Italian health and safety legislation is primarily based on EU Directives and is mainly found in the Consolidated Safety Act (Testo Unico sulla Sicurezza sul Lavoro), Legislative Decree 81/2008. This primary regulation is supplemented by various ministerial decrees and specific regulations.

Key Principles and Obligations

Employers are primarily responsible for ensuring the health and safety of employees in the workplace, as stipulated by Article 2087 of the Civil Code. This includes identifying and assessing risks and implementing necessary protection and prevention measures. A comprehensive risk assessment underpins Italian safety laws, requiring employers to identify potential hazards, assess associated risks, and develop appropriate control measures.

Preventive measures are prioritized to reduce risks, following a hierarchy that includes removing risk at its source, substituting hazardous activities/substances with safer alternatives, implementing engineering and organizational controls, and providing personal protective equipment (PPE) when other measures are insufficient.

Workers and their safety representatives have the right to participate in health and safety matters, including risk assessments, the development of safety measures, and training. Employers are also responsible for providing employees with adequate safety training, which must be role-specific, cover risks and countermeasures, and be provided regularly.

Specific Health and Safety Topics

Italian health and safety laws cover a range of specific topics. These include the safety standards for machinery and work equipment, the handling and storage of chemicals, the regulation of biological agents, exposure limits and controls for physical agents such as noise and radiation, ergonomic and safety standards for workplace design, fire safety measures, and first aid provisions.

Enforcement and Penalties

Local health authorities (Aziende Sanitarie Locali-ASL) primarily oversee the enforcement of safety regulations. Violations of health and safety laws can result in a range of penalties, including administrative fines and, in cases of serious negligence or intentional misconduct, criminal charges against employers, which can lead to imprisonment.

Occupational health and safety (OHS) standards in Italy are based on legislative decrees, technical standards developed by Italian standardization bodies like UNI (Ente Italiano di Normazione), and international standards from organizations such as the International Labour Organization (ILO) and the International Organization for Standardization (ISO). ISO 45001, for instance, is a widely adopted occupational health and safety management system standard.

Risk Assessment and Management

Employers are required to generate a Risk Assessment Document (Documento di Valutazione dei Rischi - DVR) as per Legislative Decree 81/2008. This document outlines a systematic process for identifying, evaluating, and prioritizing risks in the workplace along with tailored control strategies. Companies must also establish an internal Prevention and Protection Service (Servizio di Prevenzione e Protezione - SPP), which can be carried out by the employer or by external experts. The SPP contributes to risk assessments, develops safety measures, and advises on compliance.

Workplace Monitoring and Surveillance

Workers exposed to specific hazards may require health surveillance. Employers are obligated to provide health checks, overseen by a qualified occupational physician (Medico Competente), designed to detect early signs of occupational diseases. Workplace monitoring of physical and chemical agents (e.g., noise, dust, chemicals) may also be required to assess exposure levels and confirm compliance with exposure limits.

Training and Education

Legislative Decree 81/2008 prescribes compulsory training for workers, safety representatives (RLS), managers, and supervisors. Training content must be risk-specific and updated regularly. Government agencies and professional associations frequently conduct awareness campaigns on occupational health and safety topics to foster a safety culture.

Additional Best Practices

Many Italian organizations choose to implement occupational health and safety management systems like ISO 45001. These systems provide a structured approach to continuously improve OHS performance. Italian law actively promotes the involvement of workers and their safety representatives in OHS decision-making and planning. This participation enhances worker awareness and buy-in for safety procedures. Leading Italian companies adopt a philosophy of continuous improvement by consistently reviewing their OHS practices, incorporating technological advancements, and learning from incidents.

Authoritative Sources

The primary government body for OHS policy and regulation is the Ministry of Labour and Social Policies (Ministero del Lavoro e delle Politiche Sociali). The National Institute for Insurance against Accidents at Work (INAIL) plays a central role in OHS research, data collection, and prevention initiatives. The National Institute of Health (Istituto Superiore di Sanità - ISS) provides scientific and technical support on occupational health matters.

Workplace inspections play a pivotal role in ensuring that employers comply with safety regulations, deter violations, and identify areas for safety improvement. These inspections are primarily conducted by Local Health Authorities (ASL), the National Institute for Insurance against Accidents at Work (INAIL), and other specialized agencies like the Fire Department.

Verification of Compliance

Inspections serve as a crucial mechanism to confirm that employers are adhering to the requirements stipulated by safety regulations. They ensure that the workplace is safe and free from potential hazards.

Deterrence of Violations

The prospect of inspections functions as a deterrent, incentivizing employers to uphold safety standards and minimize the likelihood of accidents and occupational illnesses.

Identification of Improvement Areas

Inspections assist in pinpointing areas where safety practices can be enhanced, bolstering the organization's overall safety performance.

Inspection Agencies

ASLs (Aziende Sanitarie Locali) shoulder the leading role in conducting workplace health and safety inspections. INAIL inspectors possess the authority to perform inspections, often focusing on work-related accidents and occupational diseases. Specialized agencies, such as the Fire Department, may carry out inspections centered on specific areas like fire safety.

Inspection Criteria

Inspections generally cover risk assessment, compliance with specific regulations, provision of training and information, use of personal protective equipment, and health surveillance.

Frequency of Inspections

The frequency of workplace inspections is influenced by several factors such as risk level, accident history, complaints, and targeting programs.

Follow-up Actions

After the inspection, inspectors issue formal reports detailing their findings and noting any non-conformities or violations. Employers are given a timeframe within which to rectify any identified deficiencies. In the event of non-compliance, inspectors may impose administrative fines or even criminal sanctions. Inspection agencies might also offer advice and support to assist employers in enhancing their safety practices.

In Italy, employers are legally obligated to report workplace accidents to competent authorities. The timeline for reporting depends on the severity of the incident. Fatal accidents and serious injuries must be reported immediately to INAIL and local enforcement agencies. Injuries resulting in more than three days of absence must be reported to INAIL within two days of the accident.

Employers are also required to maintain an accident record book where all workplace incidents, including near-misses, are logged.

Investigation Process

Employers must undertake internal investigations into the causes of workplace accidents. This investigation should involve gathering information, interviewing witnesses, and analyzing processes to identify the root causes. INAIL may conduct its own investigations into workplace accidents, particularly in cases of serious injury, fatality, or suspected occupational disease. INAIL inspectors have the authority to examine workplaces, interview individuals, and request documentation.

Compensation Claims

Italy has a compulsory insurance system managed by INAIL (Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro). Workers injured in workplace accidents or those who develop occupational diseases are generally entitled to compensation from INAIL. Compensation can include medical expenses, temporary disability benefits, permanent disability benefits, and survivor benefits in cases of fatality. Workers who disagree with INAIL's decisions regarding compensation have the right to appeal through established administrative and legal channels.

Key Points to Remember

Prompt reporting of workplace accidents is crucial to facilitate investigations and ensure workers receive necessary compensation. Investigations into workplace accidents should strive to determine the underlying causes to prevent similar occurrences in the future. Workers injured in workplace accidents have legal rights to compensation and should avail themselves of the support systems offered by INAIL and other relevant bodies.