The prevention system does not stop at the company's boundaries. Some bodies inspect, others assist, and others still protect those who are injured. This lesson introduces them.
Who inspects
Supervision of the application of safety rules is carried out (Art. 13) by:
- the local health authorities (ASL), through their prevention and workplace safety services;
- the National Labour Inspectorate (INL), which since 2021 supervises safety in all sectors, alongside the ASL, and also checks irregular work;
- the fire brigade (Vigili del fuoco), for fire prevention and fire safety.
Inspectors can enter workplaces, ask for documents such as the DVR, speak to workers and check the measures taken. They have judicial police powers. People at work must cooperate honestly: answer truthfully and hand over the documents requested.
What they can do
When they find a violation, the supervisory bodies can:
- issue a compliance order (prescrizione), that is, an order to correct the violation within a set time; if the company complies and pays a reduced sum, the offence is extinguished (procedure of d.lgs. 758/1994);
- apply administrative penalties;
- pass the case to the judicial authority when there is an offence;
- in serious cases, for example irregular work or very serious safety violations, suspend the company's activity (Art. 14) until the situation is regularised.
Criminal, administrative and civil liability
- Violations of the Consolidated Act are mostly summary offences, punished with a custodial sentence or a fine, and administrative financial penalties.
- If an accident causes serious injury or death through fault, the person responsible may also answer for negligent injury or manslaughter (Criminal Code, Arts. 589 and 590).
- The company can also be penalised: d.lgs. 231/2001 (Art. 25-septies) provides for the liability of entities for these offences committed in breach of safety rules.
- An injured worker can claim damages for the part not covered by insurance.
Who assists and protects
- INAIL is the body that insures workers against accidents at work and occupational diseases: it provides care, compensation and annuities. Protection applies even if the employer has not paid the premiums (the principle of automatic entitlement to benefits). INAIL also carries out advisory, training and research activities for companies (Art. 9) and manages the national information system for prevention (SINP, Art. 8).
- The employer must notify INAIL of accidents in the cases provided for, for example those with an absence of more than three days.
- The joint bodies (organismi paritetici, Art. 51) are set up by employers' and workers' associations. They offer support to companies and are consulted on training.
What to do in case of an accident
If you have an accident, tell your preposto or the employer immediately and get treated. Keep the medical documents. The company must handle the report to INAIL. If you think safety was neglected at your workplace, you can turn to the RLS or the competent ASL.