The regulatory framework

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bambina in fabbrica XIX secolo

The first legislative regulation on workplace safety dates back to the late 19th century, arising from the need to try to curb the accident phenomenon resulting from unregulated growth of work within factories and from the increasingly widespread and unscrupulous use of machinery and equipment lacking basic safety measures.

The issue of workplace safety arose, in fact, with the explosion of the 19th-century industrial revolution, which led to the phenomenon of mass migration from the countryside to the cities of a large number of workers to work in the new factories, providing the labor force needed for large-scale production of goods and services. However, workers soon began to organize themselves, even at the union level, both due to the unhealthy working conditions and the severity of the working conditions they endured, and to demand improvements in their working conditions, including issues of exploitation, safety, and the healthiness of the workplaces.

It was therefore essential to establish regulations in the field of safety and workplace injuries: at the end of the 19th century, the first legal provisions were issued, which over time were replaced by new and increasingly comprehensive regulations, as legislation had to necessarily adapt to technological progress and the emergence of new production methods that involved the introduction of new health risks for workers.

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Leggi sulla sicurezza

The current regulatory framework regarding safety and health in the workplace is the result of measures taken at three different historical moments:

  1. the first moment relates to the introduction of the Civil Code, Criminal Code, and Constitution;
  2. the second moment consists of regulations issued from the 1950s to the 1980s, created to reconcile the changing needs of political, social, and industrial realities following the post-war period with the increasingly demanding need for workplace safety protection;
  3. the third moment includes regulations issued from the 1990s to today, as a consequence of the transposition of EU directives and the awareness of the active involvement of workers in managing workplace safety: in this context, Legislative Decree 626/94, now Legislative Decree 81/08, was enacted.

On April 1, 2008, the Council of Ministers approved the "New Consolidated Act on Occupational Safety and Health"; it is a Legislative Decree, D.Lgs. 81/08, which reorganizes all matters related to occupational health and safety into a comprehensive body, repealing all previous regulations, including D.Lgs. 626/94.  

D.Lgs. 81/08 consists of 306 articles divided into 13 titles and 51 annexes: it practically covers all technical and organizational aspects related to occupational health and safety, from general principles, to construction sites, hazardous substances, signage, and so on.

 

SUMMARY OF THE TITLES

TITLE II

WORKPLACES

TITLE III

USE OF WORK EQUIPMENT AND PERSONAL PROTECTIVE DEVICES

TITLE IV

TEMPORARY OR MOBILE CONSTRUCTION SITES

TITLE XIII

TRANSITIONAL AND FINAL PROVISIONS

TITLE I

GENERAL PRINCIPLES

TITLE V

HEALTH AND SAFETY SIGNAGE

TITLE XII

PROVISIONS ON CRIMINAL LAW AND CRIMINAL PROCEDURE

TITLE VI

MANUAL HANDLING OF LOADS

TITLE XI

PROTECTION AGAINST EXPLOSIVE ATMOSPHERES

TITLE VII

EQUIPMENT FITTED WITH VIDEO TERMINALS

TITLE X-BIS

PROTECTION AGAINST CUT AND PUNCTURE WOUNDS IN THE HOSPITAL AND HEALTH SECTORS

TITLE X

EXPOSURE TO BIOLOGICAL AGENTS

TITLE IX

HAZARDOUS SUBSTANCES

TITLE VIII

PHYSICAL AGENTS

 

To adapt Legislative Decree 626/94, originally designed for application in the corporate world, to the university environment and its specific operational figures, Ministerial Decree 363/98 - Regulation containing rules for identifying the particular needs of universities - was enacted.  

This regulatory measure specifically leads to the identification of the Person Responsible for Teaching and Research Activities in the Laboratory and defines their responsibilities concerning health and safety management, limited to activities comparable to laboratories.

In the Regulations, issued with Rectoral Decree No. 778 of July 17, 2019, the rules set forth by Legislative Decree 81/08 and subsequent amendments and integrations, and by Ministerial Decree 363/98 are implemented at the Polytechnic, assigning Responsibility roles to University Positions.