{"id":3852,"date":"2026-06-29T15:56:06","date_gmt":"2026-06-29T13:56:06","guid":{"rendered":"https:\/\/www.safetyone.it\/safety-supervisor-of-the-contracting-company-construction-site-responsibilities-after-supreme-court-ruling-7096-2026\/"},"modified":"2026-06-29T15:56:06","modified_gmt":"2026-06-29T13:56:06","slug":"safety-supervisor-of-the-contracting-company-construction-site-responsibilities-after-supreme-court-ruling-7096-2026","status":"publish","type":"post","link":"https:\/\/www.safetyone.it\/en\/safety-supervisor-of-the-contracting-company-construction-site-responsibilities-after-supreme-court-ruling-7096-2026\/","title":{"rendered":"Safety Supervisor of the Contracting Company: Construction Site Responsibilities after Supreme Court Ruling 7096\/2026"},"content":{"rendered":"

Safety Supervisor of the Contracting Company: Construction Site Responsibilities after Supreme Court Ruling 7096\/2026<\/strong><\/p>\n

The role of the safety supervisor is becoming increasingly central in the organisation of corporate health and safety and even more so on construction sites where several companies operate.<\/p>\n

The recent ruling of the Italian Supreme Court of Cassation, Criminal Section III, no. 7096 of 23 February 2026, provides an important opportunity to revisit an often underestimated issue: the safety supervisor does not only supervise the workers of their own company, but must also report hazardous conditions when they may affect workers of other companies operating in the same working environment.<\/p>\n

This principle is particularly significant when referring to the contracting company, namely the company that, on construction sites, has an operational coordination and verification role with respect to the works entrusted to it, even when part of the activities is carried out by executing companies or subcontractors.<\/p>\n

In this article<\/strong><\/p>\n

We will look at what the Supreme Court established, why the ruling is relevant to the role of the safety supervisor, what the specific implications are for the contracting company, and what practical actions should be adopted to prevent the appointment of the safety supervisor from remaining a purely formal requirement.<\/p>\n

Responsibilities of the Safety Supervisor on Construction Sites: The Scaffolding Case<\/strong><\/p>\n

The ruling concerns the fall of a worker from scaffolding. The injured worker belonged to a company other than that of the defendant, who held the role of works manager, safety supervisor and safety officer for another company present on the construction site.<\/p>\n

According to the facts reconstructed in the decision, several companies were operating on the construction site and the risk assessment document referred to the presence of possible interference-related risks. The requirements also included measures to prevent people from falling through openings deeper than 0.50 m and a prohibition on concealing such openings with materials such as nylon sheets. The presence of nylon sheets placed on the scaffolding had contributed to making the hazardous condition less visible.<\/p>\n

The Supreme Court considered the safety supervisor\u2019s liability for failing to report the non-compliance of the scaffolding and the hazardous condition to be well founded, while clarifying that he was not necessarily the person responsible for the technical inspection of the scaffolding. The decisive point is another one: if the safety supervisor sees, knows about or contributes to creating a hazardous situation, they must take action at least by reporting and informing the relevant parties.<\/p>\n

Obligations of the Safety Supervisor Towards Workers of Other Companies<\/strong><\/p>\n

One of the most relevant aspects of the ruling is the rejection of the argument that the safety supervisor\u2019s obligations apply exclusively to the employees of their own employer.<\/p>\n

The Court instead states that the obligations of prevention, control and reporting must be interpreted in relation to the actual working context. On a construction site with several companies, the risk may affect different individuals, including those who are not employees of the safety supervisor\u2019s company. If the hazard is present in the workplace and is connected to the works being carried out, the safety supervisor cannot ignore it merely because the exposed worker belongs to another company.<\/p>\n

