Obligation of safety training by the employer

Mandatory training by the employer

Every employer, in any sector, has the obligation to guarantee workplace safety training to its employees. In particular, the Legislative decree no. 81/2008or the Consolidated Law on health and safety at work, establishes that the employer must guarantee its employees adequate training on health and safety, with particular reference to the work activities carried out and the risks associated with them. It constitutes one of the main safety measures for the prevention of accidents at work.

When training should be given

The training must be given within 60 days of hiring the new employee, who is often inexperienced, and subsequently in the event of transfer or change of duties. Training must be updated whenever new technologies or new equipment are introduced that lead to the emergence of new risks, or if significant changes occur in work activities. Training takes place through mandatory workplace safety courses and through the support of an expert worker, who assists him during work activities, illustrating the correct working methods and operating procedures/instructions in force in the company. In some cases, training can also be carried out via e-learning, through online lessons and courses.
Consequently, the employer must ensure that its workers and collaborators are always updated and informed about the specific risks of their working environment and that they are trained on the correct use of equipment and personal protective equipment (PPE). This logic must also be applied whenever new regulations or guidelines regarding health and safety at work are introduced.

Provide appropriate safety training

Training must be provided in an adequate and timely manner, based on the specific needs of the work context, taking into account the level of education and skills of the employees. It must also be effective, therefore it must be based on a suitable teaching methodology and content appropriate to the type of work carried out. It follows that it is the employer’s responsibility to constantly evaluate the effectiveness of the training provided and to make any improvements.

Failure to train: the sanction is triggered

In case of violations or failures by the employer regarding safety training, administrative and criminal sanctions may be incurred.
In particular, Legislative Decree no. 231/2001 provides for the administrative liability of companies in the event of crimes committed by employees or collaborators in the interest or to the advantage of the company itself. In the case of failure to train on safety at work, this could lead to the application of financial penalties, the suspension or revocation of authorisations, concessions or licenses, the confiscation of assets used for the crime or the closure of the business.
Furthermore, the employer could be criminally liable in the event of injury or death of the employee, caused by inadequate or non-existent training. In this case, the crime of manslaughter or negligent injury could be committed. Finally, failure to comply with training obligations regarding safety at work could lead to the application of administrative sanctions and penalties by INAIL (National Institute for Insurance against Accidents at Work), which has the task of ensuring compliance with regulations on health and safety at work.

Sometimes, however, training, however adequate and constantly updated, is not sufficient to prevent or avoid dangers. The unexpected lurks around the corner and for this reason it is good practice to take out an ad hoc insurance policy to protect yourself and your business, your employees and also your customers.

THE Lokky Civil Liability Coverage pursues the objective of covering the insured against all risks deriving from negligent, imprudent or culpable behavior that damages something or someone. Furthermore, it includes third-party liability as a primary guarantee, aimed at protecting the insured’s assets in the event of compensation due to third parties. It is often important to also include Collaborators’ TPL coverage, if the compensation requests concern the injury of one of your collaborators. The coverage can be further customized by choosing from numerous additional guarantees such as Damage to Property and Contentsto protect the premises where the work activity takes place and its contents (goods, furniture, equipment).