Читать книгу Bow-Tie Industrial Risk Management Across Sectors - Luca Marmo, Luca Fiorentini - Страница 17

Giuseppe Conti

Head of Legal and Corporate Affairs Italy, ENEL S.p.A.

Risk management and its related methodology are used to represent the main and fundamental tool for the conscious and measured prevention of a series of safety issues that every industrial operator may have to face.

The availability of scientific methodologies continuously updated and developed to facilitate this difficult task for companies is a resource of great value.

This relevance is clearly appreciable to the extent that the set of assessments carried out in advance allows the prevention of the risk of problematic events, or at least the reduction the probability that they will occur. Having implemented evaluation methods such as those covered by this treatise may also help to facilitate the reconstruction of the dynamics and root causes of the event itself.

This last aspect, through the perspective of a legal practitioner, be it a lawyer or a judge, represents an essential technical and scientific support.

The availability of a methodological and scientific approach since the preliminary phase of an event is a fundamental resource for the determination of the causes of a given event, of possible causes, and for the management of the related responsibilities.

The legal issues surrounding safety issues are inseparably linked to technical issues; only a correct scientific reconstruction of the events, causes, and any possible relevant element in the dynamics of the event can allow legal practitioners to manage consequential aspects such as the traceability of the event to the responsibility of one person or another with the consequent distribution of the related burdens, including economic ones, that result from it.

The collaboration between legal experts and experts of analysis, operational risk assessment is essential for the correct reconstruction of the events and for the proper conduct of investigations, checks aimed at the exclusion of responsibility, or the correct attribution of the same.