Organizational Models 231

The Decree 231/01 introduced in our legal regulations the administrative / penal responsibility for legal persons.

Legal persons considered by the law are corporations, partnerships, associations even if unincorporated, cooperative societies, bodies of public administration performing private economic activity. Are excluded from the administrative / penal liability  of institutions the individual enterprises, public bodies which act solely as a public service, the public administration, such as municipalities, provinces, regions, trade unions and political parties.

In 2007 there was the extension of sanctions D. Decree 231/01 to manslaughter and serious or very serious injury resulting from a breach of safety regulations for workers (Article 25 f).

Just an accident for which is found prognosis than 40 days is enough to trigger the exercise of legal action against the Entity.

In 2011 there was the extension of sanctions Decree 231/01 offenses relating to the environment (Article 25 undecies).

The penalties that can affect a company, a body or a company are generally fines and / or disqualification as well as measures such detention (seizure of movable property, real estate) and confiscation.

The financial penalties provided by law must come to a maximum of € 1,549,000.00.

The Authority, however, can avoid the imposition of penalties (fines and disqualification) provided by the standard, demonstrating that they have taken an appropriate model of organization, management and control and has verified the effectiveness of that organizational model through an internal body with independent powers of initiative and control (the “Supervisory Board”).

The Organizational Model is nothing more than a management and control system of the activities of the entity, to avoiding of being committed the offenses under the law.

Basic elements of the organizational model 231

1. The Supervisory;
2. The Penalty System;
3. Code of Ethics;
4. A management and safety system at the workplace that prevent the occurrence of accidents. (OHSAS 18001 – UNI INAIL);
5. An environmental management system that prevents the occurrence of violations of environmental (ISO 14001).

Main steps of implementation of the Model 231

1. Identification of operations “at risk”;
2. Identification of locations involved;
3. Evaluation of the existing control system;
4. Identification of roles, tasks and responsibilities;
5. Definition of penalty system;
6. Definition of procedures;
7. Defining communication flows;
8. Implementation of procedures related;
9. Periodic review of the model;
10. 10. Making training to staff involved.

Our staff is composed of experienced and officially recognized engineers in the design, deployment and implementation of Models of Organization, Management and Control in the field of Safety and Environment.

We are at your disposal for further information and an initial analysis aimed at identifying areas of intervention and the submission of a customized quotation.