Le attribuzioni dei rappresentanti dei lavoratori per la sicurezza tra poteri e doveri

The essay begins with an analysis of the 2023 decision by the Italian Criminal Court of Cassation (judgment no. 38914), which convicted a workplace safety representative for the death of an employee. Its purpose is to examine the responsibilities and objectives that the legislature has assigned to safety representatives (RLS), emphasizing the growing significance of these roles due to recent legislative developments. These changes align with the European Union's legal framework, which promotes a model of "balanced participation" aimed at preventive measures in workplace safety. From this perspective, the author argues that some responsibilities of RLS representatives are duties as well as powers, meaning they may be subject to criminal penalties in “extreme” cases where their conduct is causally linked to harmful or negligent actions.