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Access Le nuove misure di prevenzione e di protezione Legge 215-2021

New prevention and protection measures as per Italian law 215/2021

Workplace safety is an essential feature of correct company management because it refers to a set of measures, provisions, assessments and monitoring which need to be implemented in each and every work setting to safeguard health and safety of workers, of external collaborators and whoever else occasionally happens to be in the company in order to protect them from possible risks.

There are two aspects to be considered for each work setting:

  • prevention, which means the measures provided for to avoid the occurrence of a damaging event
  • protection, which means the measures provided for to reduce the consequences of a damaging event

Operator and appointed staff training and refresher course: gear shift

Conversion to law of the Italian Legislative Decree D.L. n. 146/2021 requires also for mandatory education and training to be provided for and paid by the employer which consists in a practical test regarding the correct and safe use of tools, machinery, plants, substances and devices  with mandatory tracking of the interventions in a dedicated register.

In order to guarantee the appropriateness and specificity of the educational and training programme, its pertinent activities shall be entirely carried out on-site and must be repeated every two years or whenever required due to the evolution of risks or the occurrence of new risks:  the sentence for the person who fails to comply to such provision establishes two to four months imprisonment or a financial penalty from  1.474,21 to 6.388,23 euros.

Suspension of business activity (art. 14, comma 1) and amount of extra penalties

What follows is the updated text of Annexe I, i.e. the list of work safety violations which can be referred to in case of a provision of business suspension as per art. 14 of the Consolidated Safety Act (Testo Unico Sicurezza):

  1. Failure to provide elaboration of risk assessment document
  2. Failure to provide elaboration of the Emergency and evacuation Plan
  3. Failure to provide education and training
  4. Failure to provide formation of a prevention and protection service and appointment of a responsible for the service
  5. Failure to provide compilation of Operative Safety Plan
  6. Failure to supply of personal protective devices to prevent falling from heights
  7. Failure to provide protections to prevent free falling
  8. Failure to implement grillages, except for requirements which can be inferred from the technical report recording soil consistency
  9. Works carried out near electric lines in absence of suitable organisational and procedural regulations to protect operators from possible risks
  10. Presence of bare powered conductors in absence of suitable organisational and procedural regulations to protect operators from possible risks
  11. Failure to provide protection to prevent direct and indirect contacts(grounding system, thermal magnetic circuit breaker, differential circuit breaker)
  12. Omission to provide surveillance when safety, signalling or control devices are being removed or modified.
  13. Failure to provide notification to the supervisory body before starting operations which may involve the risk of exposition to asbestos

The employer must guarantee control of safety and restrain any irregularity both in the employment of the workforce and in the way such workforce is equipped and trained to operate safely.

Italy’s average of deadly accidents on the workplace is of 1 death every 3 days which places our country at the bottom end of this dramatic ranking at European level.  Entrepreneurs need to acknowledge that prevention and safety at the workplace are an essential element not only to avoid heavy sanctions or even business suspension, but more importantly to guarantee workers the appropriate safety conditions to be able to perform at their best.

 HSE, ESG and RSPP consultants  are responsible to providing a company safe, efficient and sustainable working environments: Perimetra offers their clients the consultancy they need to insert safety in the production equation and overcome the trade off between sustainability and efficiency.

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