In case of injury at work, according to art. 299 of the Legislative Decree 81/2008, the position of guarantee assigned to the employer is taken by the one who concretely executes the juridical powers of the employer. This arises from the law and also from the case-law based on which the identification of the addresses of the injuries prevention obligations is grounded on the functions concretely executed. This is the principle arisen from the sentence no. 46782 of November 22, 2013 of the Court of Cassation, criminal section.