Boltiere (Bergamo) – The injury on 19 January 2017 a Boltierenell’Volto Truck Center workshop, and in which he lost his life mechanic Leonardo Scarpellini: I had 24 years. He was replacing the truck suspension“with a risk specific to the business, foreseeable and foreseen”.
Despite indications to the contrary, to carry out this operation, as stated in the classroom by his fellow mechanics, he used himself the compressed air. And, as the same texts have pointed out, both the workshop manager that the person in charge service manager. For the death of the young man they had negotiated for eight months (in 2019) the two security officers. Two years (suspended sentence and no mention) was instead the conviction in the first instance (judge Patrizia Ingrascì, prosecutor Raffaella Latorraca) issued on 11 July, for the managing director of Volvo group retail Italy, Giovani Lo Bianco. According to the court, it reads in the reasons for the sentence “the serious violation of the duty of vigilance can be configured against him”, not only on the activities carried out by the worker, but also on that of his supervisors and employees “who had allowed and tolerated what was by now a recurring and highly risky practice“, ma faster than the established procedure from the company. A “long and complex” operation which, according to the court, “imposed the adoption of other organizational measures“.
Which? Like the support of a colleague who would have “also facilitated the manual execution, i.e. without the use of compressed air, of the heavy manoeuvre” to lengthen the suspension and fix it, “thus neutralizing – continues the sentence – the foreseeable risk of injury which it actually happened.” Quoting the Cassation, the court recalls that there is no responsibility for the employer if the employee has “imprudent behaviour” implemented “independently and in an area unrelated to the duties entrusted to him” or is unforeseeable. While, in the specific case, not only was the replacement of those suspensions an “ordinary” activity, but “it was practically impossible or highly tiring to house the new suspension without the aid of compressed air which had become an ordinary and widespread”.