Is there a legal advantage (civil or criminal) to purchasing the SMART TRACK system?
Article 2087 of the Civil Code requires the entrepreneur, because of his position as guarantor of the
worker's physical safety, to take all measures to safeguard those who work in his employ.
The measures to be taken by the Employer are distinguished into those:
Jurisprudence recognizes that the Employer’s liability is both contractual and extra-contractual in nature,
resulting in the employee’s right to bring both actions, even concurrently, to protect his or her rights. The
assets protected by the norm are the worker’s physical integrity and moral personality (biological damage,
moral damage, mobbing).
In case of a claim, INAIL pays according to a special table summarized below:
Analyzing current case law and regulations, it emerges that the Employer is liable in case of omission of
accident prevention precautions (criminal conviction provided) and for all cases in which the obligation to
supervise employees has been violated (art 2087 cc.). When the Employer is liable, INAIL acts in recourse
against him for subrogation.
Mitigation of criminal risk for the Employer occurs by demonstrating that it has implemented the
“precautionary principle.” This means that, in addition to having complied with the rules and having all
relevant documentation in order, the Employer has maintained behavior beyond the limits of the law by
implementing all proactive measures available in the market so as to avoid the injury and, if not, having the
ability to rescue and intervene promptly during an emergency.
During the process followed by experienced attorneys in the field, it is possible to move the “issue” from
criminal to civil by demonstrating the existence of innovative solutions compared to the mandatory
prevention systems defined in the Risk Assessment Document (DVR) such as Smart Track’s connected
This aspect is very important for the Employer as it allows him to move from a conviction for Crime to
Contravention i.e., there will be only a fine and it will be possible to take advantage of all the benefits of the
law such as suspended sentence, admission to all mitigating circumstances and lesser consequences such
as the possibility to continue the economic activity for tenders.