New rules for workplace safety: suspension of activities, training, role of the supervisor

With the conversion into law of Decree-Law No. 146/2021, the Consolidated Safety at Work Act (Legislative Decree No. 81/2008) is reformed, affecting education and training activities, the activities of the supervisor and the possible suspension of business activities in case of safety violations and undeclared work, to which heavier penalties are added for those who do not observe the new provisions.

Education and training

The changes related to Article 37 training provide for the adoption by June 30, 2022, of a new State-Regions Agreement that identifies:

• Duration, minimum content and modalities of the mandatory training to be provided by the employer;
• The modalities of the mandatory final learning verification, as well as the modalities of the verifications of effectiveness during the performance of work services.

As for training, the law stipulates that it should consist of a practical test for the safe use of machines, equipment, substances, plants and devices (including PPE) and drills on safe work procedures, with the obligation to keep track in a special register of the training activities carried out.

Finally, training activities for supervisors must be carried out entirely in the presence of the supervisor and repeated at least every two years, or when a refresher is needed due to the evolution of existing risks or the emergence of new risks.

Obligation to identify the person in charge and changes to his or her role

The amendment to Art. 18 establishes the obligation for employers and managers to identify the supervisor for supervisory activities, as well as the obligation to indicate to the commissioning employer the personnel of the contractor or subcontractor who perform the role of supervisor.

It is then stipulated in Article 19 that the supervisor has the duty to:

• Supervise individual workers' compliance with legal obligations and the company's health and safety regulations;
• Supervise the proper use of collective and individual protective equipment.

If he or she identifies noncompliant behavior, the supervisor is obliged to intervene to change such behavior or to suspend the worker's activity when:

• The worker fails to follow workplace health and safety instructions for the use of protective equipment or devices;
• The supervisor identifies deficiencies or nonconformities that may cause hazardous situations.

Finally, it is made explicit that the supervisor may not suffer any injury as a result of the performance of his or her work.

Suspension of business activity

The update of Article 14 aims to regulate the measures that supervisory bodies can take in the case of violations of safety directives and in the presence of irregular work:

• Suspension of entrepreneurial activity, specifically with respect to the departments or activities affected by the violations;
• Specific measures to end the danger;
• Additional sums to be paid before activity can be resumed, which can go up to €3,000 depending on the violation.

In addition to being triggered if at least 10 percent of the workers (including casual self-employed workers) are present at the time of the inspection without prior notice of employment, measures are provided for:

• Failure to prepare the DVR;
• Failure to prepare the Emergency and Evacuation Plan;
• Failure to provide education and training;
• Failure to establish the Prevention and Protection Service;
• Failure to prepare the SOP;
• Failure to provide PPE against falls from height;
• Lack of protection against vacuum;
• Failure to apply rebar;
• Work near power lines in the absence of appropriate organizational and procedural arrangements to protect workers from electrical hazards;
• Presence of live bare conductors in the absence of appropriate organizational and procedural arrangements to protect workers from hazards;
• Lack of protection against direct and indirect contacts;
• Failure to supervise the removal or modification of safety devices signaling or control;
• Failure to notify the supervisory body before the start of work that may involve the risk of asbestos exposure.

Source:

• Ministry of Labor and Social Policy