Safety and Health in Construction Convention, 1988 (No. 167) - Italy (Ratification: 2003)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Italian General Confederation of Labour (CGIL), communicated by the Government together with its reply, and received on 20 November 2015.

Article 3 of the Convention. Consultations with the social partners. The Committee notes the information provided by the Government in its report, in reply to its previous request, concerning the effect given to this Article. In this regard, the Committee notes that the tripartite Standing Advisory Commission on Occupational Safety and Health meets regularly to debate key issues in the area of health and safety and to discuss specific topics that occasionally acquire special importance, such as the training and updating the knowledge of external consultants and employees specialized in prevention and protection services.

Article 15(2). Lifting appliances. The Committee also notes the information provided by the Government in reply to its previous request regarding the exceptional cases in which workers can be lifted using equipment not specifically designed for this purpose and the safety measures that must be taken in such cases.

Article 35(b). Appropriate inspection. The Committee notes that in its observations the CGIL indicates that the number of enterprises inspected decreased by 27 per cent between 2009 and 2014, and that less than 7 per cent of active enterprises are inspected in a year. The Committee notes that in its reply the Government indicates that the number of inspections conducted between 2012 and 2014 remained stable. It also notes that, according to the detailed information provided in the Government’s report, the number of construction firms inspected, disaggregated by region, fell from 82,727 in 2011 to 78,456 in 2013, and the number of construction sites from 54,683 in 2011 to 51,636 in 2013. The Committee also notes the indication by the CGIL that the “patente a punti” points system for licences should be instituted and be considered in the system for approved enterprises, and that enterprises in compliance with safety legislation should be rewarded. In its reply, the Government indicates that the “patente a punti” system for the verification of the compliance of enterprises and self-employed workers with safety measures in the workplace has not yet been implemented. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the appropriate inspection of workplaces in the construction sector. It also requests the Government to provide information on the implementation of the “patente a punti” verification system.

Application in practice. The Committee notes the information provided by the Government on the percentage of construction sites which were found to be in contravention, disaggregated by region, and in particular the region of Campania, where 67 per cent of sites were found to be in contravention in 2013. Furthermore, the Committee notes the statistical information provided by the National Employment Accident Insurance Institute (INAIL) on accidents in construction between 2009 and 2013, disaggregated by geographical location and by type of consequence. It notes in particular that the number of accidents fell from 71,754 in 2009 to 38,266 in 2013, that the number of fatalities fell from 223 to 113 in the same period, and that the number of recognized occupational diseases increased from 2,356 cases in 2010 to 2,915 in 2013. In this regard, the Committee notes the allegation of the CGIL that a critical analysis of the data provided by the INAIL and the special construction funds demonstrates that the data on the occurrence of accidents in the construction sector, including fatal accidents, only partially reflects reality and does not mirror the profound ongoing crisis, and that the criteria for enabling a comparative analysis of data should therefore be the amount of hours worked, rather than the number of workers. The Committee also notes the indication by the CGIL in its observations, that the common practice of disguised self-employed construction workers through VAT identification must be resolved. In its reply, the Government indicates that this practice is countered by section 1(26) of Act No. 92/2012 on the reform of Italian employment law, which establishes the presumption of a subordinate employment relationship if the contract between the client and the self-employed worker has two of the three listed characteristics. The Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number, nature and causes of occupational accidents and diseases reported. It also requests the Government to provide its comments on the observations made by the CGIL regarding the analysis of data on accidents in the construction sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Consultation with the social partners. With reference to its previous comments, the Committee notes that consultations are held in the Standing Advisory Commission on Occupational Safety and Health. The Committee requests the Government to provide more detailed information on the consultation machinery and the consultations held during the period covered by the next report, with an indication of the matters submitted for consultation and the outcome of such consultations.

Article 9. Obligations of those responsible for design in the field of occupational safety and health. Articles 15 to 20, 22, 23 and 26. Protection and prevention measures. Article 28(4). Disposal of waste on the construction site in a manner which is safe and environmentally friendly. The Committee notes with interest the detailed information provided by the Government, including on the specific provisions of Legislative Decree No. 81 of 9 April 2008, the single text on the protection of health and safety at work (TULS), giving effect to the above Articles.

Article 15(2). Lifting appliances. Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee notes that the TULS sets forth the principle that “no persons shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose” and that, subject to certain precautions, under the terms of paragraph 3.1.4 of Annex VI of the TULS, it is permitted not to apply that principle “in exceptional cases”. Noting that Article 15(2) allows an exception only in “an emergency situation in which serious personal injury or fatality may occur”, the Committee requests the Government to provide information on the concept of “exceptional cases” used in the above paragraph of the TULS.

