By Italian law, the employer is obliged to protect not only the physical health, but also the mental health of its workers during their work activities and enable them to perform their duties in safe conditions both for the protection of themselves and for the protection of others.
Within LDs 231/01 and 81/08, the responsibilities and penalties for the employer who fails to ensure the above principle have been clarified.
First and foremost, the employer is required to prepare the risk assessment document (DVR), a document that serves precisely to estimate, describe and assess all risks present in the workplace. He is also obliged to appoint the Responsible for the Prevention and Protection Service (RSSP), a figure (internal or external to the company, in some cases it may even coincide with the employer himself) who is responsible, in collaboration with other figures such as the competent doctor, for the application of regulations regarding safety at work and the drafting of the DVR.
In the case of the DVR, administrative penalties range from 1096€ to 4384€ and from 2500€ to 6400€ in the case of an incomplete or missing document, respectively. In the latter case, however, the possibility of a criminal penalty of up to six months should be noted. The same penalties established for the absence of the DVR in the company are applied to the failure to appoint the RSPP: a fine of up to €6400 and imprisonment of up to 6 months.
It is also worth mentioning that the competent doctor, when provided for, must also be appointed by the employer; in case of non-compliance, fines range from 1644 to 6576€ and criminal penalties from two to four months.
According to DL 81/08, the employer can also face sanctions in cases where the assignment of work duties is not deemed congruent with the health conditions and abilities of the worker (imprisonment of up to four months and fine of up to 5699€) and in cases where workers are not sent for medical examination and suitability judgment (fine of up to 4384€). The employer is also required to report to INAIL all occupational injury events (fine up to 4500€ in case of failure to report) that result in at least one day of absence.
It is the employer's obligation also to provide personal protective equipment (PPE): in case of failure to provide the fine can reach 6576€ and imprisonment up to four months. It is likewise important to remember the employer's obligation to organize education and training for all personnel in the proper use of equipment, facilities and protective devices. Deficiencies on this front can lead not only to serious penalties, but also to suspension of business activities.
Generally speaking, the employer is obliged to make worker safety an absolute priority and can be found somewhat culpable in the case of accidents even if only for failing to make safety a priority or to benefit financially from failing to invest in it.
