Dall’esportazione del rischio alla sua concretizzazione: il difficile equilibrio di tutele del terzo estraneo all’attività di impresa

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Abstract

The intricate evolutionary matrix of the accident prevention regulations requires that we can no longer neglect the protection of third parties that, although not directly included within the sphere of safety risks, may be victims of the legislative silence. According to the different case law about the multiple meanings of 'proximity' of the workers in a wider environment than in the past, the question has been expressly raised by the decision on the known railway disaster in Viareggio in 2009 (Cass. Pen., Sez. IV, 6 September 2021, No. 32899).
In this case, the damaging events have fatally hurt the residents of the
locus commissi delicti who were not involved in the sphere of labour risk management and the judges of the first two grades of the trial have recognised the accused as responsible of offences aggravated by the violation of accident prevention legislation. The legal expert must therefore reflect today on this subject, because the prevention obligations and related employer responsibilities of d.lgs. n. 81/2008 must virtually project themselves to concretely protect any 'contact' with the work environment, identifying the opportunities to project risk outward.

https://doi.org/10.14276/2531-4289.4641
PDF (Italiano)
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