Last Updated on July 23, 2024
Legislative Decree no. 103 of 12 July 2024 has been published, which contains provisions aimed at ‘simplifying controls on economic activities’ and promoting a more favourable economic environment for development and growth.
From an objective point of view, the new rules apply to ‘controls’ defined as activities of an administrative nature, however denominated, carried out by the Public Administrations to verify compliance with rules put in place to protect a public interest, including those relating to work, health and safety, by operators carrying out an economic activity. These expressly exclude, however, tax and anti-mafia inspections, economic and financial police inspections, and inspections ordered for national security and defence requirements.
The most significant provisions include the introduction of:
- a risk assessment system whereby companies can voluntarily obtain the issue of a so-called ‘low risk’ certification report from accredited certification bodies, subject to verification of compliance with technical standards and reference practices to be drawn up by the Italian National Body (UNI). Certification may cover the following areas: a) environmental protection; b) public health and hygiene; c) public safety; d) protection of public faith; e) worker safety. Companies in possession of a Low risk report will be subject to audit no more than once a year;
- a mechanism exempting companies from inspections for the 10 months following an initial inspection with a positive outcome;
- the possibility, if minor violations are uncovered for the first time in a five-year period (i.e. incurring a fine not exceeding a maximum of 5,000 euros), to correct them within the 20 days following the warning by the certifying body;
- the exclusion of the company’s liability if the violation was due to an error not caused by fault (so-called excusable error).
The mechanisms of exemption and/or limitation of controls do not apply to violations in the field of safety at work.
The new provisions are an important step towards the valorisation of companies that, through their operations, also in compliance with ESG (Environment, Social, Governance) principles, intend to pursue goals such as protection of the environment, respect for human and social rights and transparency in their administration and governance.
Toffoletto De Luca Tamajo is at your disposal for any support or clarification you may need.
For further information: comunicazione@toffolettodeluca.it
