OCCUPATIONAL HEALTH AND SAFETY: LIMITS AND REQUIREMENTS OF THE DESIGNATION OF FUNCTIONS (IL SOLE 24 ORE, 16 MARCH 2015, PAGE 31)

The designation of functions regarding occupational safety must be shown on a written document, bearing a specific date, and have a series of requirements which are essential for being able to release an employer from significant liability in cases of damage to health. The employer, through a suitable designation of functions “has the possibility (…) to transfer to another subject the powers and obligations originally belonging to the designating party (editor’s note: the employer) regarding occupational safety issues (Penal Cassation, Fourth Section, decision 41063/2012), with the legal effect of being released “from the obligation of prevention, which he is otherwise bound by" (Penal Cassation, Fourth Section, decision 38111/2010). However, a designation document does not eliminate the protection role of the employer-designating party for safety, since part of the original position of guarantee remains with the employer for the purposes of occupational safety, with possible consequences in terms of liability.