We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
23 April 2008
Further to Act 123/2007, the government has approved a consolidated act on workplace safety. The aim of the act is to rationalize and unify all legal provisions regarding health and safety in the workplace, extending effective enforcement to all sectors.
The new act takes account of compliance costs for small and medium-sized enterprises and simplifies bureaucratic processes in order to ensure compliance and promote a ethos of health and safety protection.
The act provides an exhaustive explanation of the rules on the delegation of occupational safety duties, explaining the responsibilities and functions that may be delegated and the powers that must be given to the relevant party to fulfil them (eg, in terms of management and budget control). Its provisions require companies to adopt a management structure whereby administrative responsibility rests with natural persons, as required under Decree-Law 231/2001.
The current regime allowed an employer found guilty of a health and safety violation to avoid a term of imprisonment of between six and 18 months by paying a fine. However, the act states that the option of a fine is available only if:
A technical offence expires three years after the final judgment ordering the employer to pay a fine, provided that the person thus charged has not otherwise violated safety rules in that time.
In the case of procurement contracts, the act provides that the customer is responsible for accidents involving the contractor’s employees. In order to encourage contractors not to compromise on safety, the act prohibits the use of the 'greatest reduction' principle in competitive bidding for public procurement contracts.
The complete text of the act is available at www.parlamento.it.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.