Health & Safety in Italy

Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Italy. The country has a robust legal framework designed to protect workers from occupational hazards and promote well-being in all sectors. Compliance with these regulations is not merely a legal obligation but also a critical component of responsible business practice, contributing to employee morale, productivity, and overall operational efficiency.

Navigating the specifics of Italian health and safety legislation requires a clear understanding of the key requirements, from conducting thorough risk assessments to implementing appropriate preventive measures and ensuring proper training for all personnel. Adhering to these standards is essential for any company employing staff in Italy, whether local or international.

Health and Safety Laws and Regulatory Framework

The primary legislative instrument governing workplace health and safety in Italy is Legislative Decree 81/2008 (D.Lgs. 81/08), often referred to as the Consolidated Law on Health and Safety at Work. This comprehensive decree consolidates various previous laws and directives, aligning Italian regulations with European Union standards. It establishes the general principles of prevention, defines the roles and responsibilities of various workplace figures, and outlines specific requirements for different types of risks and workplaces.

Key aspects covered by D.Lgs. 81/08 include:

• General principles of prevention and risk assessment.
• Requirements for workplaces, equipment, and personal protective equipment (PPE).
• Specific risks (e.g., manual handling, noise, vibration, chemical agents, biological agents, stress).
• Health surveillance.
• Emergency procedures (first aid, fire prevention, evacuation).
• Roles and responsibilities of employers, managers, supervisors, workers, and external parties.
• Training and information requirements.
• Sanctions for non-compliance.

Occupational Health and Safety Standards and Practices

Compliance with Italian health and safety law involves implementing specific standards and practices within the workplace. A cornerstone requirement is the Risk Assessment Document (Documento di Valutazione dei Rischi - DVR). Every employer with at least one employee is obligated to prepare and regularly update a DVR. This document must identify all potential hazards present in the workplace, assess the associated risks, and define the preventive and protective measures to be implemented.

Other essential practices include:

• Prevention and Protection Service (Servizio di Prevenzione e Protezione - SPP): Employers must establish or appoint an SPP, responsible for identifying risk factors, assessing risks, developing prevention and protection measures, and providing information and training. The head of this service (Responsabile del Servizio di Prevenzione e Protezione - RSPP) can be the employer themselves (under specific conditions) or an internal or external expert.
• Competent Physician (Medico Competente): For workplaces where specific risks requiring health surveillance are present, a competent physician must be appointed. This physician is responsible for conducting health checks on employees to assess their fitness for specific tasks and monitor their health in relation to occupational risks.
• Workers' Safety Representative (Rappresentante dei Lavoratori per la Sicurezza - RLS): Workers have the right to elect or appoint an RLS who represents them on health and safety matters. The RLS has the right to access the DVR, participate in risk assessment meetings, receive information and training, and consult with the employer on prevention measures. In companies with more than 15 employees, a safety committee may be established, including the employer, RSPP, Competent Physician, and RLS.
• Training and Information: Employers are legally required to provide adequate and specific training and information to all workers regarding workplace risks, preventive measures, emergency procedures, and the use of PPE. Training must be provided upon hiring, transfer or change of duties, introduction of new equipment or technology, and evolution of risks.

Workplace Inspection Processes and Requirements

Workplace health and safety compliance in Italy is monitored through inspections conducted by various authorities, primarily the local Health and Safety Units (ASL - Aziende Sanitarie Locali) and the National Labour Inspectorate (INL - Ispettorato Nazionale del Lavoro). These inspections can be routine or triggered by accidents, complaints, or specific campaigns.

During an inspection, authorities will typically verify:

• The existence and adequacy of the DVR.
• The appointment of the RSPP and Competent Physician (where required).
• The appointment or election of the RLS.
• The provision of mandatory training and information to workers (documentation is key).
• The implementation of preventive and protective measures identified in the DVR.
• The suitability and correct use of machinery, equipment, and PPE.
• Compliance with specific regulations related to the sector or identified risks.
• Proper health surveillance records.
• Emergency plans and procedures.

Employers must cooperate fully with inspectors and provide access to the workplace and relevant documentation. Non-compliance can result in significant fines, legal proceedings, and even suspension of business activities in severe cases.

Workplace Accident Protocols and Reporting

In the event of a workplace accident or occupational disease, specific protocols and reporting obligations must be followed. The primary body responsible for managing workplace accidents and occupational diseases is the National Institute for Insurance against Accidents at Work (INAIL - Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro).

Key steps and reporting requirements include:

• Immediate Action: Provide first aid to the injured worker and, if necessary, arrange for medical attention.
• Investigation: Conduct an internal investigation to determine the causes of the accident and identify measures to prevent recurrence.
• Reporting to INAIL: Accidents resulting in an absence of more than three days (excluding the day of the accident) must be reported electronically to INAIL within 48 hours of receiving the medical certificate. Accidents resulting in death or serious injury must be reported immediately by telegram or fax, followed by the electronic report.
• Reporting to Public Security Authority: Accidents resulting in death or an injury deemed incurable or likely to cause permanent disability must also be reported to the local Public Security Authority (Questura or Carabinieri).
• Reporting Occupational Diseases: Suspected occupational diseases must be reported by the competent physician to INAIL and the ASL.

Failure to comply with reporting obligations within the specified timelines can lead to administrative sanctions.

Employer and Employee Responsibilities for Workplace Safety

Workplace safety in Italy is a shared responsibility, with specific duties assigned to both employers and employees under D.Lgs. 81/08.

Employer Responsibilities:

• Assess all risks and prepare the DVR.
• Implement necessary preventive and protective measures.
• Appoint the RSPP and Competent Physician (where required).
• Provide adequate training and information to workers.
• Provide suitable PPE free of charge.
• Ensure health surveillance is carried out (where required).
• Consult with the RLS on safety matters.
• Maintain necessary documentation (DVR, training records, health records, etc.).
• Report accidents and occupational diseases.

Employee Responsibilities:

• Comply with health and safety regulations and employer instructions.
• Use equipment, machinery, and PPE correctly.
• Report immediately to the employer, manager, or supervisor any hazardous conditions or deficiencies in safety systems.
• Not remove or modify safety devices.
• Undergo health checks required by the competent physician.
• Participate in mandatory training.

Understanding and fulfilling these responsibilities is crucial for maintaining a safe working environment and ensuring compliance with Italian law.