Modelli organizzativi e sicurezza sui luoghi di lavoro alla prova del Covid-19 e a vent’anni dall’entrata in vigore del d.lgs. n. 231/2001

Abstract

The Author, after analyzing the main interpretative issues addressed by doctrine and jurisprudence more
than twenty years after the entry into force of Legislative Decree no. 231/2001 and fifteen years after the extension
of its scope to health and safety at work, focuses on the prospects for further use of MOGs (organization and
management models). The “231 model” could in fact play a further role than what it is traditionally called, therefore
not only preventing the collective liability of the entity with respect to the crimes of manslaughter and culpable personal
injury, but favoring the same limitation of the personal liability of the employer and his auxiliaries, through the better
identification of the preventive obligation that immediately and mediately derives from the model itself