Updated: May 18
Law Decree 146/2021 has profoundly innovated the Italian legislation on health and safety in the workplace, amending Legislative Decree 81/2008 with the aim of making supervisory and control activities more effective.
The reform provides for the suspension of the activity if following an inspection it is ascertained:
1. the lack of prior notification of the establishment of the employment relationship for at least 10% (previously 20%) of workers present in the workplace
2. the serious violation of the rules on the protection of health and safety at work indicated in the new Annex I to the Legislative Decree 81/2008
The suspension of the activity is ordered by the National Labor Inspectorate (INL) immediately, thus eliminating the necessary repetition of the violation provided for by the previous legislation.
For violations in the field of fire prevention, the exclusive competence is of the provincial command of the fire brigade with territorial jurisdiction.
The revocation of the provision of suspension of the activity can be adopted, at the request of the interested party, if the workers not resulting from the mandatory documentation are regularized, the health and safety obligations are fulfilled and the dangerous consequences of serious violations of the Annex I are removed.
To obtain the revocation of the suspension provision, it will also be necessary to pay an additional sum:
In the case of suspension for irregular work: equal to 2,500 euros up to 5 irregular workers or 5,000 euros, if more than 5 irregular workers are employed (previously it was equal to 2,000 euros, regardless of the number of workers)
In the event of serious violations of Annex I to Legislative Decree 81/2008: variable in 3 thresholds: 3,000, 2,500 or 300 euros for each worker concerned (previously it was equal to 3,200 euros, regardless of the type of violation ascertained)
The additional amounts are doubled if, in the 5 years prior to the adoption of the provision, the same company was the recipient of a prior suspension provision.
There remains the possibility of obtaining, at the request of a party, the revocation of the suspension without immediately paying the entire amount provided, immediately paying 20% of the additional amount due and the residual amount, with a 5% increase.
With regard to the suspension measures for irregular work, appeal is allowed, within 30 days, to the territorially competent Interregional Labor Inspectorate, which decides within 30 days of notification of the appeal. Once the 30-day deadline for the decision has elapsed, the appeal is considered accepted.
Anyone who fails to comply with the suspension provision is punished:
with the imprisonment for up to 6 months in the event of suspension for violations relating to the protection of health and safety at work;
with the imprisonment from 3 to 6 months or with a fine from 2,500 to 6,400 euros in the event of suspension for irregular work.
For the entire period of suspension, the company is prohibited from contracting with the P.A. To this end, the suspension provision must be communicated to the National Anti-Corruption Authority (Anac) and to the Ministry of Sustainable Infrastructure and Mobility, for the aspects of their respective competence.
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