This principle is consistent with Article 19 of Italian Legislative Decree 81\/2008, which requires the safety supervisor to oversee and monitor compliance with legal obligations, intervene in the event of non-compliant behaviour, promptly report to the employer or manager any deficiencies in work equipment and any hazardous condition identified during work. Where necessary, the provision also requires the temporary interruption of the activity and the reporting of identified non-compliances.<\/p>\n

In other words, the safety supervisor is an operational guarantee figure: they do not merely draft procedures, but verify that working conditions are consistent with the established rules and promptly report anything that is not compliant.<\/p>\n

Safety Supervisor of the Contracting Company and Supreme Court Ruling 7096\/2026<\/strong><\/p>\n

The case addressed by the Supreme Court is particularly useful when considering the role of the safety supervisor of the contracting company.<\/p>\n

On temporary or mobile construction sites, the contracting company is not simply an executing company. Article 97 of Italian Legislative Decree 81\/2008 assigns specific duties to the employer of the contracting company: verifying the safety conditions of the entrusted works, checking the application of the provisions and requirements of the Health and Safety Plan, coordinating the activities of the executing companies and verifying the consistency of the Operational Safety Plans of the executing companies with its own Operational Safety Plan. Furthermore, the decree requires employers, managers and safety supervisors of the contracting company to have adequate training for the performance of these activities.<\/p>\n

Annex XVII of Italian Legislative Decree 81\/2008 also requires contracting companies to indicate to the client or works manager at least the name of the person or persons appointed to carry out the duties referred to in Article 97.<\/p>\n

This means that, within the construction site organisation, the safety supervisor of the contracting company should not be considered merely as the \u201cteam leader\u201d of their own company. When they are assigned duties consistent with Article 97, they become an essential figure for translating the contracting company\u2019s operational verification and coordination obligations into practice on site.<\/p>\n

They do not replace the employer. They do not replace the manager. They do not replace the Health and Safety Coordinator during the execution phase. However, they are often the person who, more than anyone else, actually sees what is happening on the construction site.<\/p>\n

And this is precisely where responsibility arises.<\/p>\n

Safety Supervisor of the Contracting Company: Controls, Reports and Interference-Related Risks<\/strong><\/p>\n

The safety supervisor of the contracting company must be clear that their role does not end with supervising their own team. On a complex construction site, the issue is not only \u201cwho is my worker\u201d, but also \u201cwhat risk is present in the work area\u201d and \u201cwhat consequences may it have for the other parties present\u201d.<\/p>\n

Their supervision should concern, in particular, the operational conditions of the assigned areas, interference between companies, the presence of openings, guardrails, accesses, transit areas, temporary storage areas, shared equipment, overlapping works and changes compared to what is provided for in the Operational Safety Plan and in the Health and Safety Plan.<\/p>\n

When the safety supervisor of the contracting company identifies a hazardous condition, they cannot simply think that \u201cit is someone else\u2019s responsibility\u201d. They must report it to the employer, the manager, the site manager, the Health and Safety Coordinator where necessary, and the other parties involved. If the situation requires immediate action, they must act within the limits of their duties and expertise, including temporarily interrupting the activity when the conditions provided for by Article 19 apply.<\/p>\n

Supreme Court ruling no. 7096\/2026 is clear on this point: even when the safety supervisor is not the person directly responsible for the technical aspects of the temporary works, they may still be held liable if they fail to report a hazard that is clearly perceptible and relevant to the safety of the works.<\/p>\n

Health and Safety Coordinator and Safety Supervisor of the Contracting Company: Operational Differences<\/strong><\/p>\n

A frequent mistake on construction sites is to believe that the presence of the Health and Safety Coordinator during the execution phase absorbs or automatically reduces the obligations of the companies.<\/p>\n

This is not the case.<\/p>\n

The Health and Safety Coordinator performs a coordination and high-level supervisory role. Article 92 of Italian Legislative Decree 81\/2008 provides that the coordinator verifies the application of the Health and Safety Plan, checks the suitability of the Operational Safety Plans, organises cooperation between employers and self-employed workers, reports non-compliance and, in the event of serious and imminent danger directly identified, suspends individual works until the required adjustments have been verified.<\/p>\n

