The provision amends Legislative Decree 81/2008 by introducing a new Article 3, paragraph 7-bis, which makes compliance with safety obligations conditional upon the delivery—at least annually—of a written notice to employees working remotely (more commonly known as smart working) and to the Workers’ Safety Representative (RLS). This document must be comprehensive and consistent with the Risk Assessment Document (DVR) and must include information on general risks, specific risks, technostress, the use of display screen equipment, and risks related to commuting.
An obligation that already existed, but without teeth.
Taking stock of the practical impact of this change is Martina De Angeli, senior associate and practice leader at De Luca & Partners. “This obligation to provide the notice at least annually was already предусмотрed by Law 81 of 2017, which regulates agile (remote) work.”
In practice, the issue was that, without explicit consequences, many companies tended to push this requirement to the bottom of their priority list. “Today there has been a bit of resonance,” De Angeli observes, “because in practice it was an obligation that always remained a low priority compared to signing agreements and notifying the authorities.” The firm has always done its best to raise awareness among companies about this obligation and therefore believes its clients are compliant. But the message for those who have not yet adapted is clear.
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