Roma, 3 novembre 2020 – La responsabilità sulla sicurezza dei lavoratori in azienda ricade comunque sul datore di lavoro anche quando ci sono deboli connessioni con il processo di lavoro propriamente detto. A ribadirlo è stata la Corte di Cassazione in una sentenza del 20 ottobre scorso. L’infortunio è occorso ad una operatrice scolastica che, mentre prestava servizio presso la scuola elementare del 1° Circolo, era stata attinta al volto da una caffettiera esplosa durante la preparazione del caffè, che stava avvenendo, ad opera di soggetti non identificati, all’interno del locale utilizzato dal personale ausiliario.
La Corte territoriale, con accertamento di fatto non censurabile in questa sede, ha escluso il rischio elettivo, perché la caffettiera esplosa era stata posta sul fornello non dalla vittima bensì da terzi non identificati, ed ha anche ritenuto provato che l’attività pericolosa si svolgeva in modo sistematico all’interno dell’istituto, sicché, evidentemente, il datore di lavoro, che non l’aveva impedita, era venuto meno al suo dovere di vigilare e di emanare specifiche direttive volte a prevenire il verificarsi di eventi dannosi.
La ricostruzione dei fatti che si legge nella sentenza impugnata porta ad escludere alla radice ogni rilevanza delle circostanze sulle quali il Ministero fa leva per sostenere una colpa concorrente della vittima, perché sebbene il legislatore, in tema di sicurezza, abbia posto precisi obblighi anche a carico del lavoratore ( art. 5 del d.lgs. n. 626/1994 poi trasfuso nell’art. 20 del d.lgs. n. 81/2008), impegnandolo ad osservare le misure precauzionali ed a segnalare eventuali condizioni di pericolo, tuttavia non ha certo inteso attenuare, attraverso la previsione di detto obbligo di collaborazione, il debito di sicurezza che grava sul datore, nella specie non adempiuto perché, ove il dirigente avesse vigilato come era suo onere ed impartito le opportune direttive, l’evento lesivo non si sarebbe verificato.
Sicurezza: la Cassazione sulla responsabilità datore di lavoro
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