Rischio climatico, ciclofattorini e nuovi assetti della tutela prevenzionistica. Note a margine di un’ordinanza cautelare del Tribunale di Milano

Abstract

This essay examines the interim order issued by the Court of Milan on 18 August 2025, which required a food-delivery platform to supplement its risk-assessment document with specific regard to the thermal risk faced by riders. After addressing the procedural issues (the vicarious standing of the territorial workers’ safety representative and the inadmissibility of the astreinte), the analysis focuses on the characterisation of climate risk as a ‘structuralised’ exogenous risk, traced back to the general clause of Article 28 of Legislative Decree no. 81/2008 and to the employer’s safety obligation under Article 2087 of the Civil Code, also in the light of the framework Protocol adopted by Ministerial Decree no. 95/2025. The contribution finally highlights the gaps in social-security protection and the ‘grey areas’ of non-hetero-organised platform work, advocating a constitutionally oriented interpretation pursuant to Articles 3 and 32 of the Italian Constitution.