The Italian Legislative Decree 81/2008 and its subsequent modifications, also known as the Testo Unico della Sicurezza (TUS), outlines the rules and regulations regarding safety in the workplace in Italy. This decree provides a sanction system for those who do not comply with these regulations. However, there are certain subjects for which no penalties are foreseen.
No Penalties for Certain Subjects
Under the TUS, there are certain subjects for which no penalties are foreseen. These include: employees, who are not considered responsible for any violations; employers and workers who have already been punished for a similar violation, as well as those who have already taken all the necessary measures to remedy the situation; employers and workers who have voluntarily reported the violation; and employers and workers who have demonstrated that the violation was due to a force majeure event.
D. Lgs. 81/2008 and SMi Sanction System
The D. Lgs. 81/2008 and its subsequent modifications, also known as the Testo Unico della Sicurezza, provide a sanction system for those who do not comply with the safety regulations outlined in the decree. This sanction system is based on the principle of proportionality, which means that the severity of the sanction should be proportional to the seriousness of the violation. The sanctions can range from a warning to a fine, or even suspension of activities.
The sanctions are imposed by the Italian Ministry of Labour and Social Policy (MIPAS), which is responsible for the enforcement of the decree. The ministry is also responsible for determining the amount of the sanction, depending on the severity of the violation.
In conclusion, the Italian Legislative Decree 81/2008 and its subsequent modifications provide a sanction system for those who do not comply with the safety regulations outlined in the decree. However, there are certain subjects for which no penalties are foreseen, such as employees, those who have already been punished for a similar violation, those who have voluntarily reported the violation, and those who have demonstrated that the violation was due to a force majeure event. The sanctions are imposed by the Italian Ministry of Labour and Social Policy, which is responsible for the enforcement of the decree.