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

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

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.

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.