Reforms

Safety at work: adherence to models limits penalties

Ministry of Justice proposals ready. The application of standards in the Testo Unico anchors liability to gross negligence

by Giovanni Negri

17 May 2026

4' min read

Translated by AI

Versione italiana

4' min read

Translated by AI

Versione italiana

More objective criteria for assessing the responsibility of the entrepreneur, concentrated on cases of wilful misconduct and gross negligence; obligation to listen to the offended person by the public prosecutor within three days of being entered in the register of suspects; centrality of the figure of the person in charge of the prevention and protection service. The reform of safety at work is gaining momentum: the commission of the Ministry of Justice, led by Deputy Minister Francesco Paolo Sisto, has concluded its work, presenting a highly articulated text with a plurality of proposals concerning both the Criminal Code, the Code of Criminal Procedure, and the Consolidation Act.

The planned route

Sisto himself has mandated to verify the consensus in Parliament on two proxy laws, the one to rewrite decree 231, already finalised months ago and on Minister Nordio's desk, and the current one to rewrite the criminal labour protection regulations. On the delegation criteria, Sisto reminds us, Parliament will have the widest room for manoeuvre and as for the final outcome, the delegations, if shared, could also be implemented, as already happened for instance in the field of justice on the corrective measures to the Cartabia reform of the procedural codes, in the following legislature.

Premium for virtuous enterprises

On the merits, the proposals put forward aim not only to increase the effectiveness of the repression of criminal offences, through a slight but significant increase in the penalties provided for manslaughter (minimum two years and six months maximum eight years, so far ranging between two and seven years) and culpable injuries aggravated by the violation of prevention rules and the introduction of new offences in the Consolidated Law, but above all to encourage a widespread culture of safety, rewarding virtuous companies and promoting responsible organisational behaviour.

Gross Negligence Sanctioned

Central to this is the new rule (Article 590 septies) placed in the Criminal Code that limits the employer's liability to cases of gross negligence only, when an organisation and management model consistent with the provisions of the Consolidation Act has been adopted. The measure, it is explained, aims 'to incentivise the implementation of safety management systems through a reward system, establishing objective criteria for assessing the seriousness of the fault'.

The determining criteria

These criteria include the nature of the activity performed, specific knowledge of the risk, and the possession of specific certifications by the company. The regulatory benefit is, however, conditional on strict compliance with fundamental obligations that are considered inalienable: the appointment of the competent doctor and of the person in charge of the prevention and protection service (Rspp), the preparation of the Risk Assessment Document (Dvr), the provision of Personal Protective Equipment (PPE), and the effective provision of adequate training and information to workers.

The breach of even one of these obligations automatically leads to the qualification of gross negligence, irrespective of the existence of the organisational model.

Accelerated criminal proceedings

With regard to the Code of Criminal Procedure, the three amendments indicated are inspired by the already existing 'code red' model. The first intervention includes offences against safety at work among those for which the public prosecutor must take information from the offended person within three days of the registration of the crime. The system of procedural acceleration for these offences is then refined, also requiring the judicial police to proceed without delay in carrying out the acts delegated by the public prosecutor.

More guarantees for victims

The procedural guarantees for victims of occupational safety offences were then strengthened by providing for automatic notification of the notice of dismissal to the offended person and raising the time limit for opposition from twenty to thirty days, in view of the technical complexity of these proceedings.

The centrality of the Rspp

As regards the Consolidated Safety Act, crucial is the recognition of the RSpp as a subject with exclusive technical competences and operational autonomy, with a series of amendments to Legislative Decree No. 81 of 2008. The employer retains the obligation to supervise the work of the safety manager, but his liability for inadequate risk assessment is limited to cases of violation of his organisational duties.

The main innovations concern the entrepreneur's obligation to guarantee adequate financial resources, determined according to a formalised procedure, and to ensure the operational autonomy of the RSP. Minimum numerical parameters for the composition of the service, graduated according to the size of the enterprise, are also established.

The envisaged sanctions

The new sanction structure introduces specific penalties for violations of the obligations of the RSPP (arrest from three to six months, fine up to EUR 9,112), equating him with the competent doctor in terms of subjective liability, and expands the sanctions for employers who fail to fulfil their organisational obligations.

The stated aim is to overcome the current automatic responsibility burden on the employer, creating a more effective prevention system based on technical specialisation and a balanced distribution of responsibilities among the actors of the prevention system.