The employer, even towards the trainee, has the duty to observe all the obligations established by the legislation on health and safety in the workplace. The Court of Cassation reiterated this with sentence 7093 / 2022 of 1 ° March, in which she returned to deal with the issue of accidents in the workplace and the applicability of Legislative Decree 81 / 2008
in relation to internships. work undergone by a trainee student at a farm. In the first instance, the Court of Legitimacy, confirming what has been decided on the merits, considers Article 2, paragraph 1, letter a), of Legislative Decree 81 applicable to the present case / 2008, and quiparando to the worker, for the purposes of the aforementioned rule, those who «sperform work activities within the organization of an employer [ …] even for the sole purpose of learning a trade, as well as the
beneficiary of the initiatives of training and orientation internships » Therefore, the employer, also towards the trainee, has the duty to comply with all the obligations established by the legislation on health and safety in the workplace, with particular reference to the precautionary rules of forecast of the specific risk to which the worker is exposed in the activity to which he is assigned (articles 17 and 28 of Legislative Decree 81 / 2008), of training
and information for the trainee and supply of suitable protective devices (article 77 of the Legislative Decree 81 / 2008). From the motivation of the sentence it emerges that the offended person had declared that he had not received any instructions on the executive methods of the task to be performed and that, on the other hand, the employer had made it clear both that he had not been aware of the methods of carrying out the task entrusted to the trainee, and that he had no training in the tutoring activity. Therefore, with regard to the assessment of the risk placed on
the employer, the Court specifies how, on the part of the employer, there is an obligation to previously assess the specific risk to which the workers are exposed, thus adopting the necessary safety measures. The Court adds that the use of
a professional entrusted with the management of issues relating to health and safety at work does not exempt the employer from the obligations of risk assessment, which cannot therefore be delegated to third parties. consolidated jurisprudence of legitimacy, the judges also consider irrelevant the reference to the “abnorme ” behavior of the injured person, in light of the fact that the non-application, perpetrated by the worker, of basic safety rules cannot be considered exorbitant from the risk area of the holder of the guarantee position, if the event is attributable to the violation of various prescriptions on the subject of prevention and safety
in
the workplace. In this last case, indeed, there is an expansion of the same sphere of risk for the employer, which leads to «require deeds whose occurrence depends on the inertia of the employer ». Quote 'Quotidiano del Lavoro - Il sole 24 ore '
