The National Labor Inspectorate (INL) issued note no. 811 on 29th January 2025, which outlines the new skills and responsibilities they have been assigned concerning underground or semi-underground closed workplaces. According to Article 1, subsection 1, letter e) of the Employment Assistance Act (Law no. 203/2024), INL has been given the responsibility to handle cases where employers wish to use these closed spaces for work activities. This change went into effect on 12th January 2025, replacing entirely subsections 2 and 3 of Article 65 of Legislative Decree no. 81/2008.
Under the new legislation, employers must submit a communication through PEC (Electronic Registered Mail) before using these spaces. This applies also to work activities that occur in underground or semi-underground spaces when there are “particular technical needs.” However, if activities involve the release of harmful substances, the communication may not be submitted.
The communication can only be filed by employers for spaces that already have a building permit suited to the activity for which they are applying. The communication should be written on standard paper or be filled out digitally and submitted through PEC to the local office of INL, 30 days before the actual use of the premises.
The new legislation also requires that the notice is accompanied by a comprehensive report outlining the kind of activities that will take place along with a certification from a registered technical professional. This certification must assure that the premise is in accordance with building codes, town planning tools and other legislation. In addition, the expert must validate the rooms’ suitability, hygiene and sanitation standards, lighting conditions, air quality, ventilation system, microclimate appropriate to the type of work and that all the systems comply with current regulations.
If the documentation submitted by the employer is found to be incomplete or lacking the information contained in the communication’s application model, the Labor Inspectorate, according to subsection 3 of Article 65, may request “further information.” In such a case, the use of the premises will be permitted 30 days after the communication of the additional information requested, unless there is an express prohibition from the office itself.
In case the proper conditions or respect for legal requirements are not demonstrated, the Labor Inspectorate will inform the employer through PEC, supplying reasons for the refusal to use the premises.
