The Legislative Decree “Implementation of Directive (EU) 2023/2668 of the European Parliament and Council, of November 22, 2023, amending Directive 2009/148/EC on the protection of workers against risks linked to exposure to asbestos during work” (D.Lgs. December 31, 2025, n.213) has been published in the Official Gazette, and will come into force on January 24, 2026.
The law introduces significant changes to the Decree n.81/2008 on health and safety in workplaces, extending its application to all work activities where there may be risk of asbestos exposure. This includes maintenance, renovation and demolition works, removal of asbestos or asbestos-containing materials, disposal and treatment of related waste, and other activities such as firefighting or management of emergencies in extreme natural events.
In line with the new decree, employers are required to identify the presence of asbestos in the workplace prior to engaging in any work. This can be achieved by enquiring with the property owners or other sources. If the necessary information is not readily available, employers must conduct an examination for the presence of asbestos through a qualified operator and acquire the results before the start of work.
In any work activity posing a risk to asbestos dust exposure, employers ought to assess the potential risks in order to gauge the nature and degree of worker exposure. They must prioritize the removal of asbestos over any other forms of asbestos maintenance or clean-up endeavors.
Modifications were also made to the notification process for health and safety authorities. Now, notifications must include a description of workers’ protection and decontamination, waste disposal and, if necessary, air circulation during work in closed environments; a list of workers who can be assigned to the site, individual worker training certificates and the date of the last regular medical check-up; and also the measures adopted to limit workers’ exposure to asbestos, together with the list of devices to be used.
Furthermore, the ruling stipulates that the measurement of fibre concentrations shall be conducted using optical microscopy in phase contrast until December 20, 2029, and after that, it shall be conducted using electronic microscopy or any other equivalent or more accurate method, considering also fibres less than 0.2 micrometers in width.
In the event of exceeding the limit value or suspicion of involvement of unidentified asbestos-contaminated materials, work must halt immediately. Work can only resume if adequate measures to protect workers are put in place. Causes of exceeding limits are to be identified and addressed promptly.
