Ruolo e responsabilità del medico competente nella riforma e nella giurisprudenza

Through legislative decree 81/2008, the legislature reformed the role of qualified physicians as regards their activity, which views them as leaders in the protection of the health of workers exposed to occupational risks. This paper analyses the aspects of the new legislation introduced by corrective decree 106/2009, in an attempt to legally outline the role of qualified physicians and their liability, since their actions may compromise the health of workers exposed to special risks. The legislature considerably changed this professional role, by adding the new role of consultant to their traditional functions of health supervision, with a view to a necessary collaboration of the employer on matters of evaluating the risk at the company, to which workers may be exposed. It is in this new role of consultant that the regulatory provision of a penalty, ex art. 58 of the Consolidated Act, seems to fit in; it sanctions qualified physicians for violation of the obligation to collaborate, which extends to the constructive and informative function physicians are to carry out with reference to their professional sphere. Through this new regulation, the legislature has seemingly unified the two roles, i.e. advisory and operative, for purposes of liability, of which qualified physicians are the recipients and that results in criminal liability for their work as physicians and consultants for company employers.