Frequently Asked Questions (FAQ)
This page covers the most frequently asked questions (FAQs) on occupational health and safety, providing appropriate answers for initial counselling.
What is Occupational Safety?
In the Italian legal system for health and safety at work it means all the preventive measures to be taken in the company to make workplaces safe and healthy, so as to avoid or reduce the exposure of workers to the risks associated with work.
Safety is therefore the goal of that set of activities (often heterogeneous) aimed at eliminating the risks associated with work and is obtained when the working environment is healthy and free from potential risks for the safety of the workers themselves.
What is the reference standard in Occupational Safety?
In Italy, the complex and vast sector of safety at work is regulated by the Single Text on safety at work (Legislative Decree n. 81/2008, which entered into force on May 15th 2008), and by the related corrective provisions, ” Legislative Decree n.106/2009″.
This decree, which has had many historical precedents (dating back to 1955 and 1956) and other more recent (Legislative Decree n. 626/1994), transposes in Italy, the European Directives (3 August 2007, n. 123) coordinating them in a single legislative text, which provides specific penalties for non-compliants.
What are the obligations for the Employer?
The Legislative Decree n. 81/2008 and the innovations introduced by Legislative Decree n. 106/2009 imply the participation of the employer and the workers in the adoption of the fulfilments and measures of prevention and protection for health protection in the workplace.
In particular, the employer is the person responsible for ensuring safety in his company. He has the power to organize every stage of work, but the obligation to do so while preserving the safety of workers.
The employer must take all necessary measures to protect the employees, must inform them about the specific risks they are exposed to, must train workers in the correct use of vehicles, machinery and protective instruments, training and informing employees about the safety system adopted and the potential risks and monitoring the effective application of the accident prevention provisions.
The employer has the obligation to make an assessment of the potential risks in order to draw up the DVR (Risk Assessment Document). With the DVR the employer certifies the potential risks and the related prevention and protection measures accordingly taken.
What penalties are imposed on the Employer?
The Legislative Decree n. 81/2008 and the subsequent Legislative Decree n.106/2009 provide for a complex system of liability and penalties for non-compliance with the rules on safety in the workplace. The penalties provided for are numerous and difficult to list all. In this regard, our legal system provides for three types of legal liability: civil, criminal and administrative.
At the criminal level, in the worst case, the employer may have to answer for the wrongful death, manslaughter and other wrongful death or serious injury of one or more workers.
The employer is punished with the arrest from 3 to 6 months, or with a fine ranging from 2,500 to 6,400 Euro when: DOES NOT adopt the Risk Assessment Document (DVR), DOES NOT appoint a manager of the prevention and protection service, DOES NOT follow the training required by law if he decide to personally take care of safety at work without delegating these tasks to others.
Also the administrative sanctions are many and can go as far as the suspension of business activity (provided for by art. 14 of Legislative Decree n. 81/2008) that can be issued in the event of serious and repeated violations in the field of accident prevention.
Last but not least, civil liability arising from accidents and/or occupational diseases contracted by employees in companies. The employer’s failure to take care of safety requirements may also be relevant in terms of the worker’s right to compensation.
The employer who is ordered to pay compensation for the damage suffered by the worker in carrying out his activities in the company, shall compensate: the property damage: that is, all the damages that consist in an economic loss (medical expenses, expert reports, loss of earnings, etc.) non-material damage: damage not related to the financial sphere but to the physical and psychological.
As a result of INAIL cover, compensation for the civil liability of the employer is paid by the social security institution. Except where the damage is caused by the commission of a serious criminal offence (manslaughter).
How to reduce occupational accidents and diseases?
From a recent study carried out among 22 Member States of the European Union, it has emerged that the significant reduction of occupational accidents and diseases is primarily linked to full compliance with current regulations, and the implementation of the Safety System.
Awareness campaigns within companies play an important role in this regard. Companies investing in training and information record the lowest number of accidents.
Another determining factor is the verification of the relevant bodies. The shorter the time interval between one inspection and another, the fewer injuries recorded.