However, the Health and Safety Coordinator is not the permanent supervisor of every single work activity. In the ruling under discussion, the Supreme Court itself recalls the principle that detailed control of individual activities remains entrusted to the company\u2019s operational figures: employer, manager and safety supervisor.<\/p>\n

For the contracting company, this point is fundamental. The presence of the Health and Safety Coordinator does not authorise the contracting company to disregard the actual conditions of the construction site. Nor does it allow the safety supervisor of the contracting company to remain inactive in the face of a visible or known hazard, or one that is in any case connected to the works in progress.<\/p>\n

Contracts, Subcontracts and Identification of the Safety Supervisor<\/strong><\/p>\n

This issue becomes even more relevant in contracts and subcontracts.<\/p>\n

Article 26 of Italian Legislative Decree 81\/2008 provides for cooperation and coordination obligations between employers, including the exchange of information to eliminate or reduce interference-related risks. Furthermore, in contracts and subcontracts, employers must expressly indicate to the client the personnel performing the role of safety supervisor.<\/p>\n

This obligation must not be understood as a mere documentary formality. Identifying the safety supervisor means making clear who, in that context, is responsible for overseeing, supervising, intervening and reporting.<\/p>\n

The issue, therefore, is not only having a name written in the Operational Safety Plan or in a communication to the client. The issue is verifying whether that person is actually present, trained, recognised by the workers, provided with clear instructions and included in an effective communication flow.<\/p>\n

Appointment of the Safety Supervisor: Why Indicating a Name in the Operational Safety Plan Is Not Enough<\/strong><\/p>\n

In Safetyone\u2019s articles dedicated to the safety supervisor, we have already highlighted an essential point: the safety supervisor is the person who oversees work activities, ensures the implementation of the instructions received, checks correct execution by workers and exercises functional initiative powers. This is not merely an organisational role, but an operational prevention role.<\/p>\n

Following the amendments introduced by Law 215\/2021, the role of the safety supervisor has become even more significant: employers and managers must identify the safety supervisor or supervisors for the performance of the supervisory activities provided for by Article 19, and the safety supervisor must intervene in the event of non-compliant behaviour or hazardous conditions.<\/p>\n

The practical consequence is simple: a generic appointment protects no one.<\/p>\n

To be effective, the appointment of the safety supervisor must be consistent with the actual organisation of work. It must indicate the scope of activities, assigned duties, effective powers, reporting flows and methods of intervention. It must be accompanied by training, information, instruction where necessary and periodic verification of the effectiveness of the role.<\/p>\n

Italian Legislative Decree 81\/2008 also provides specific penalties for the safety supervisor in the event of breach of several obligations set out in Article 19. This confirms that the role is not only managerial, but may also entail personal criminal consequences.<\/p>\n

Checklist for the Contracting Company after Supreme Court Ruling 7096\/2026<\/strong><\/p>\n

Supreme Court ruling no. 7096\/2026 should encourage contracting companies to carefully review the management of safety supervisors on construction sites.<\/p>\n

The first action is to verify whether the safety supervisors have actually been identified and whether their appointment is consistent with the entrusted works. It is not enough to indicate a name in the Operational Safety Plan: it is necessary to understand whether that person is actually present on site, whether they have recognised authority, whether they know the Health and Safety Plan and the Operational Safety Plan, whether they know what they must check and whether they have clear instructions on how to report non-compliances.<\/p>\n

The second action is to define a simple and traceable reporting flow. When the safety supervisor identifies a hazard, they must know whom to report it to, within what timeframe, using which tools and with what evidence. A verbal report may be useful immediately, but on complex construction sites it is advisable to also provide documentary evidence: minutes, photographs, site logs, communications to the site manager or to the Health and Safety Coordinator.<\/p>\n

