Costs and benefits of the application of European Safety and Health Standards in SMEs (1997)
The entry into force of DDL 626/94 means completing a formal adaptation of the Italian safety model to the European one. Moreover, it involves issues the competitiveness of our production compared to foreign ones. This report aims to provide the key to understanding the accident phenomenon in Italy in the decade 1985-1994, which can also be used for future analyses. The work has been structured in four parts: the first, divided into six chapters, is devoted to analysing the trend of accidents at work and occupational diseases in Italy. The second is split into three chapters and compares Italy with three European countries (France, Germany and Great Britain) over 1981-1993. The third part concerns the identification of the path followed by the legislative interventions and the fundamental theories that inspired them, together with a comparative analysis of the legislation in force in the main EU countries. Finally, the fourth part consists of a collection of the opinions of some of the essential figures capable of outlining a complete picture of the factors that contribute to – or limit – the application of 626. The report ends with a statistical appendix in which the data analysed in the previous chapters are set out in a more extensive and comprehensive form.
Index
Contents
Volume I
Introduction
Part One: Italy
Methodological premise
Data
INAIL’s survey methodology
The data collection methodology
The quantities representing the accident phenomenon
The dynamics of the accident phenomenon from 1985 to 1994: socio-economic aspects
Accidents by the economic sector
Agriculture
Services
Industry
Government sector data
Analysis by industry group
Manufacturing activity
Construction
Energy
Mining and quarrying
Transport
Occupational diseases
Sectoral comparisons
Types of illness in industry and services
The territorial distribution of accidents
Territorial analysis by production sectors
The regions: accident figures
Final remarks
Part Two: The main European countries
Preface
Welfare and employment protection in Europe
European models of social protection
European models of labour protection
The Italian System
The French System
The German system
Accident trends and comparison: four countries in comparison
Data characteristics
Quantitative analysis
Statistical appendix
Volume II
Part Three: The legal framework
International sources on safety at work. The Community framework before Directive 89/391
Safety at work international sources
The ILO Conventions
The other international sources: The European Social Charter
Community sources before directive 89/391. European social policy and occupational safety programmes
Safety at work and Community sources. The genesis of directive 89/391 and its content.
The EEC policy line on safety at work
The origin of Directive 89/391. The opinion of the Economic and Social Council
The content of Directive 89/391
The employer’s obligations: outline of the main provisions of Directive 89/391
The obligations that are foreseen for workers
The Italian constitutional and regulatory sources on safety at work. Legislation and regulatory apparatus before the enactment of Legislative Decree 626/1994
Introduction
The legal definition of an accident at work in the Italian legal system
The constitutional sources: art. 32, 38 and 41 Cost.
Article 2087 of the Civil Code
The Workers’ Statute: the prescription of art. 9
The genesis of the Italian legislation before the Legislative Decree 626/199
Legislative Decree no. 626 of 19/9/1994. Principles, the content of general rules, areas of application
Generalities
The scope of application of Legislative Decree 626/1994. The subjects and parts of the legislation
Content of the safety obligation according to the provisions of Legislative Decree 626/1994
The obligations for employers
The obligations for workers
Prevention and protection service
Fires, collective emergencies and first aid
The competent doctor
Worker participation and consultation: the workers’ safety representative
Machinery and work equipment
Provisions on individual protection equipment
Sanctions
Legislative Decree no. 626 of 19/9/1994. Special rules on prevention and safety at work
Work safety rules for activities involving the handling of loads
Workers at video terminals
Protection from carcinogenic agents
Protection from biological agents
Standards for public administration
The provisions of the annexes. General remarks
Part four: In-depth interviews
Introduction
Methodological framework
Introduction for the reader
Bibliography