Part VI of the report form. Application of the Convention in practice. The Committee notes that, under the terms of section 18(f) of the TULS, employers are required to notify by electronic means, within 48 hours of the receipt of the medical certificate, accidents which result in absence from work of at least one day. This notification is essentially made to the National Employment Accident Insurance Institute (INAIL) and the Maritime Welfare Institute (IPSEMA). The respective information is included in the national information system. Supervision of implementation in relation to occupational safety and health is carried out through Health Offices (ASL), and more particularly the Working Environment Prevention and Safety Services (PSAL), as envisaged in section 13 of the TULS. The Government indicates that subsection 2 of section 13 makes the Ministry of Labour responsible for the inspection of sectors considered to be “at high risk”, which include certain construction activities, in coordination with other bodies indicated in sections 5 and 7 of the TULS. Moreover, within the context of the Workplace Safety Pact of 2007, other action is envisaged, such as the improvement of electronic information systems. The Government adds that Legislative Decree No. 758/94 introduced a procedure known as “prescription”, which envisages the classification of penal procedures and the reduction of fines, in the case of certain OSH violations, if the remedial measures are implemented within the time limits established by the authority, which are limited to the time that is technically necessary to make such changes. The Committee notes with interest that, according to the statistics provided in the report (INAIL: Il bilancio infortunistico 2009), the number of accidents in the construction sector fell from 93,546 in 2008 to 78,436 in 2009, which indicates a decrease of 16.2 per cent. The Committee requests the Government to continue providing information on the application of the Convention in practice, including on trends concerning accidents in the sector, with a view to ascertaining whether this decrease continues, and to provide indications of the measures which resulted in this decrease. The Committee also requests the Government to indicate whether data on occupational accidents and diseases in construction are currently centralized at the national level, and to provide information on the principle causes of accidents in the sector, and on the measures adopted or proposed in that respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its first report, including legislative texts. The Committee requests the Government to provide further information on the following points.

2. Article 3 of the Convention. Consultation with social partners. The Committee notes the information contained in the Government’s report that the social partners were consulted, by obtaining opinions and observations at the outset on the content of draft texts, during the preparation of various legislative texts covering the occupational safety and health (OSH) in construction subjects, in particular during the preparation of Legislative Decree No. 626/94 and Legislative Decree No. 494/96. However, the Government’s report does not indicate whether the consultation with social partners are based on formal and standardized arrangements, or on ad hoc arrangements. The Committee accordingly requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted.

3. Article 9. Designers’ obligations in the OSH sphere. The Committee notes the Government’s information contained in its report according to which articles 3 and 4 of Legislative Decree No. 494/96 establish respectively the responsibilities of the client or the person responsible for the works, the safety coordinator both at the planning stage of the work and at the construction site. However, the Government does not specify whether national laws, regulations and practice provide that for example architects, landscapers, etc., shall take into account the safety and health of construction workers when designing construction projects. The Committee accordingly requests the Government to provide further information whether designers of construction projects, such as architects and landscapers are required to take into account the safety and health of construction workers when designing construction projects.

4. Articles 15– 20, 22, 23 and 26. Protective and preventive measures. The Committee notes that the information in the Government’s report refers to provisions dealing with measures of general nature concerning lifting appliances and gear (Article 15), transport, earthmoving and material-handling equipment (Article 16), plant, machinery, equipment and hand tools (Article 17), work at heights, including roof work (Article 18), excavations, shafts, earthworks, underground works and tunnel (Article 19), cofferdams and caissons (Article 20), structural frames and formwork (Article 22), work over water (Article 23), and electricity (Article 26). Taking into account that such general measures cannot be considered sufficient to ensure the workers’ safety and health in the construction, the Committee requests the Government to indicate the specific measures and provisions giving effect to these Articles of the Convention.

5. Article 28, paragraph 4. Disposal of waste at the construction site in a safe and environmentally sound manner. The Committee notes that the Government’s report is silent on the measures to be taken with a view to preventing exposure to health risks in connection with the disposal of the waste on the construction site in a safe and environmentally sound manner. The Committee accordingly asks the Government to provide information on measures taken or envisaged given effect to this provision of the Convention.

6. Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation, disaggregated by gender, if possible, and other measures, the number and nature of contraventions reported, etc.