UPDATE : January 20, 2026 - 06:57 am
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Napoli
UPDATE : January 20, 2026 - 06:57 am
10.2 C
Napoli

Casoria, worker dies on railway construction site: trial requested for 6 people

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Worker dies on an RFI construction site in Benevento: he was sent to work at four meters above ground without a protective helmet, without safety devices and harnesses, without guardrails and despite being unfit to work at heights.

There are countless and serious violations of the most basic accident prevention regulations brought to light by the investigation into yet another avoidable accidental death, that of a 58-year-old Tommaso De Luca, for which now, at the conclusion of the preliminary investigations, the Benevento Public Prosecutor's Office has requested six referrals to trial: a tragedy aggravated by the fact that it occurred in a "public" context, a construction site Rfi, Italian Railway Network, which also includes one of its officials among the six defendants who will have to appear in court to answer for the crime of manslaughter on April 4, 2022.

The moment of truth and justice is approaching for the wife and four children of the victim who, in order to be assisted, through the Area Manager Louis Cisonna, they relied on Studio3A-Valore SpA, a company specialized at a national level in compensation for damages and the protection of citizens' rights, in collaboration with the lawyer. Aldo Maria Fornari.

From Luca, of Casoria, construction company employee Rem Srl of Benevento, on February 3, 2020 he was busy with some colleagues on a construction site in the Benevento station to build a building intended for “Central computer system”, when he fell from the attic of the building under constraint from a height of 3,73 meters: a fall that left him no escape, he died instantly. The Public Prosecutor of the Benevento Prosecutor's Office, Dr. Mary Colucci, opened criminal proceedings, first against cognizant persons and then by issuing the first seven notices of investigation, and ordered an autopsy, assigning the task to the coroner Dr. Maximilian of the Eagle: Dr. Natascha Pascale also participated in the expert operations as a consultant for the worker's family members, made available by Studio3A.

farmhouse

The conclusions of the technical consultant have dispelled any doubts about the cause of death, due "in all respects" to the serious head trauma suffered following the loss of balance and the fall headfirst from the scaffolding: the histological investigations have excluded that death could have been caused by a previous illness. Incidentally, the toxicological analyses have also highlighted the total absence of alcohol and narcotic substances in the victim's blood, nothing that could compromise his state of attention: the worker was "clean", in perfect psychophysical conditions.

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So, his tragic end was due solely to the flight below which however it could and should have been avoided if only the regulations had been respected. The investigation, conducted with the assistance primarily of the inspectors of the Hygiene and Occupational Medicine service of the ASL Benevento, has revealed the most varied gaps and omissions in that construction site, for which the companies involved, including Rfi, have already been sanctioned with administrative measures and fines, and on the basis of which the Deputy Prosecutor has requested the trial of six people, all accused of the crime of manslaughter in competition, aggravated by the fact that it was committed in violation of the regulations for the prevention of accidents at work, for having caused “the death of Tommaso De Luca who, without a helmet and the safety systems required for workers at height, fell from the attic of the building” to quote the magistrate's act.

To his employer, Emily Russo, 64 years, of villaricca, legal representative of Rem, is accused of having failed to "equip the building, and in particular the floor slab under construction, on all sides facing the void, with normal and robust parapets and that is, protection against falls from a height, at least one metre high"; to equip workers who carried out work at height with "safety devices and harnesses" and to set up "lifelines to be connected to them"; to "use access and positioning systems using ropes to which the worker was directly supported"; to provide workers with "necessary and suitable personal protective equipment and therefore protective helmets and safety harnesses"; to have failed to take into account, when assigning tasks to employees, "their abilities and conditions in relation to their health and safety".

farmhouse

De Luca performed work at heights despite having "a limitation on the judgment of physical fitness for the job not to perform work at heights" by the company doctor. In addition to Russo, another employee of the company has also been requested to be sent to trial, Pasquale Moccia, 58 years old from Cardito, for not having supervised, in his role as "supervisor", compliance with legal obligations on the construction site and not having reported these serious shortcomings to the owner.

But Rem was only the last wheel, the subcontractor of the works: equally serious responsibilities were found at the "higher levels" in terms of the necessary control and verification of the application of the general safety and coordination plan and related procedures, of the appropriateness of the safety plan of the executing company, of the creation of collective protections such as parapets or of the delivery to employees of personal protective equipment, from helmets to harnesses.

The trial was therefore also requested for Mark Cerullo, 60 years, of Latina, an RFI official, as the person responsible for the procedure and the works in question, and, in turn, for Louis Tamantini, 45 years, of Casoria, a freelance professional appointed by RFI in his capacity as coordinator for safety during the execution phase; Vincent Tucci, 55 years old Casoria, as legal representative of the company “Southern Center Constructions Ltd.” the assignee as well as the agent and signatory of the framework contract agreement between Rfi and the Rti, the Temporary Grouping of Companies that had been awarded the contract; finally for Mario Filosa, 70 years old, from Itri, as legal representative of Macfer srl, principal of the Rti and executor of the works, then subcontracted to Rem

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In response to the request of the PM, the GUP, Dr. Jasmine Palmieri, has set the preliminary hearing of the trial for April 4, 2022, at 10.45 am, in the Benevento Courthouse: a trial from which the victim's family and Studio3A expect all responsibilities to be clarified and adequately punished, in the hope that this fixed point of the investigation will also lead the companies involved to assume their own responsibilities, in terms of compensation.


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