Commento alla sentenza Cassazione, sez. IV pen., 13 luglio 2011 - 21 settembre 2011, n. 1239

[Autom. eng. transl.] The principle inferable from the art. 2087 cc, reiterated by art. 18, paragraph 3-bis of Legislative Decree no. 81 of 2008 is that the employer, in addition to fulfilling his obligations, must supervise the fulfillment of the duties of the supervisors, the workers, the designers, the manufacturers, the suppliers, the installers and the competent doctor. However, it remains the exclusive responsibility of the aforementioned subjects for the failure to implement their obligations, when the latter is due solely to them, since there is no detectable defect on the part of the employer. Otherwise opinando, the responsibility of the employer would depend on the mere existence of the position of guarantee preordained to the protection of the health of the workers, without being ascertained any non-observance of a specific precautionary rule finalized to prevent a foreseeable event.