Regulatory changes have taken effect in recent years in the area of safety and prevention at work, dealing with aspects related to the further risk of inappropriate behaviour including the consumption of alcohol.
The Legislature has introduced a prohibition on the consumption and supply of alcoholic beverages in the context of working activities that involve a high risk of occupational accidents, including the possibility of testing workers for alcohol content and has also – in the context of health surveillance – made provision for testing the absence of alcohol dependency and the ingestion of psychotropic and narcotic substances.
APPLICABLE REGULATORY PROVISIONS:
Law 125/2001 – Framework Law on alcohol and alcohol-related problems
Introduction of a prohibition on consuming and supplying alcoholic beverages and spirits in the context of working activities that involve a high risk of occupational accidents or that pose risks to the health or safety of third parties, and provision for the alcohol content testing of workers by the company doctor or by occupational physicians attached to the workplace safety and prevention services of the Local Health Authority (ASL) (art. 15)
Ruling 16/3/2006 of the “State-Regions Conference (CSR)”
Identification of working activities that involve a high risk of occupational accidents or that pose risks to the safety or health of third parties (art. 15 of Law 125/2001)
Legislative Decree 81/2008 and Legislative Decree 106/2009 – the “Consolidation Act on safety in the workplace” Obligation to assess all risks. Health surveillance also aimed at assessing the absence of alcohol dependence and the use of psychotropic substances. The same Decree provides, furthermore, that the employer should adopt measures for prevention and for the safety of workers, also in relation more specifically to the risk associated with alcohol consumption, and requires workers to comply with the same.
Operators who are engaged in the hazardous activities indicated in the State-Regions Conference agreement of 16.3.2006 (list provided below) are forbidden from consuming alcohol also prior to work or during meal breaks, as the presence of alcohol in the blood contributes to the risk of occupational accidents or adversely effects the health of third parties.
This prohibition also applies to operators who are on call and who are involved in the activities aforementioned.
Contact C.D.S. at 030.24.29.612 for more specific advice on the topic.
