In force since 25th August 2007, the law 123/07 has extended - according to article 9 - the range of  enforcement of the Legislative Decree 231/01, to the offences of "negligent homicide","grievous bodily harm" and "very grievous bodily harm", committed in violation of laws proctecting safety, hygiene and health at work.

At present the juridical person's responsibility is sanctioned with administrative penalties, but the trial is to be held before the penal court. For crimes against safety at work according to the Decree companies may face monetary sanctions and restrictive measures. However, companies can avoid responsibility for the above-mentioned offences if they prove to:

• have adopted an organisational management model complying with the  Decree, introducing and enacting practices to prevent the above-mentioned offences.
• have appointed a Surveillance Board, provided with control and initiative power , to patrol the effectiveness and observance of the model and to update it.

In case of a serious accident it must be abe to:

• *to prove the court to have truly enacted a management system suitable to the patterns shown in the Decree.

An exempting model, that is to be developed from a risk analysis, must contain these elements

1. an ethical code
2. a Surveillance Board
3. a sanctionatory system, a safety and health management system.

It is evident that the implications of the Legislative Decree 231, and its recent extension to offences violating safety, hygiene and health at work (eventually to environment offences as well)  must be seriously taken into account as they are potentially involving any business, asking the smallest companies the greatest efforts.

In the light of new issues, the two paths to the accomplishement of safety objectives may be the enforcement of INAIL guidelines or an OHSAS 18001 certification procedure.

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