Safety legislation

The Consolidated Act on Health and Safety in the Workplace in Legislative Decree no. 81/2008 applies to private and public sectors and all risks. It is irrelevant if a doctor works for profit, as it is sufficient to have an employment relationship (or equivalent under art. 2, paragraph 1, letter a) of Legislative Decree no. 81/2008).  Employers of domestic and family service workers are excluded by the legislation (Art. 2, paragraph 1, letter a, Legislative Decree no. 81/2008).

Under art. 3 of Legislative Decree no. 81/2008, employees who carry out continuous remote work, using computer and electronic connections, including those under Presidential Decree no. 70 of 8 March 1999, and the European framework agreement on telework entered into on 16 July 2002, will see the application of Title VII, regardless of the work environment.

When carrying out the risk assessment referred to in Article 28, the employer must inspect the location where the service provider performs work, particularly for:

• eye risks;
• posture and physical or mental fatigue risks;
• ergonomic conditions and environmental hygiene.

The Risk Assessment Document (“DVR“) is a tool which supports prevention supervisors, including the employer, managers, Risk Prevention and Protection Service Manager and Workers’ Safety Representative, in managing and organising prevention and protection measures aimed at preventing occupational risks. The Risk Assessment Document must be dated and, under Article 28, paragraph 2 of Legislative Decree no. 81/2008, it must contain at least the following information:

1. a report on the assessment of all health and safety risks during work, specifying the assessment criteria;
2. prevention and protection measures implemented and the personal protection equipment adopted;
3. the programme of measures considered appropriate to ensure the improvement of safety levels over time;
4. the procedures for implementing the measures and the roles within the corporate organisation that must provide for them. These appointed professionals must have appropriate skills and powers;
5. the name of the risk prevention and protection service manager, workers’ safety representative or local representative and company physician who participated in the risk assessment;
6. the tasks that may expose workers to specific risks requiring recognised professional skills, specific experience, adequate education and training.

Drafting the Risk Assessment Document is an employer’s obligation and cannot be delegated.