although the RSPP performs a technical and advisory role and has no independent decision-making or spending powers, they are required to identify risks associated with work activities and provide the employer with the technical guidance necessary to eliminate or mitigate them. Failure to comply with these duties may give rise to liability for professional negligence where the accident is causally linked to a dangerous situation that the RSPP should have identified and reported.
According to the Court, incomplete information does not relieve the RSPP of their duty to take action. Rather, in light of their technical expertise, the RSPP is required to obtain any additional information necessary to assess the risk and bring it to the attention of the employer or the employer’s delegate.
Finally, the Court clarified that the RSPP’s liability does not depend on having independent powers to prevent harmful events. What matters, instead, is the proper performance of the RSPP’s duties to identify and promptly report risks, thereby enabling the employer or the employer’s delegate to adopt the necessary preventive measures.
