The National Inspection of Labour (INL), as provided by the State-Regions Agreement of 27 July 2022, has offered clarifications on how penalties related to identical occupational health and safety cases are to be applied as well as on certain aspects relating to machinery governed by the pre-89/392/EEC directive. These pronouncements came about following technical discussions between the INL and the Interregional Technical Group on Occupational Health and Safety.
The INL clarified that employers are obliged to make sure their workplaces adhere to safety requirements as stated in Attachment IV to Legislative Decree no. 81/2008. Each point in Attachment IV rules safety requirements for each class of interests concerning the workplace (e.g., stability and solidity at point 1.1, height, volume, and surface area at point 1.2, etc.). Therefore, all directives that fall within each specific class of reference, grouped based on a selection criterion aimed at protecting a common specific interest or safety requirement, belong to the same homogeneous category.
Violation of multiple directives within a single category does not lead to a material competition of offences but to a single violation. On the other hand, violation of multiple directives across different categories will amount to multiple offences. Employers also need to assess the safety requirements of work equipment according to Attachment V of the same legislative decree, applicable for machinery produced and used before 21 September 1996.
The INL points out that the legislator has not imposed any obligation on the employer to rely on a certified technical expert for the verification of compliance, and therefore, lack of certification by a qualified technician for “pre-directive” 89/392/EEC equipment does not constitute a prerequisite for verifying non-compliance with general safety requirements as per Attachment V. Inspections will verify compliance with general safety requirements in addition to the correct risk assessment.
For machinery and equipment manufactured or marketed before the entry into force of Presidential Decree no. 459/1996, the INL emphasises that they are not mandated to have a use and maintenance booklet prepared by the manufacturer. Thus, INL does not deem it obligatory to draw up a complete use and maintenance manual, but they require employers to prepare technical sheets/procedures or operational instructions that carry behavioural rules, safety measures adopted, and necessary information to ensure workers’ safety (Attachment V, point 9.2, Legislative Decree no. 81/2008).
