Can the worker not be sanctioned for health reasons?
Although the responsibility for health and safety in the workplace is, from a sanctioning point of view, proportional to the role one has (employer, manager, supervisor, workers, etc.), the fact remains that it does not exclude anyone.
The law, and above all the jurisprudence, teaches that the worker can be sanctioned both at a pecuniary and criminal level, only if it is proven that the worker behavior was abnormal and that, precisely this abnormality, caused the accident; abnormality that due to its unpredictability lies beyond ...
not to act autonomously in operations or maneuvers that may involve risks for other workers; take part in the education and training programs prepared by the employer; periodically undergo health checks at the competent doctor.
Criminal Legal Liability
Legislative Decree 231/01 on the Administrative Liability of legal persons, companies and associations, including those without legal personality, extends this Liability to offenses relating to health and safety at work, as defined in Articles 589 and 590 of the Criminal Code.
If the worker does not participate in the training programs organized by the employer, he risks the penalty of imprisonment for up to one month or a fine of between 300 and 600 euros.
The supervisory body, in communicating the crime report to the prosecutor, gives (or rather can impart) to the offender a specific prescription to eliminate the ascertained infringement and, having verified the conformity to it, admits the offender to the oblation in the office administrative through the payment of a quarter ...
In fact, Legislative Decree 81/08 does not provide for direct sanctions for this figure. However, when there is co-responsibility with the employer in the occurrence of an adverse event, then the RSPP is also considered guilty according to the jurisprudence.
325. Recipients of administrative pecuniary sanctions. With the exception of the sanctions referred to in Chapter V, imposed on the natural persons responsible for the violation, the pecuniary sanctions are applied to the companies and intermediaries responsible for the violation. ...
Who can formalize a sanction to the employer for what concerns a non-compliance related to the matter of safety in the workplace?
Therefore, every crime ascertained in the field of health and safety in the workplace provides for various types of sanctions that can be imposed on the owner of the company or on the subjects delegated by him to fulfill the related obligations.
The recipients of the measures in question are the employer and the managers, on the one hand, the person in charge and the competent doctor, on the other; in addition, of course, to the worker, who is also the recipient of specific sanctions.
Each worker must take care of his own health and safety and that of the other people present in the workplace, who are affected by his actions or omissions, in accordance with his training, instructions and means provided by the employer.
The main duties of the employee are three: the obligation of diligence, the obligation of obedience, the obligation of loyalty and confidentiality.
The obligations which, on the other hand, cannot be delegated concern: the preparation of the DVR for the assessment of the risks present in the workplace; the appointment of the head of the risk prevention protection service, i.e. the RSPP.
The State-Regions Agreement of 21/12/11 imposes on the employer the obligation to update the training on health and safety for all workers of at least 6 hours every 5 years. This minimum deadline and duration of safety refresher training is the same for all ATECO sectors.
Can the worker be sanctioned if he does not use PPE? The worker can be sanctioned by the supervisory body if he does not use the PPE made available by the employer with a fine of €. 150,00, to be revalued every five years to an extent equal to the Istat consumer price index. "
- absence of intrinsic risks and other disturbing factors: “PPE must be designed and manufactured in such a way as not to create risks or other disturbing factors under foreseeable conditions of use; ... Furthermore, the use of PPE must not involve actions that could endanger the user ".
For each omission of responsibility and non-fulfillment of obligations there is a corresponding sanction which, as a rule, as regards workers, is of a pecuniary type (in reality there are also prison sentences but in practice absolutely unexpected) ranging from a minimum of 50 up to a maximum of 650 Euro fine in ...
Which of the following is a sanction applicable to the person in charge who does not comply with the relevant legislation?
The person in charge is punished within the limits of the activity to which he is bound in compliance with the general obligations referred to in article 19: a. with arrest for up to two months or with a fine of between € 400 and € 1.200 for the violation of article 168, paragraphs 1 and 2; b.
For non-fulfillment of the obligations of information, education and training of managers, supervisors as well as workers and their representatives, the employer is sanctioned with arrest from two to four months or with a fine from 1.315,20 to 5.699,20 ,XNUMX euro.
1. The pecuniary administrative sanction consists in the payment of a sum of money between a minimum and a maximum limit set by the single regulation, always within the general minimum limit of thirty thousand lire and the general maximum limit of eighteen million lire.
The power of evaluation or control does not automatically and necessarily fall within the acts of governance. In fact, the evaluation and control of administrative acts falls both within the competence of the governing bodies and in those of the management.
Each supervisory authority shall ensure that the administrative pecuniary sanctions imposed pursuant to this article in relation to the violations of this regulation referred to in paragraphs 4, 5 and 6 are in each individual case effective, proportionate and dissuasive.
The Consolidated Law on Health and Safety at Work
Both the quantity and the entity of the sanctions are consequently proportional to the hierarchical role and therefore to the number and level of responsibility is of executive power.
Legislative Decree 81 establishes penalties of a contraventional type, of an administrative nature and re-proposes the administrative responsibility of legal persons.
Most of the checks are carried out by the ASL, through the Prevention and Safety offices in the Workplaces, and by the Territorial Labor Departments, through the Labor Inspection-Technical Supervision Service.