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Health and Safety: Commission requests Italy to fully apply EU legislation

21/11/2012 Safety helmet hanging from a tree

The European Commission has requested Italy to take measures to fully apply the EU Directive that establishes the general principles concerning the prevention of occupational risks and the protection of the workers' health and safety.

The Directive (89/391/EEC) requires Member States to put in place legislation requiring employers to undertake a risk assessment and to take preventive measures to eliminate risks with a view to reducing accidents at work and occupational diseases.

The problem in Italy is that the current legislation exonerates the employer from his responsibility for health and safety in case of delegation and sub-delegation of functions and deferring the obligation to provide a risk assessment document in case of new business or substantial changes.

The request takes the form of a 'reasoned opinion' under EU infringement procedures. If Italy does not notify measures to ensure full compliance with its obligations under the Directive within two months, the Commission may decide to refer Italy to the EU's Court of Justice.

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