NEW DECREE-LAW No. 48 OF 04/05/2023 – HOW AND IN WHAT RESPECTS LEGISLATIVE DECREE 81/08 CHANGES.
As of 05/05/2023, pursuant to WORK DECREE-LAW No. 48 of 04/05/2023, certain articles of the Consolidated Law on occupational safety (Legislative Decree No. 81/2008) are significantly supplemented.
NEW DEVELOPMENTS FOR THE EMPLOYER AND THE MANAGER: Â
- Article 18 – obligations of the EMPLOYER and the MANAGER
Both figures may appoint the Occupational Physician to carry out health surveillance in the cases provided for by this legislative decree and where required by the risk assessment referred to in Article 28.
NEW DEVELOPMENTS FOR SELF-EMPLOYED WORKERS:
- Article 21 – Self-employed workers
The obligation for self-employed workers to use work equipment in compliance with the provisions of Title III, as well as suitable temporary works in compliance with the provisions of Title IV, is extended.
NEW DEVELOPMENTS FOR OCCUPATIONAL PHYSICIANS:
- Article 25 – obligations of the occupational physician
Decree-Law 48/2023 inserts letter e-bis) and letter n-bis) into Article 25, paragraph 1, which details all the obligations of the occupational physician:
<<e-bis) on the occasion of pre-employment medical examinations, the Occupational Physician requests from the worker the health record issued by the previous employer and takes its contents into account for the purposes of formulating the fitness judgment;>>
 <<n-bis) in the event of impediment for serious and justified reasons, the Occupational Physician shall notify the employer in writing of the name of a substitute, meeting the requirements set out in Article 38, for the fulfilment of legal obligations during the relevant specified time interval.>>
NEW DEVELOPMENTS FOR TRAINING:
- Article 37 – Training of workers and their representatives
The Standing Conference for relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano adopts an agreement in which it provides for the consolidation, review and amendment of the implementing agreements of this decree on training, in order to ensure:
- a) the identification of the duration, minimum contents and methods of training
mandatory and at the employer’s expense;
- b) the identification of the methods for the mandatory final learning assessment for participants in all mandatory training and update training courses on occupational health and safety and the methods for verifying the effectiveness of training during work performance;
<<b-bis) the monitoring of the application of agreements on training, as well as control over training activities and compliance with the reference legislation, both by the entities that provide the training and by the entities receiving it.>>
Still awaiting the State-Regions Agreement scheduled for 30/06/2022.
 NEW DEVELOPMENTS FOR THE RENTAL OF WORK EQUIPMENT WITHOUT OPERATOR:
 Article 72 – Obligations of lessors and grantors for use
<<Anyone who rents out or grants for use work equipment without an operator must, at the time of transfer, certify its good state of preservation, maintenance and efficiency for safety purposes. They must also acquire and keep on file, for the entire duration of the rental or grant of the equipment, a self-certifying declaration from the person renting or being granted use of the equipment, or from the employer, certifying that specific education and training, carried out in accordance with the provisions of this Title, has been completed by the persons identified for its use>>.
Administrative financial penalties from EUR 921.38 to EUR 3,316.96 introduced
 NEW DEVELOPMENTS FOR TRAINING IN THE USE OF EQUIPMENT:
- Article 73 – Training in the use of equipment
<<The employer who uses equipment requiring particular knowledge pursuant to
Article 71, paragraph 7, shall provide for their own education and training
specific to ensuring the suitable and safe use of the equipment. >>
Sanctions introduced against the employer, the manager, the lessor and the grantor for use. The employer and the manager are punished with imprisonment from three to six months or with a fine from EUR 3,071.27 to EUR 7,862.44 for violation of Article 71, paragraphs 1, 2, 4, 7 and 8 and Article 73, paragraph 4-bis.
CSIA and all its Staff are at your complete disposal for further information and/or clarification on the matter!!!
