The paper deals with the delegation of powers and duties so as to highlight the most controversial points resulting from the interpretation of the art. 16 d.lgs. n. 81/2008. In particular, it is necessary to distinguish between delegation of powers and other legal instruments as the possibility to entrust special tasks to single members of the management board according to art. 2381, paragraph 2, c.c. Analyzing how the mandate works and all the problems concerning the formal elements required by the art. 16 d.lgs. n. 81/2008, we will delve into the scope of application of the delegation of powers taking into consideration the recent case law that limits its operation field to fortuitous injuries not related to violation of safety rules.
Keywords: Delegation and transfer of responsibility; Empower member of the board of management in a limited company; Employer; Safety at work; Organizational and structural deficiency; Prevention measures.