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81/08 Why is it important?

The “

Occupational Safety Consolidation Act

” (Legislative Decree. 81/2008) was developed in full compliance with the philosophy of the community directives focused on planning and participation of all stakeholders involved in the work.

It has been subject to significant additions and changes by the Legislative Decree. 106/2009, which completed the “modernization” of the security discipline.

Law no. 98/2013, converting the Decree Law no. 69/2013, in Art. 32 introduces simplifications regarding formal occupational hygiene and safety requirements, with special reference to enterprises with low risk of accidents and for start-up enterprises.

The U.T. lists the general protective measures of the company’s safety system, which is then supplemented by the safety measures provided by the U.T. itself for specific hazards or sectors of activity (e.g., manual handling of loads, video terminals, physical, biological and carcinogenic agents, etc.).

Among general protective measures, risk assessment is an absolutely central fulfillment to ensure the effectiveness of protections in every work environment.
It “must cover all risks to the safety and health of workers, including those concerning groups of workers exposed to particular risks,” including those related to work-related stress, pregnant workers, as well as those related to gender differences, age, and coming from other countries.

The outcomes of the risk assessment must be formalized in the risk assessment document (DVR). Any tasks that expose workers to specific risks should also be identified there.

Among the above general measures, the following obligations are particularly highlighted:

  • prevention planning aimed at a complex that consistently integrates in prevention the technical production conditions of the company as well as the influence of factors of the environment and work organization;
  • elimination of risks and, where this is not possible, their minimization in relation to knowledge gained from technical progress;
  • Limited use of chemical, physical and biological agents in the workplace
  • Appropriate information and training for workers;
  • Appropriate information and training for managers and supervisors;
  • Appropriate information and training for workers’ safety representatives;
  • education to workers;
  • Emergency measures to be implemented in case of first aid, fire fighting, evacuation of workers and serious and immediate danger;
  • Use of warning and safety signs.

Failure to bring one’s business up to current safety regulations can mean a considerable expense for a business owner.

In fact, if the checks made by the relevant agencies (Asl, labor inspectorate) reveal deficiencies in this area, the penalties range from a monetary fine to, in the most serious cases, arrest and imprisonment.

Law 99/2013 re-evaluated the penalties and fines provided for violations of occupational hygiene, health and safety regulations. With the Ministerial Note no. 12059 of July 2, 2013 clarified that the increase is excluded for penalties prior to July 2, 2013, while the Ministerial Circular no. 35/2013 defined how the revaluation would be applied and how the related sums from the new collections would be allocated.