Another element is the adoption of a management system for issues related to risks in the workplace. In fact, Security Management Systems allow to evaluate the risks at source and to adapt the best possible solutions (also with methods of statistical analysis).
Why choose a Workplace Safety Advisor?
The regulatory requirements required in Italy in the field of health and safety at work are many and often difficult to apply. Consulting with a trained counsellor means that the employer (who has a large part of the obligations) gains time and money.
Specificity of the company. Each company is different from the other, both by type of activity and by organization and employment structures (machinery, tools, plants). The risks associated with work can be different in degree and importance. The risks are often linked to the specificity of the work to be carried out.
Vulnerability of the sector. The relevant legislation is constantly updated, obligations and levies may vary from one moment to the next. In this sense we talk about vulnerabilities in the sector (security). Only an experienced and trained consultant can ensure compliance with the rules in time.
Consultant versatility. The consultant has the necessary versatility to assess not only the risks, but also the relevant needs of a company. Workplace safety advice targeted at company specificities results in more efficient production processes and more effective business decisions.
What is the DVR (Risk Assessment Document) and when is it mandatory?
The DVR is the document drawn up by the Employer pursuant to Art.28 of Legislative Decree 81/08. The DVR must contain a report on the assessment of all the risks to the safety and health of the Company’s work activities, the criteria adopted for the evaluation of the same, indication of the prevention and protection measures implemented and the PPE adopted and the programme of measures deemed appropriate to ensure the improvement of safety levels over time.
The DVR is mandatory for any company having one or more employees or subjects comparable to employees (temporary workers, apprentices, interns, part-time workers or with fixed-term or seasonal contracts). The self-employed and the micro companies constituted exclusively by family collaborators are excluded from the obligation to write the DVR.
The DVR is the central element of the company security and the lack or lack of drafting it can represent a serious civil and criminal liability in case of controls or accidents at work.
The drafting of the DVR is part of the obligations not to be delegated by the Employer and consequently any gaps or superficiality of the document are always attributable to the Employer himself (even if the drafting of the DVR was entrusted to an internal or external RSPP or a consultant). Given the importance of the document Safetyone Engineering suggests to use professionals with proven experience in the field and to verify personally the contents of the DVR especially in cases where the external consultant is limited to drafting the document without affixing the own signature.
When and how to prepare the Vibration Risk Assessment?
The vibration risk assessment is an assessment made by the Employer pursuant to Art.202 of Legislative Decree 81/08, when workers are or may be exposed to mechanical vibration, therefore it is mandatory only in some specific companies. The vibration transmitted to the hand-arm system (when using equipment such as drills, screwdrivers, demolition hammers, etc.) and whole body vibration are considered for evaluation (in case of use of means such as forklifts, vehicles, trucks etc.). The Employer must determine the daily weighted average exposure levels for homogeneous groups of workers and, depending on the action values established by law, take any corrective measures or measures (including, for example, health surveillance).
Safetyone Engineering suggests to draw up the document on the basis of instrumental measurements (by means of equipment called vibrometer) in particular where the data of one or more equipment is not available in the literature or where the equipment is no longer new.
The assessment shall be updated every four years and whenever changes occur that render it obsolete. Safetyone Engineering offers the opportunity to verify the validity of your document free of charge and to provide the necessary updates.
When and how to prepare the Noise Risk Assessment?
The noise assessment is carried out by the Employer, in accordance with Art.190 of Legislative Decree 81/08, for the determination of the minimum protection requirements for workers exposed to noise during the performance of their work. Similar to the vibration risk assessment, the noise assessment is carried out taking into account the daily or weekly weighted average noise exposure levels for homogeneous groups and comparing them with the limit and action values defined in Legislative Decree 81/08.
Safetyone Engineering suggests drawing up the document on the basis of instrumental measurements (by means of equipment called sound level meter) in particular where the data of one or more equipment is not available in the literature or where the equipment is no longer new.
The assessment shall be updated every four years and whenever changes occur that render it obsolete.
Safetyone Engineering offers the opportunity to verify the validity of your document free of charge and to provide the necessary updates.