Occupational safety and technological innovation – PMI.it

The maximum technological security is always payable by the employer? The Supreme Court makes it clear guidelines and responsibilities.

the Court of Supreme Court (in judgment no. 3616 of January 27, 2016 ) analyzed the application of the principle of Max security technologically feasible on the work and for the prevention of accidents: even with innovation can improve the safety conditions in the company, the employer is not required to replace equipment on if still appropriate and in any case not before an evaluation of time and costs .

= & gt; Safety: employers’ obligations and responsibilities

Responsibilities

The ruling stems from conviction for manslaughter , as part of The Court Spezia, the sole director of a limited company following the death of a worker dependent, recognizing responsibility for failure to adopt preventive measures key and not have them updated in relation to the degree of evolution of prevention and protection techniques.

Security

For the Supreme Court, citing the judgment n. 41944 of 19.10.2006, with reference to the maximum technological security payable by the employer, if the employer has more than prevention systems is required to take (unless impossible) one best placed to ensure the higher level of safety , without exception, especially if the assets to be protected are made from life and physical integrity of the people, whereas, conversely, a comparative assessment of costs and benefits is permissible only if the goods to be protected were only of a material nature.

= & gt; Accidents and occupational diseases: crimes and compensation

Speaking of “maximum technological security” However, the Court made it clear that while it is true that in the field of occupational accidents has taken charge of the entrepreneur in the enterprise (in this case the construction site) the most modern tools to ensure safety, it is equally important that if the research and development of knowledge will lead to the identification of multiple technologies appropriate can not be expected that the entrepreneur should undertake an ‘ immediate replacement with the most recent and innovative, having to always carry out an overall assessment of timing, terms and costs . Provided, of course, already adopted systems are apt to guarantee a high level of security.

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