Accidents in the construction sector unfortunately occur, and not too infrequently.
Workers engaged in construction sites are constantly at risk of serious accidents, especially if there is a preference for optimizing time and costs at the expense of their safety.
The employer's liability in the event of a fatal accident on a construction site is a matter of great legal relevance, especially in light of recent rulings by the Court of Cassation.
These rulings have reiterated and more clearly defined the employer's obligations and responsibilities, emphasizing the importance of ensuring safe working conditions and preventing fatal accidents in the workplace.
Case Law on Employer Responsibility
Under Italian law, an employer has a duty of care toward their employees.
This means that the employer is personally responsible for ensuring the health and safety of workers, both in terms of preventing accidents and managing emergency situations.
Article 2087 of the Civil Code establishes that the employer is obliged to ensure that the work environment complies with safety regulations and that all necessary safety measures are adopted.
"The entrepreneur is required to adopt, in the exercise of the business, the measures that, according to the particular nature of the work, experience, and technology, are necessary to protect the physical integrity and moral personality of workers."
Legislative Decree 81/2008, also known as the Consolidated Safety Law, clearly states that the employer must take all necessary steps to prevent accidents, ensuring proper risk assessment and employee training.
The reality is that safety obligations are not always met, leading to serious accidents that, in the worst cases, result in worker fatalities.
Recent Rulings
Recent rulings from the Court of Cassation have delved into the issue of employer liability, particularly concerning fatal accidents on construction sites.
Significant, are the implications of Judgment No. 41172 of November 8, 2024, which established that the employer's responsibility remains, even in the presence of other figures tasked with overseeing safety, such as the safety coordinator.
In this case, the Court emphasized that the employer is responsible for workplace safety, regardless of other parties that might be involved in managing safety.
According to the Court of Cassation, "the client's duties regarding worker safety do not nullify the employer's duty of care."
The case involved renovation work that required the demolition of a previous building.
The Construction Company had subcontracted excavation and drilling work to another company.
The work carried out by the third-party company had led to the demolition of two walls of the pre-existing building, while the wall bordering a warehouse remained standing, which then collapsed, causing one death and one injury.
The last remaining wall had been reinforced only with an electro-welded mesh but was completely lacking foundations. Additionally, the ground was not compact and was still wet due to rain infiltration from previous days.
Further excavation work along its base had caused its collapse, which struck the construction company owner, who was injured, and one of his employees, who died.
The Court found the owner fully responsible for what had occurred.
Another significant case is Judgment No. 24417 of 2021, which reaffirmed that the employer is liable for a fatal accident if it is proven that adequate safety measures were not in place, such as the use of personal protective equipment or the implementation of preventive measures for risk management.
The Court of Cassation's decision concerned a fatal accident during safety work on a rock face and confirmed the conviction of the employer for manslaughter.
The victim was performing safety work on a rock face through the fixing of nets.
While descending using a double rope system, he found himself with insufficient rope length and without a blocking device (end-of-rope knot or similar).
This caused his catastrophic fall and death.
For the judges called to decide, both the lack of a stopping knot and the use of a rope that was too short, as well as the lack of professional training for the worker, were the employer's responsibilities.
The employer's safety obligations
The employer's safety obligations are specified by current regulations and case law.
These obligations include:
- Risk Assessment: Risk assessment is one of the first and most important activities that an employer must undertake to ensure a safe working environment. It must be accurate and based on a realistic analysis of the risks present on the construction site. This includes the risk of fatal accidents caused by collapses, injuries from heavy machinery, or exposure to hazardous substances.
- Employee Training and Information: The employer must ensure that their employees are adequately trained and informed about the specific risks of their work and the safety measures they need to adopt. Training should be continuous and focused on raising awareness among workers about the dangers they face and emergency procedures.
- Implementation of Safety Measures: Adopting appropriate safety measures is crucial to preventing accidents and ensuring worker safety. These measures can include the use of personal protective equipment (PPE), securing machinery and equipment, and creating evacuation routes in case of emergency.
- Health Surveillance: Health surveillance is another obligation for the employer, who must periodically monitor the health of their employees. This is particularly important in hazardous work environments, such as construction sites, where health risks are greater.
Legal Consequences for the Employer
The legal consequences for an employer in the event of a fatal accident on a construction site can be severe.
The Court of Cassation has made it clear that if a worker dies due to the employer's negligence, the employer may be held liable both criminally and civilly.
In criminal law, the employer can be charged with manslaughter if the worker's death was caused by a breach of workplace safety regulations.
Penalties can vary depending on the circumstances but may include imprisonment and significant fines.
In civil law, the employer can be required to compensate for economic damages and non-economic damages to the deceased worker's family.
This compensation may include damages for the loss of the worker's income, moral damages to family members, and funeral expenses.
The employer's liability in the event of a fatal accident on a construction site is a complex issue but one that is crucial for ensuring workplace safety and protecting workers' rights.
Recent rulings by the Court of Cassation have strongly reiterated the importance of complying with safety obligations under the law and ensuring that every worker can work in a safe environment.
FAQ – Frequently Asked Questions
Who is entitled to compensation in the event of a work-related fatality?
If a worker dies as a result of a workplace accident, compensation is granted to the surviving family members, including the spouse, children, parents, and, in some cases, siblings.
Who holds primary responsibility for a workplace accident?
The employer bears primary responsibility, as they are legally required to ensure the safety and well-being of their employees.
What are the employer's obligations in the event of a workplace injury?
The employer is responsible for maintaining a safe work environment and must implement all necessary precautions to prevent accidents. This includes providing protective equipment, ensuring proper training, and complying with workplace safety regulations.
Under what circumstances is an employer exempt from liability?
An employer may be exempt from liability only if it can be proven that the accident was caused solely by the worker's unforeseeable and abnormal conduct (elective risk) or by an exceptional and unpredictable event that could not have been prevented, even with adequate safety measures in place.
What happens when a worker dies due to a workplace accident?
In the event of a work-related fatality, the relevant authorities (such as the Local Health Authority, the Labor Inspectorate, and the Public Prosecutor's Office) will conduct an investigation to determine any potential liability. The victim's family is entitled to compensation.
When is an employer held liable for a workplace injury?
An employer is deemed liable if they fail to implement the required safety measures, do not provide adequate training to employees, or allow work to be carried out in hazardous conditions.
For a worker who has suffered a workplace accident, and/or for their family, it is essential to consult with a lawyer who specializes in labor law and workplace safety.
A legal professional can assist you in understanding your rights and managing the legal consequences of a workplace accident.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
