ITALY
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
In Italy, the National institute for Insurance of Injuries at Work (INAIL) Circular n. 13 of April 3rd, 2020 and the Law Decree of March 17th, 2020, n. 18 (article 42) have been issued. The INAIL Circular n. 13 establish that COVID-19 infections, which occurred in workplaces or caused by work activity, are protected as accidents at work. Article 42, paragraph 2, of the Law Decree of March 17th, 2020, n. 18 establishes that a competent physician draws up the usual medical certificate and sends it with an online communication to INAIL, if COVID-19 is confirmed, and it occurred at work. According to the current provisions, INAIL ensures the protection of the worker injured.
For information on enhancement measures of the National Health Service and economic support for families, workers and businesses visit: https://www.gazzettaufficiale.it/eli/id/2020/03/17/20G00034/sg
https://www.inail.it/cs/internet/docs/circolare-13-del-3-aprile-2020-testo.pdf
2. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
The shared protocol with measures to counter and to contain the spread of the COVID-19 virus in workplaces (March 14th, 2020 - integrated on 24th, April 2020) establishes that the admission in the company of workers, who have already tested positive for COVID-19 infection, must be preceded by a prior communication concerning the medical certification which exhibits the test’s proven negativization according to the methods provided and issued by the prevention department of territorial jurisdiction. The same Protocol lays down that, after the presentation of the medical certification, the competent physician carries out the medical examination before the work resumption, in order to verify the workers’ fitness.
As an example, below are listed the FAQs (Frequently Asked Questions) issued by The Health and Safety Local Body (ATS) of Bergamo with the answers to the most frequently asked questions about workers with or without COVID-19 and the measures must be implemented in the following cases:
Procedure in case of workers who was absent because they had a COVID-19 infection confirmed by a swab test: Once workers was discharged from the hospital, they must remain in home isolation (quarantine) for 14 days. During this period, these workers are monitored by ATS-DIPS [Health and Safety Local Body (ATS) - Hygiene and Health Prevention Department (DIPS)] operators and by a general physician. The healing is certified when these workers have no symptoms for 14 days. Suddenly, they are subjected to two tests, which must be carried out 24 hours from each other, and both of them must be negative. The "healing" certificate is delivered to the subject only when the results of the two tests are negative. Workers with the healing certificate can return to work;
Procedure in case of workers who was absent because they had a suspected COVID-19 respiratory disease (e.g. pneumonia) or symptoms which can be attribute to COVID-19 or they had a COVID-19 disease confirmed only by a X-ray: these workers are not followed by the ATS. They are followed by their attending physician, who issues the medical certificate for the INPS. Therefore, the attending physician establishes the healing of the workers on clinical basis or when the clinical symptomatology is over.
These FAQs are not a national regulation, but they are very important because they are drawn up by the ATS of Bergamo, one of the most affected Italian provinces by the COVID-19.
3. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
There are guidelines for the public and for businesses. Currently, the regulations in force are:
i. The DPCM (Decree of the President of the Ministers’ Council) of May, 17th 2020. This decree contains measures to counter and to contain the spread of the COVID-19. The provisions are in force from May, 18th 2020 until June, 14th 2020 and they are for the public and for businesses.
ii. The shared protocol with measures to counter and to contain the spread of the COVID-19 in workplaces (March 14th, 2020 - integrated on April, 24th, 2020).
iii. https://www.gazzettaufficiale.it/eli/id/2020/05/17/20A02717/sg
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
The Law Decree of March 17th, 2020, n. 18 has been issued by the President of the Republic (mandatory).
The INAIL Circular n. 13 of April 3rd, 2020 has been issued by INAIL, the National Institute for the Insurance Against Injuries at Work (mandatory).
The FAQs have been issued by the ATS of Bergamo (health indications).
The Decree of the President of the Ministers’ Council (DPCM) of April 10th, 2020 has been issued by the President of the Council of Ministers; (mandatory).
The shared protocol with measures to counter and to contain the spread of the COVID-19 virus in workplaces (March 14th, 2020). It has been issued and signed by invitation of the Prime Minister, the Minister of Economy, the Labour and Social Affairs Minister, the Minister for Economic Development and the Health Minister (mandatory).
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
If the measures to counter and to contain the spread of the COVID-19 are not respected, there are the following fines:
In general, anyone who violates the measures to contain the epidemic will have an administrative fine (from 400€ to 3,000€).
If the violation occurs with the use of a vehicle, the fines can reach up to 4,000€.
The violations provided for public exercises, sports, leisure or entertainment activities, business or professional and commercial activities may cause the immediate suspension of the activity up to 30 days.
If the violations are reiterated, the fines are doubled (therefore, from 800€ to 6000€, or 8,000€ if the violations are committed with the use of a vehicle), while the additional fine is applied with the maximum extent.
If you were affected by COVID-19 and you do not respect the quarantine, you are punished with criminal fines: imprisonment from 3 to 18 months and payment of a fine from 500€ to 5000€, without oblation
If your behaviour violates the containment measures and this behavior can cause a death, you will be punished with a criminal fine related to this crime. For example, if you were affected by COVID-19 and you violate the quarantine and spread the disease, you can be reported for serious crimes (epidemic, murder, injury) and punished with severe penalties, even a life sentence.
For more informtaion about laws and regulations visit: www.governo.it/it/faq-iorestoacas
6. Has your country adopted any laws or regulations related to COVID-19?
DPCM of April 10th, 2020
Ordinance of the Health Minister in coordination with the Minister of Infrastructure and Transport of March 28th, 2020
Law Decree of March 25th, 2020, n. 19
Ordinance of the Health Minister of March 20th, 2020
Law Decree of March 17th, 2020, n. 18
Shared protocol with measures to counter and to contain the spread of the COVID-19 virus in workplaces (March 14th, 2020)
Law Decree of February 23rd, 2020, n. 6
Circular n. 5443 of February 22nd, 2020
Decision of the Council of Ministers of January 31st, 2020
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
