INL: Occupational health and safety

25 March 2022

To combat irregular work and protect the safety and health of workers, as already mentioned in previous articles, amendments have been adopted through the conversion of Law 146 of 21.10.2021, thus strengthening the obligations already provided for in the Consolidated Law 81/2008.

Among the many changes we are going to underline the suspension of the activity, a means by which the inspection staff blocks the activity by granting an effective action to protect workers and pre-reduce the incidence of accidents at work in the context of the most dangerous activities such as work at height.

Circular no. 4 of the INL (National Labour Inspectorate) clarifies in points 6 and 7 two of the violations referred to in Annex I, it is considered that the suspension can be adopted in the presence of the conditions set out in the circular in relation to each case.

  1. Failure to provide personal protective equipment against falls from a height.

The suspension is applied only when it is ascertained (even with the acquisition of cross-declarations as well as documentation) that the PPE against falls from a height have not been provided to the worker, a case different from the hypotheses in which the workers have not used them.

  1. Lack of vacuum protection

The suspension is applied in cases where the vacuum protections are completely missing or so insufficient as to be considered substantially absent.

The consideration of “so insufficient”, expressed in point 7, does not specify the measure or at least not directly the criteria with which the inspection body precedes the assessment. In this regard, even if not widely commented, we remind you that the reference legislation for work at height is Title IV, Chapter II of Legislative Decree 81/2008, which regulates risk assessment and prevention measures to be implemented also Article 111 of the Consolidated Law on health and safety at work establishes that the employer to ensure safe working conditions will have to give priority to collective protection measures and the type of equipment must be adapted to the nature of the work to be carried out, to the foreseeable stresses and to risk-free circulation.

In relation to the points expressed, an additional penalty is also established, or respectively for both points in question about € 300.00 per worker.

The Circular specifies that the revocation of the suspension measure will be subject to compliance with all the requirements given in reference to Annex I, the verification of which must be carried out as soon as possible.

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