La posizione di garanzia del datore di lavoro (nelle organizzazioni complesse): la Corte di Cassazione fa il punto sugli istituti di delega in materia di salute e sicurezza sul lavoro

The following short comment reports the decision of 27 February 2023, n. 8476, with which the Suprema Corte di Cassazione, IV Sez. penale, underlines the different ontological character between the types of powers that can be activated, respectively in accordance with the art. 16 D.lgs. n. 81/2008 and art. 2381 c.c. The reference to the normative suppositions and to the powers’ distinctive elements appears to be convincing since the different nature of the institutions in question is relevant not only from a point of principle but has considerable practical consequences: as a matter of fact, if in the first case the transfer is highlighted on a purely derivative basis of some of the preventive employer’s powers and duties; with management delegation, the distribution of roles and connected responsibilities between the administrators in the corporate area can be easily achieved, with its relative subdivision of the employer's position, even in an original capacity.