INL and Conference of Regions Issue Key Updates on Workplace Machinery and Safety Compliance
The National Labor Inspectorate (INL) and the Conference of Regions have issued critical clarifications regarding workplace machinery and compliance with Italian safety regulations, specifically Legislative Decree 81/08.
No Legal Obligation for Declaration of Conformity for Pre-1996 Machines
The INL has confirmed that the Declaration of Conformity to Annex V of Legislative Decree 81/08 is not required by law for pre-CE machinery (built before September 21, 1996). This means that the absence of such a declaration during inspections will not result in penalties. However, compliance with Annex V and risk assessment tailored to each machine remain mandatory.
For machinery without the original instruction manual, employers must still provide alternative documentation, including work procedures, technical data sheets, and safety instructions to ensure workers are trained for safe machinery operation.
Mandatory Compliance with Safety Requirements in Annex IV
One major clarification relates to workplace compliance with the safety requirements outlined in Annex IV of Legislative Decree 81/08. Employers are legally obligated under Article 63, comma 1, to ensure that workplaces meet these safety standards. Violations of these requirements will be penalized under Article 68, comma 1, letter b) of the decree.
Particularly relevant is the explanation on penalties for multiple infractions within the same category of safety requirements. The INL has clarified that violations falling within a single “homogeneous category” (e.g., structural stability or workspace dimensions) lead to a single penalty, rather than multiple fines for each breach. However, multiple violations across different categories will result in separate penalties.
Key Details for Pre-1996 Machinery Compliance
The INL emphasized specific obligations for machinery produced or distributed before the implementation of Directive 89/392/EEC (September 21, 1996). According to Article 70 of Legislative Decree 81/08, such equipment must conform to the safety criteria specified in Annex V. While employers may consult authorized professionals for detailed safety checks, the law does not require official certification to attest compliance. Inspections will focus on a comprehensive risk assessment and adherence to the safety standards in Annex V.
Guidelines for Machines Without Original Instruction Manuals
An important clarification was made for machines distributed before Directive DPR 459/1996 came into force. When the original instruction manual is not available from the manufacturer, employers must prepare alternative documents, such as technical sheets or operational procedures. These documents must provide workers with essential safety instructions and guidelines for proper machine use, ensuring compliance with Annex V of Legislative Decree 81/08.
Clearer Rules for Penalties
Finally, the INL highlighted how penalties will be handled for breaches related to multiple safety precepts. Only one penalty will be issued for violations within the same category, but breaches in different categories will incur individual fines. This clarification aims to streamline penalty processes while ensuring fairness and compliance.
A Call to Improve Safety Standards
These updates from the INL and Conference of Regions underscore the importance of maintaining workplace safety standards while addressing practical challenges for compliance with legislative requirements. Employers should review current safety procedures and documentation to ensure conformity with these clarified regulations.
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