The Italian Supreme Court (Cassazione Penale, Sez. 4, Sent. No. 9454) has upheld the conviction of Albea Cosmetics Italy Srl’s Plant Manager, A.A., for serious personal injury following a workplace accident. The ruling reinforces that the CE certification of machinery does not exempt safety guarantors from their obligation to provide a safe working environment.
Accident Details
The case stems from an incident where a worker lost a finger phalanx after his hand was crushed by machinery at the facility. The worker was adjusting equipment when opening a door activated the safety lock of one machine but not another, resulting in the injury. After the accident, the company corrected the issue with a software modification, proving the mishap could have been prevented.
Defense Claims Rejected
A.A. contested his responsibility, arguing that he was not formally delegated with safety oversight at the time of the accident and asserting that responsibility lay with the machinery manufacturer. He also claimed that the risk was unforeseeable.
However, the Court dismissed these arguments. It determined that A.A., as the Plant Manager and special attorney (procuratore special), held a “position of guarantee” for workplace safety. The role included the duty to prevent accidents and ensure the adequacy of equipment, irrespective of formal safety delegations.
The Court noted that the risk of crushing was evident and should have been anticipated with standard diligence.
Broader Implications of the Verdict
This ruling underscores that workplace safety is not solely tied to formal assignments or certifications but rests with those in decision-making positions. The CE marking on equipment, though indicative of compliance with European standards, does not absolve employers or safety guarantors of their responsibilities.
This case serves as a critical reminder for business owners, legal professionals, and safety managers alike to prioritize proactive risk management and ensure rigorous safety measures are in place.
Justice Delivers a Strong Message
The ruling highlights the judiciary’s stance on workplace injuries: decision-makers cannot sidestep accountability, even in the absence of explicit delegations. For legal experts and business leaders, the case reinforces that ensuring a safe workplace requires continuous vigilance, diligence, and adherence to safety regulations.
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