Guariniello: “For safety, Cassation asks the corporates to train effectively and a scientific update on global scale”

The attorney of the Republic speaks at the 9th European Conference on OBM and B-BS

by Alessandro Valdina

Bologna, 14th october 2015 – Our jurisprudence reiterates in several judgments that only effective training – and not formally conceivable – fulfills the labor law obligations of the law. In addition, in order to express his judgments, the magistrate must refer to scientific knowledge that “tends to prevail” over the norm when this – as is often the case – lags behind technological discoveries. The attorney of the Republic of Italy Raffaele Guariniello has insisted and argued for a long time on these two points, as well as he did in his speech at the 9th European Conference on the Implementation of Behavioral Organizations (OBM) and Behavior-Based Safety (B-BS) organized by A.A.R.B.A. in collaboration with Aldini Foundation Valeriani and Unindustria Bologna.

At the end of his speech, the attorney has been asked about what an effective training is. He answered: “When a magistrate face these themes, rely on technical consultants to see if the solution is valid or not. I never would say that one must use a method rather than another, it is not my role. These are too technical topics for a magistrate to know everything. For example, to some technical consultants, I asked about the quality of the related work stress measurement tools and so far none of them told me that the method adopted by that company was adequate”. The attorney has also been asked for an opinion on observations and reinforcements, one of the founding elements of Behavior-Based Safety as well as a main theme of the Conference. “Is it a false myth, or is it true that the company performs the surveillance obligation only if it disciplines against the worker who is in contravention of company guidelines?” asked one of the participants in the room. “Would not it be better to apply these techniques – scientifically proven – in which the worker is often observed and strengthened for his safe behaviors?”. “It’s okay,” he said, smiling at the attorney, earning applauses in the room. Below are the extensive excerpts of his work entitled “Science and Law”.

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Watch the video of the speech