This month our Partner Laura Panciroli summarises and clarifies what are the conditions for the effectiveness of the delegation of functions in criminal labour law, in her article for the Italian journal and website Ambiente & Sicurezza.
The regulatory reference is of course Legislative Decree 81 of 2008, of which the criminal lawyer analyses in particular articles 16 and 17. Atty Laura Panciroli provides a practical guide on the subject of legislation for the prevention of accidents at work, recalling its foundation in the Constitution and its purposes, the subjects involved and possible cases.
Laura Panciroli draws attention to the employer’s obligation to supervise the delegate’s proper performance of the transferred functions, an obligation that is deemed fulfilled if the verification and control model is adopted and effectively implemented.
She then addresses the issue of the delegate’s financial autonomy, pointing out the possible situations that arise in the event of the need for timely interventions whose costs do not fall within the foreseen and allocated budget.
Finally, the author recalls the functions that the employer cannot delegate, such as the appointment of the Prevention and Protection Service Manager (RSPP) and risk assessment. The employer, however, is not obliged to perform the tasks related to these functions himself, as he/she can assign them to someone with the necessary skills. She/he nevertheless retains his/her position of guarantee.
As for the possibility of sub-delegation, this must comply with the conditions for validity and effectiveness of the first degree delegation, including the duty of supervision.
The contents are available at: www.ambientesicurezzaweb.it
Ambiente & Sicurezza offers legal updates, technical regulations and applications, presenting itself as the first integrated paper/web information system.
Criminal lawyer Laura Panciroli regularly contributes to the magazine. In her clear and concise articles, she comments on new legislation, without forgetting the main aim of clarifying operators’ doubts and offering them a practical vademecum.
All the contents of the magazine are available in the Ambiente & Sicurezza database, updated in real time.
