Health and Safety at the Workplace in Italy

AutorMichele Tiraboschi - Silvia Fernández Martínez
CargoFull Professor of Labour Law at the University of Modena and Reggio Emilia. Scientific Coordinator of ADAPT - PhD Candidate International Doctoral School in Human Capital Formation and Labour Relations. University of Bergamo-ADAPT
Páginas40-46
IUSLabor 2/2015
22
HEALTH AND SAFETY IN THE WORKPLACE IN ITALY
Michele Tiraboschi
Full Professor of Labour Law at the University of Modena and Reggio Emilia.
Scientific Coordinator of ADAPT
(School of Higher Education in Labour and Industrial Relations)
Silvia Fernández Martínez
PhD Candidate International Doctoral School in Human Capital Formation and Labour
Relations. University of Bergamo-ADAPT
Introduction
According to the official data collected by the National Institute for Insurance against
Accidents at Work (INAIL), the social costs directly associated to work-related
accidents in Italy amount to 45 billion every year. More than 700,000 work-related
accidents are reported yearly, 900 of which are deadly. However, these figures are
gradually declining, due to a fall in the activity rates resulting from the recession.
Further, while the number of occupational diseases and accidents resulting from
“dangerous behaviour” (related to inadequate organization of work) is on the rise, the
injuries related to “structural” (e.g. collapses) or “technological” factors (e.g. any
equipment malfunction) are decreasing.
1. Which national provision implements Council Directive 89/391/EEC of 12 June
1989 on the introduction of measures to encourage improvements in the safety and
health of workers at work? What obligations does your country’s legislation on
health and safety in the workplace establish?
In Italy, the Council Directive 89/391/EEC was transposed into national law by
Legislative Decree n. 626/1994 (September 19, 1994). This way, all the provisions
contained in this and in other directives relating to workers’ health and safety were
grouped into a single piece of legislation. However, the result was a fragmented
regulatory framework which merely overlapped the previous one.
Subsequently and on several occasions, the foregoing decree had to be amended, not
least to meet the Community requirements. This aspect further exacerbated its overly
general nature and the lack of coordination between different provisions on health and
safety at work. For this reason, the Italian government implemented Article 1 of Act n.
123/2007 which gave the Government law-making powers in this area and passed
Legislative Decree n. 81/2008 (May 9, 2008) with the aim of bringing together all the

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