and exorbitant versus the work procedures and the directives received, as well as atypical and exceptional, so that it is the only cause of the event, with required assessment of the orders given and of the practices in force at the company. Therefore, again regarding the prevention of occupational diseases and accidents, in order for the company to be held responsible and liable there must be a cause - effect link between the prejudice and a specific act or omission by the employer and, to that end, the worker shall have the burden to state how the event occurred, in order to assess what conduct of the company may be relevant. First, liability requires that a cautionary rule has been breached. Therefore, noncompliance and the subsequent assessment of responsibility and liability require full understanding of the causes of the event and, if this assessment is not made, nothing may be charged to the company. If the cause of the event is uncertain, the employer shall prove that it adopted the cautions suggested by technical standards. They include the adoption of an overall organizational structure that is compliant with accident prevention rules, if the fact that it is not in place prevented to avoid any imprudent conduct. Production practices and methods need to be specifically updated, in order to assess hazards instrumentally to their prevention. This shall be made on the basis of the best knowledg, and Directive 2024 / 1760 / EU hints at a similar development, with the parent company’s obligation to identify risk factors and to prevent them, based on the advocated “due diligence”. VI. THE DIRECTIVE, FUNDAMENTAL RIGHTS AND THE PROTECTION OF THE ENVIRONMENT AND OF WORK If Directive 2024 / 1760 / EU leads to an implementation development similar to the one that took place (at least in the Italian law) for the many European Union provisions concerning the protection of workers’ health and safety, there will be strong implications for all companies, in a medium - or long - term horizon, also for tourism companies. The impact may prove heavy; the illicit conduct that caused noncompliance would have to be identified, although this may entail the need to reconstruct a long cause - effect chain, which is necessary in any case. For example, speaking of occupational disease and accident prevention, the worker shall prove that there was a conduct in breach of the applicable contractual clauses or law provisions and shall specify which safety measures were omitted. Essentially, those claiming noncompliance 80
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