Dagli obblighi alla responsabilità del datore di lavoro-committente negli appalti interni: interruzione del nesso di rischio e inesigibilità della condotta doverosa

Abstract

The position of the employer-client in intra-company contracts (art. 26 Legislative Decree 81/2008), as reconstructed starting from the intersections with the regulation of temporary or mobile construction sites (art. 88 et seq. Legislative Decree 81/2008), is characterized by relational obligations (mostly of verification, information, cooperation and coordination) whose relevance, either for the identification of a position of multi-subject guarantee pursuant to art. 40 paragraph c.p., or for the "intertwining" characterizing cooperation in the crime of negligence pursuant to art. 113 c.p., translates into the charge for failure to prevent the accident which, in order to ensure compliance with the principle of personal criminal liability, must instead be delimited in consideration of the possible interruption of the interfering risk connection with the event and the concrete enforceability of the individual dutiful conduct.