Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Paolo Pascucci
Publishing Year 2021 Issue 2021/171 Language Italian
Pages 28 P. 421-458 File size 383 KB
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The essay analyzes the peculiar role of the worker in terms of safety at work. Indeed, the worker is both passive beneficiary of the protective regulations and actor obliged to cooperate with the employer to make the company prevention system efficient. After having highlighted the dutiful and burdensome nature of the worker's credit cooperation and the respective conse-quences on both the employment contract and the exercise of the employer’s powers, the au-thor examines the provisions of Legislative Decree no. 81/2008 on the worker’s safety obliga-tions. Subsequently, he reconstructs the main orientations of the jurisprudence regarding the responsibilities for an accident caused partially or completely by the worker, focusing in par-ticular on the configurability of the joint fault of the worker. Finally, the essay addresses two recent rulings of the Court of Cassation that limit the hypothesis of the employee’s concur-rence of fault due to the prevalence of violations by the employer and offers a different under-standing of the issue, based on the provisions of Legislative Decree no. 81/2008, which em-powers the worker as an active part of the prevention system.
Keywords: Health; Safety; Work; Worker; Obligations; Responsibility
Paolo Pascucci, Sicurezza sul lavoro e cooperazione del lavoratore in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 171/2021, pp 421-458, DOI: 10.3280/GDL2021-171003