Member Article

On April 24, 2020, the Protocol signed on March 14 2020 (the “H&S Protocol”), providing for the measures to be complied with by employers to continue the activity while ensuring the maximum degree of protection for the employees, has been amended.

The amendments encompass all the sections of the H&S Protocol. The compliance with the H&S Protocol, as amended on April 24, 2020, is expressly provided by the Prime Minister’s Decree (DPCM) issued on April 26, 2020, clarifying that failure to comply with the H&S Protocol will result in the suspension of the activity until the safety conditions are restored. Inspectors will be employed to verify the compliance with the H&S Protocol by those companies whose activity is not suspended and, in this connection, new guidelines applicable during inspections, and consistent with the amended H&S Protocol, will be likely issued in the next days.

Such Protocol was enacted upon recommendation of the Italian Prime Minister, the Minister of Economy, the Minister of Labour and Social Policy, the Minister of Economic Development and the Minister of Health, who had promoted an agreement between the social parties to implement the measures set out in article 1, paragraph 1, number 9), of the Prime Minister’s Decree of 11 March 2020, which - in relation to professional and manufacturing activities - recommends agreements on safety rules between employers’ organizations and unions.

The Government favours, and will put in place all endeavours from its side to ensure, the full implementation of the Protocol.

Please note that the DPCM issued on April 26, 2020 expressly requires also the compliance, in the relevant sectors, with the Protocols regulating the measures to contrast and contain the spread of the COVID-19 in the construction sector (Exhibit 7 to the DPCM) and in the transportation and logistics sectors (Exhibit 8 to the DPCM).

Click here to read the H&S Protocol as amended on April 24, 2020. The amendments are highlighted in red.