The third action is to train the safety supervisor not only on the general obligations set out in Article 19, but also on the specific role of the contracting company. The safety supervisor of the contracting company must understand the relationship between the Operational Safety Plan, the Health and Safety Plan, subcontracts, interference-related risks, operational checks and the power to suspend or request the suspension of unsafe works.<\/p>\n

The fourth action is to carry out periodic on-site checks. The employer and the manager must not limit themselves to appointing the safety supervisor, but must verify that the system works. Article 18 of Italian Legislative Decree 81\/2008 also provides for the obligation, on the part of employers and managers, to identify safety supervisors and supervise compliance with the obligations assigned to the prevention figures.<\/p>\n

The Key Point: Safety Follows the Risk, Not Company Boundaries<\/strong><\/p>\n

The most important message of the ruling is that, on construction sites, safety cannot be managed in watertight compartments.<\/p>\n

The safety supervisor cannot reason only in terms of \u201cmy workers\u201d and \u201cother people\u2019s workers\u201d. If a hazardous condition is present in the work area, if it is visible, if it is connected to the works of their own company or if it may affect the safety of those working on the construction site, the safety supervisor must take action.<\/p>\n

For the contracting company, this principle is even more delicate, because its role entails broader organisational and operational responsibility than the mere execution of its own work activity. The contracting company must oversee the operational coordination of the entrusted works, the consistency of the Operational Safety Plans, the application of the requirements of the Health and Safety Plan and the management of interference-related risks.<\/p>\n

The safety supervisor of the contracting company therefore becomes an essential link between what is written in the documents and what actually happens on the construction site.<\/p>\n

Conclusion<\/strong><\/p>\n

Criminal Supreme Court ruling no. 7096\/2026 confirms a principle that should guide every construction site organisation: the safety supervisor has a concrete obligation to supervise, intervene and report, even when the hazard may involve workers from other companies.<\/p>\n

For the contracting company, this ruling represents a strong reminder of the need for an effective prevention system. It is not enough to have Operational Safety Plans, Health and Safety Plans, appointments and organisational charts. Safety supervisors must be present, competent, recognised and placed in a position to act.<\/p>\n

The question to ask is not only:<\/p>\n

\u201cHave we appointed the safety supervisor?\u201d<\/strong><\/p>\n

The real question is:<\/p>\n

\u201cIs our safety supervisor truly able to identify a hazard, report it and activate the system before an accident occurs?\u201d<\/strong><\/p>\n

Safetyone supports contracting companies, executing companies, employers, Health and Safety Managers and coordinators in verifying construction site organisation, drafting and reviewing Operational Safety Plans and operating procedures, training safety supervisors and building effective reporting systems.<\/p>\n

Because safety is not demonstrated only through documents: it is demonstrated through the ability to supervise real work.<\/p>\n","protected":false},"excerpt":{"rendered":"

Safety Supervisor of the Contracting Company: Construction Site Responsibilities after Supreme Court Ruling 7096\/2026 The role of the safety supervisor is becoming increasingly central in the organisation of corporate health and safety and even more so on construction sites where several companies operate. The recent ruling of the Italian Supreme Court of Cassation, Criminal Section […]<\/p>\n","protected":false},"author":5,"featured_media":3850,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[278,277],"tags":[433,347,435,431,434,432,437,436],"class_list":["post-3852","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-construction","category-safety","tag-art-97-d-lgs-81-08","tag-chairman","tag-construction-sites","tag-contracting-company","tag-interference-related-risk","tag-safety-supervisors-liability","tag-supreme-court-ruling-on-workplace-safety","tag-work-on-heigh"],"_links":{"self":[{"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/posts\/3852","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/comments?post=3852"}],"version-history":[{"count":0,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/posts\/3852\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/media\/3850"}],"wp:attachment":[{"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/media?parent=3852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/categories?post=3852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.safetyone.it\/en\/wp-json\/wp\/v2\/tags?post=3852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}