In a recent article published on Huffington Post, Francesco Fiore and Carlo Cunto, professionals at QLT Law & Tax, analyze the implications of the abrogative referendum on the liability of principals in public procurement, with a particular focus on workplace accidents.
The referendum has modified Article 26, paragraph 4, of Legislative Decree 81/2008, opening the door to a new regulatory scenario. This shift raises significant questions about the civil and criminal liability of those who outsource work, especially in construction and industrial sectors, where worker safety is a top priority.
As Fiore and Cunto explain, the liability of principals in public procurement has not been eliminated, but rather redefined. Principals are still required to prove that they acted with due diligence by implementing preventive and monitoring measures. Other provisions of the Italian Consolidated Safety Act remain in force, and they continue to demand awareness and accountability from those delegating work to third parties.
In light of the current regulatory uncertainty, the authors recommend a proactive approach: updating organizational models, reviewing existing contracts, and including appropriate liability clauses in new agreements. Internal training and legal consultancy also play a key role in helping companies properly manage their obligations under outsourcing arrangements.
The full article is available on Huffington Post at this link.
