Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Italy

Occupational Cancer Convention, 1974 (No. 139) (Ratification: 1981)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2003)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer) and 167 (OSH in construction) together.

The Committee notes the observations of the Italian General Confederation of Labour (CGIL) and the Italian Union of Labour (UIL) on Convention No. 167 received in 2024 and the reply of the Government thereto.

A. Protection against specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. Establishment of an appropriate system of records. The Committee notes that, in their observations in relation to the application of Convention No. 167, the CGIL and the UIL indicate that: (i) despite the provisions of section 244 of the Legislative Decree No. 81/2008 (Consolidated Safety and Health Law) which mandates the creation of a national register for cases of neoplasms suspected to be of occupational origin, this registry has not been fully established yet; (ii) each Italian region is expected to operate regional centres dedicated to occupational cancers, tasked with cross-referencing hospital discharge records against patients’ occupational histories. However, such centres are currently active in only nine regions; and (iii) the mapping of asbestos-containing products has not yet been completed. The Government indicates that: (i) it is in the process of transposing the Directive (EU) 2023/2668 of the European Parliament and Council of 22 November 2023 amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work; and (ii) the National Insurance Institute for Employment Injuries (INAIL) supports the regions to facilitate the identification of cases of occupational cancers through the integration of health and occupational archives pursuant to section 244 of the Legislative Decree No. 81/2008. The Committee requests the Government to continue to provide information on the measures taken to ensure the establishment of an adequate system of records in relation to the exposure of carcinogenic substances or agents, including asbestos, and to provide information on the progress made in relation to mapping of asbestos products.

Article 5. Medical examinations of workers during the period of employment and thereafter. The Committee notes that, in reply to its previous comment, the Government indicates that according to section 242(6) of the Legislative Decree No. 81/2008 the competent doctor shall provide workers with adequate information on the health surveillance to which they are subject and, where appropriate, shall indicate the need for it to continue even after exposure has ceased, for such period of time as he or she considers necessary to protect the health of the worker concerned. The competent doctor shall also provide the worker with guidance as to the advisability of undergoing medical examinations, even after the cessation of work, on the basis of the worker’s state of health and of developments in scientific knowledge. The Committee takes note of this information, which addresses its previous request.

Application in practice. The Committee notes the Government’s indication that INAIL reported that there were 696 cases of occupational cancer in 2022 and 918 cases of asbestos-related occupational diseases for the same year. As at the end of 2022, a total of 199,915 workers exposed to carcinogens were registered in the Information System on Occupational Exposure to Carcinogens. With reference to its comment above in relation to Article 3 of the Convention, the Committee requests the Government to continue to provide information on the number and causes of occupational cancer registered.

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 6 of Convention No. 167. Co-operation between employers and workers. The Committee notes that, in their observations, the CGIL and the UIL indicate that (i) section 100(4) of Legislative Decree No. 81/2008 – which states that subcontractor employers must make a copy of the safety and coordination plan and operational safety plan available to the workers’ health and safety representative at least ten days before the start of work – is completely disregarded, without any penalties being applied in this respect; (ii) there is limited involvement of the workers’ health and safety representatives and supervisors in the health and safety procedures performed by all parties; and (iii) workers’ health and safety representative “of convenience” are appointed by employers. Their names are then communicated to INAIL and inserted into safety documents without there having been a genuine election by workers and therefore lacking effective representation as a result. In its reply, the Government indicates that: (i) as for the violation of the rule concerning the need to ensure that the employer make a copy of the safety and coordination plan and operational safety plan available to the health and safety representatives at least 10 days before the start of work, in 2024, the National Labour Inspectorate (INL) did not encounter any particular infringement of this provision; and (ii) with regard to the supervisors, their identification is not necessarily conditional on formal appointment by the employer, but is carried out in reference to the actual duties performed (section 299 of Legislative Decree No. 81/2008). This also follows from the provisions of section 28(2)(d) of Legislative Decree No. 81/2008, which states that the risk assessment document must include the procedures for implementing the required measures and the roles that must be in place within the company organization, which must only be assigned to those with the appropriate skills and powers. While taking note of this information, the Committee requests the Government to provide more information on the procedure followed for the appointment of the workers’ health and safety representatives and on the involvement in practice of these representatives and the supervisors on the implementation of OSH measures at the construction site.

