Roma, 3 marzo 2022 – Rfi (Rete Ferroviaria Italiana) dovrà risarcire la famiglia di un macchinista di Palermo morto nel 2015 di mesotelioma per esposizione all’amianto. È quanto deciso dal Tribunale di Roma con una sentenza di condanna pronunciata dal giudice, Francesca Vincenzi.
L’uomo aveva lavorato come macchinista per Ferrovie dello Stato per 30 anni, dal 1967 al 1996, sempre esposto all’amianto senza dispositivi di protezione, in un primo momento presso il deposito locomotive di Catania, poi in quello di Palermo e Caltanissetta. Per qualche mese fu addetto alla conduzione di treni in Sicilia e, infine, nel deposito locomotive di San Lorenzo a Roma.
Come si legge nella sentenza, Il giudice richiama l’onere, per il datore di lavoro, di provare a sua discolpa, “di aver adottato, pur in difetto di una specifica disposizione preventiva, le misure generiche di prudenza necessarie alla tutela della salute dal rischio espositivo secondo le conoscenze del tempo di insorgenza della malattia, essendo irrilevante la circostanza che il rapporto di lavoro si sia svolto in epoca antecedente all’introduzione di specifiche norme per il trattamento dei materiali contenenti amianto (legge n. 257/92)”. Inoltre, chiarisce anche che la presenza di amianto nell’ambiente di lavoro dell’uomo emerge dai documenti presentati nel ricorso e che la stessa società, dunque, ne era consapevole.
Il magistrato, sempre riferendosi ad RFI, sottolinea altresì che non si tratta di “una piccola impresa che galleggia nel turbinio di leggi da cui trarre indicazioni comportamentali, ma di una grande realtà aziendale, ‘parallela’, per i servizi sanitari, allo Stato”. Dotata anche “di un organismo ad hoc, assistito da competenze scientifiche, deputate in primo luogo ad assicurare e garantire la salute dei ferrovieri” – e sottolinea che l’organizzazione sanitaria “si è dimostrata inadeguata e/o difettosa nel rivelare e segnalare tempestivamente al vertice gestionale il serio e non ipotetico pericolo incombente costituito dalle fibre di amianto diffuse nel materiale rotabile, suggerendo rimedi che la comunità scientifica internazionale aveva ormai allo studio”.
Il risarcimento riconosciuto dal giudice trova, quindi, giustificazione nell’accertamento della responsabilità di Ferrovie nella causa della malattia non avendo concretamente e tempestivamente adottato le misure idonee a salvaguardare la salute del lavoratore omettendo di individuare materiali diversi in sostituzione all’amianto e di fornire adeguati dispositivi di protezione.
Certamente non possiamo che apprendere con favore tali decisioni da parte della magistratura su un tema, quello dei rischi legati all’esposizione all’amianto, a cui l’ANMIL negli anni ha dedicato una particolare attenzione e che vede coinvolta in prima persona l’Associazione costituita come parte civile in diversi processi per la morte di lavoratori esposti alla fibra killer affinché venga fatta giustizia per le persone e le famiglie vittime dei tumori professionali.
Morto per amianto: Rfi condannata al risarcimento
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