San Marino places a high priority on the health and safety of its citizens and employees. The framework for this is provided by the Law on Hygiene and Health in the Workplace, also known as Decree no. 31 of February 7th, 1998.

Key Principles of Legislation

Employers in San Marino are responsible for safeguarding the health and safety of their workforce within the workplace under Decree no. 31 of 1998. They are required to systematically assess workplace risks and implement appropriate preventative measures, ensuring ongoing risk monitoring. Employees have the right to actively participate in the development and implementation of workplace health and safety policies and procedures. Employers must also provide their workforce with comprehensive safety information and essential training, ensuring they are well-informed on workplace risks and safe practices. Where mandated by the nature of the work, employers are required to enable health surveillance programs and medical checkups to protect worker health.

Specific Areas of Regulation

Workplace Hazards

San Marino's legislation addresses a range of occupational risks. Key areas include physical hazards such as noise, vibration, temperature extremes, and radiation. Chemical hazards are also regulated, including exposure to harmful substances, gases, fumes, and biological agents. Ergonomic hazards are addressed with a focus on preventing musculoskeletal disorders arising from poor workstation design or manual handling. Psychosocial hazards such as work-related stress, bullying, and harassment are also managed and mitigated.

Protection of Specific Groups

The law mandates special protections for pregnant and breastfeeding workers, such as risk assessment adaptations, work modifications where necessary, and restrictions on exposure to specific hazards. Young workers are safeguarded from excessive hazards or work that may harm their development. The law also stipulates reasonable accommodations for workers with disabilities, promoting inclusion and safety.

Incident Reporting & Investigations

Employers hold legal responsibility for the reporting and thorough investigation of any work-related accidents, injuries, or illnesses as per regulations defined in Decree no. 31 of 1998.

Enforcement and Compliance

The Occupational Health and Safety Unit (UOC Sicurezza e Salute sui luoghi di Lavoro), within the San Marino Institute for Social Security is responsible for the enforcement of laws. It possesses the authority to conduct workplace inspections to monitor compliance with regulations, issue improvement notices where breaches of these regulations are identified, and impose fines or penalties for serious violations of health and safety laws.

San Marino's Occupational Health and Safety (OSH) standards are in line with European Union (EU) directives, with some specific national regulations. These standards are primarily based on Decree No. 31 of 1998, with further details provided in subsequent decrees and resolutions.

Key Standards

• Risk Assessment and Prevention: Employers are required to identify potential hazards in the workplace through comprehensive risk assessments. They must also prioritize preventative measures by adhering to the hierarchy of controls.
• Safe Work Equipment and Machinery: All machinery must comply with safety standards, undergo regular maintenance, and be operated only by trained personnel.
• Personal Protective Equipment (PPE): Where workplace hazards cannot be entirely eliminated, employers are required to provide and maintain appropriate PPE.
• Chemical Safety: Regulations mandate the safe storage, handling, and labeling of hazardous chemicals. Detailed Material Safety Data Sheets (MSDS) are also required.
• Workplace Ventilation: Work environments must have adequate ventilation systems to prevent the accumulation of harmful fumes, dust, or gases.
• Noise Exposure: Where noise levels exceed established limits, hearing protection and noise reduction measures must be implemented.
• Emergency Preparedness: Employers must have detailed emergency plans, provide evacuation training, and ensure fire safety equipment is accessible.

Occupational Health Practices

• Health Surveillance: Medical examinations are mandatory for workers exposed to specific hazards, such as noise, lead, or hazardous chemicals. This ensures the early detection and prevention of health issues.
• First Aid: Workplaces must have trained first aid personnel and adequately stocked first aid kits.
• Workplace Accessibility: Buildings and workstations must be accessible for people with disabilities, addressing potential barriers.
• Record-Keeping: Employers must accurately maintain records related to accidents, injuries, hazardous substance exposure, and medical examinations.

Enforcement and Promotion

• Occupational Health and Safety Unit (UOC): This unit within The Institute for Social Security enforces regulations, conducts inspections, and has the authority to issue fines.
• Worker Safety Representatives: Every workplace has designated safety representatives who actively participate in OSH risk management and improvement activities.
• Training and Education: The San Marino government promotes OSH awareness through training programs, campaigns, and educational resources, in conjunction with worker unions and employer associations.

Workplace inspections play a crucial role in maintaining adherence to health and safety regulations. They serve to proactively identify hazards, monitor risk mitigation, enforce regulations, and collect data that informs future policy adaptations.

Role of Workplace Inspections

• Proactive Hazard Identification: Inspectors systematically examine workplaces to identify potential hazards.
• Monitor Risk Mitigation: Inspections verify if mandatory risk assessments have been conducted and appropriate preventative measures are in place.
• Enforcement: Inspection findings play a crucial role in enabling the enforcement actions where necessary.
• Data Collection: Inspection data informs national statistics, guiding future policy adaptations.

Inspection Procedures

• Authority: The authorized body conducts unannounced or scheduled workplace inspections.
• Scope: Inspectors examine diverse aspects of workplaces, including physical facilities, material handling practices, use of Personal Protective Equipment (PPE), documentation, and worker training and awareness.
• Worker Participation: Safety representatives or workers may accompany inspectors and provide insights during the process.

Inspection Criteria

Inspections are based on a comprehensive assessment of occupational risks and compliance with health and safety regulations. Primary areas of focus include adherence to all relevant legislation, industry-specific regulations, and follow-up on outstanding issues from earlier inspections.

Inspection Frequency

The frequency of workplace inspections is often risk-based. Factors that influence inspection schedules include the workplace hazard level, prior inspection history, and allegations of unsafe practices.

Follow-up Actions

• Inspection Report: A detailed report outlining observed risks, breaches of regulations, and recommended corrective actions is issued.
• Improvement Notice: Where necessary, a timeframe for rectifying issues is issued.
• Penalties: Serious or repeated violations can result in fines or, in extreme cases, the temporary suspension of business operations.
• Support and Advice: Inspectors may also offer guidance to help businesses improve their practices.

Workplace accidents are a serious matter that require immediate attention and action. Employers have a legal duty to report serious workplace accidents and injuries to the relevant authorities within specified timeframes. Fatal accidents or those resulting in hospitalization must be reported immediately, while accidents leading to absence from work for more than three days must be reported within two days. The accident report typically includes details of the injured person, time, place, nature of the accident, injuries sustained, and any witnesses to the event.

Investigation of Accidents

Employers are required to internally investigate all accidents, even minor ones, to determine root causes and implement preventive measures to avoid recurrence. In addition, the relevant authorities conduct in-depth investigations for serious accidents to identify violations of health and safety regulations and to determine if enforcement action is necessary. Safety representatives have the right to be involved in accident investigations and provide insights.

Compensation Claims

Injured workers are entitled to certain benefits under the compulsory work injury insurance scheme managed by the relevant social security institute. These benefits include medical treatment and rehabilitation costs, temporary disability benefits (wage replacement), and permanent disability pensions (in case of long-term or significant impairment). Workers must submit a claim to the institute along with medical documentation to initiate the compensation process. In cases of gross negligence or intentional misconduct by the employer, an injured worker may seek additional compensation through civil lawsuits.

Additional Considerations

After an accident, it's vital to secure the scene, document conditions, and preserve any relevant equipment or materials for investigatory purposes. Employers must meticulously maintain records of accidents, investigations, and compensation claims in line with data protection regulations.