Article 8. Cooperation at the construction site. The Committee notes that the CGIL and the UIL indicate in their observations that: (i) the coordination of safety measures on the same site by several companies is becoming more and more difficult due to the increasing length of the subcontracting chain; (ii) the number of accidents and many serious and fatal accidents occur due to the failure to supervise and coordinate the huge number of companies working on sites at the same time; and (iii) since the entry into force of the Legislative Decree No. 36/2023 the limit of one level of subcontracting in public contracts has been removed. In its response, the Government indicates that Law No. 56/2024 adopting Legislative Decree No. 19/2024 covers the obligations of the client or project supervisor where they subcontract work falling within the scope of Title IV of Legislative Decree No. 81/2008. The new section 90(9)(b-bis) of this Decree obliges the client or project supervisor to check that the companies performing the work and/or self-employed workers hold the correct qualification, including in the event of subcontracting. The Government also refers to the provisions of the Legislative Decree No. 81/2008 in relation to the obligations of employers undertaking activities simultaneously at one construction site. The Committee requests the Government to provide information on how it is ensured in practice that whenever employers or self-employed persons undertake activities simultaneously at one construction site, they shall have the duty to cooperate in the application of the prescribed safety and health measures, including in relation to construction sites related to public contracts.

Article 35(b). Appropriate inspection. The Committee notes the Government’s indication that following amendments to Decree-Law No. 146/2021, the powers to perform health and safety inspections in all workplaces have been newly granted to the INL, which exercises those powers in coordination with the related services of the local health authorities. The Government also indicates that Law No. 56/2024 introduced a new system of qualification for companies and self-employed workers wishing to work at temporary and mobile construction sites. As a result, from 1 October 2024, these companies and self-employed workers must hold a suitable qualification, including “patente a crediti” credit licence (formerly known as the “patente a punti”, points system for licences) or a certificate of qualification from a certification body. The Committee notes that, in their observations, the CGIL and the UIL indicate that: (i) verification of requirements for the credit licence is carried out when the application is made but failing to meet one of the requirements at any subsequent stage does not lead to withdrawal or suspension of the licence; (ii) no reference is made to whether documents needed for the licence, such as the risk assessment, are suitable for the activity carried out; and (iii) the licence can be suspended in the event of “serious misconduct” by the responsible parties but the INL is unable to undertake this type of verification. The Committee notes that, in its reply, the Government indicates that: (i) the verification of the credit licence supplements the verification of technical and professional capacity in accordance with the provisions of Annex XVII of Legislative Decree No. 81/2008; (ii) many of the self-declared documents to be provided by the legal representative or self-employed worker when requesting a credit licence are identical to those requested for verification of technical and professional capacity, so they must be valid as a matter of course; and (iii) during inspections, the supervisory bodies check whether or not the declaration made by the company or self-employed worker is true. The Committee requests the Government to continue to provide information on themeasures taken or envisaged to ensure the appropriate inspection of workplaces in the construction sector, including through the enforcement of the requirements of the credit licence system.

Application in practice. The Committee notes the Government’s information concerning the number of inspections carried out in the construction sector. The Committee also notes that in their observations, the CGIL and the UIL indicate that with the economic recovery of the sector, OSH conditions have worsened in many cases, as evidenced by the rise in fatal accidents. The situation is compounded by the irregular working conditions and vulnerability for many categories of worker. The Committee requests the Government to continue to provide 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 action taken as a result, and the number, nature and causes of occupational accidents and diseases reported.