Modelli di organizzazione, gestione e controllo e salute e sicurezza nelle PMI: responsabilità penale-amministrativa e responsabilità sociale degli enti. Un'analisi comparata

Small and medium enterprises are quantitatively dominant - because of the number of companies, as well as for the number of employees - both in the Italian and in the European context. This circumstance makes an operation of continuous adaptation of the organizational structure to the evolutions of the labour market necessary. These innovations, as determined by a new structure of employment, in terms of place, time and type of performance, expose both workers and companies to a growing number of risks. For the former, the risks are more directly related to the exposure to new danger factors, not commonly identified, concerning health and safety in the workplace. On the other hand, for enterprises the risks are determined by a growing and ever-expanding area of liability attributed to corporate or legal entities in general. The statistical framework of occupational accidents and occupational diseases suggests that the issue of prevention, especially in relation to health and safety in the workplace, is strongly present in the whole reality of small and medium enterprises. Therefore, a survey has been made not only on the issues relating to corporate criminal and administrative liability, but also on those related to corporate social responsibility. The comparative analysis of the Italian system with that of the U.S. and Switzerland has also allowed in the first case to frame the instrument of compliance programs, discovering its own ratio, thanks to the study of legal systems in which they were born. In the second case it has permitted to investigate a system of corporate liability that offers important insights given by the specific socio-economic context in which it is inscribed. Finally, the extensive analysis of the Italian system covered the most critical aspects of the subject, such as the difficulties of integration between the "231 model" and the model for health and safety in the workplace, the role of the supervisory board in SMEs, the opportunity to establish a system of qualification of the companies and certification of compliance programs and the prediction of simplified procedures for the adoption of compliance programs in SMEs.