Changes in technical safety and occupational health issues with the new Law

NEW

The safety technician records the written instructions in a special company book, which is kept electronically in the Integrated Information System of the Labor Inspectorate. (OPS-SEPE). The employer is obliged to responsibly declare that he has taken note of the instructions recorded in this book.

With the recent law L.5239/2025,entitled "Fair Work for All: Simplification of Legislation - Support for the Employee - Protection in Practice - Pension arrangements and other provisions", changes were made to the issues of the occupational physician and the occupational technician,as they were in force until recently.

Safety technician

Specifically, article 30 codified article 502 of the Labor Law Code (P.D.62/2025) and, among other things, reduced the maximum number of employees in a company up to whom the employer himself can perform safety technician duties, from fifty (50),which was in force until recently, to twenty (20),after of course following the appropriate training program, and thus article 502 of P.D.62/2025 has been formulated as follows:

"Article 502

Required level of knowledge of a safety technician

1. In enterprises, operations and operations of category A of article 500, and in those of category B of the same article, which employ six hundred and fifty (650) persons or more, the safety technician must have the qualifications of paragraph a) or b) of paragraph 1 of article 501.

If there is an obligation to employ a second safety technician, to complete the minimum required period of employment, in accordance with article 511, he may have the qualifications of paragraph c) of paragraph 1 of article 501.

2. In the remaining enterprises, operations and operations of category B and category C, the safety technician must have the qualifications of paragraph a) or b) or c) of paragraph 1 of article 501.

3. If there is an obligation to employ more than two (2) safety technicians, to complete the minimum required period of employment, in accordance with article 511, those beyond the second may have the qualifications of the fourth paragraph of paragraph 1 of article 501.

4. Without prejudice to more specific or more binding provisions, the employer has the obligation to use the services of a safety technician in accordance with the provisions of the following cases and the other relevant provisions of this Part:

a) In enterprises employing up to fifty (50) employees and falling under category A, as defined in article 500, the employer is obliged to use the services of a safety technician who has the qualifications of paragraph a) or b) or c) of paragraph 1 of article 501.

b) In enterprises employing up to twenty (20) employees and falling under category B, as defined in article 500, the employer is obliged to comply with the requirements of paragraph a). However, with regard to the safety technician, he may assign these duties to employees with the qualifications of paragraph d) of paragraph 1 of article 501, provided that they are employed full-time in the enterprise. In this case, the employer is obliged to train this employee, as specifically defined in article 512.

c) In enterprises employing up to twenty (20) employees In enterprises employing up to twenty (20) employees and falling under category C, as defined in article 500, the employer is obliged to comply with the requirements of paragraph b). However, he may himself undertake the obligations arising from this case if he is appropriately trained, in accordance with article 512.

5. In enterprises falling under categories B and C of article 500 and employing up to twenty (20) employees,the employer himself is allowed to assume the obligations of the safety technician in his enterprise, as provided for in this Part and in the presidential decrees issued under the authorization of the provisions of this Part, provided that he has the qualifications of paragraphs a) or b) or c) of paragraph 1 of article 501 and one of the safety technician specialties, which according to article 503 are provided for the sector of economic activity to which his enterprise belongs. In the case of the above enterprises falling under category B' and employing up to twenty (20) employees, if the employer has the qualifications of paragraph a) or b) or c) of paragraph 1 of article 501 and one of the safety technician specialties, which according to article 503 is not provided for the sector of economic activity to which his enterprise belongs, he is allowed to assume the obligations of the safety technician in his enterprise, provided that he has received appropriate training of at least thirty-five (35) hours, in accordance with article 512.

6. In enterprises falling under category B' of article 500 and employing up to five (5) employees,the employer is allowed to assume the obligations of the safety technician in his enterprise, provided that he has received appropriate training of at least thirty-five (35) hours in accordance with article 512 and provided that he holds a Vocational High School specialty title (EPAL) or a Higher Vocational Training School (SAEK) or an equivalent qualification from a domestic or foreign or other recognized technical vocational school and the subject of his studies is related to the activity of his business or he has a license to practice a technical profession as an expert craftsman and the subject of his license is related to the activity of his business or he has proven to have been practicing the economic activity for ten years or more for which he will assume the obligations of a safety technician.

7. In the enterprises of the second paragraph of paragraph 5 and in the enterprises of paragraph 6 where the employer himself undertakes the obligations of the safety technician, he has the obligation to assign the preparation of the written risk assessment provided for in paragraph 1 of article 534 to persons who have the qualifications of paragraphs a) or b) or c) of paragraph 1 of article 501 and one of the safety technician specialties provided for in article 503 for the sector of economic activity to which his enterprise belongs.

Changes were made with article 32 of the same law, in article 504 of the Labor Law Code, and in the section on the advisory responsibilities of the safety technicianand specifically it is stipulated that:

1. The safety technician provides the employer with written instructions and adviceon issues related to the health and safety of employees and the prevention of occupational accidents, taking into account the needs of employees with disabilities and chronic diseases. The safety technician records the written instructions in a special company book, which is kept electronically in the Integrated Information System of the Labor Inspectorate. (OPS-SEPE). The employer is obliged to responsibly declare that he has taken note of the instructions recorded in this book.

2. In particular, the safety technician:

a) Advises on matters of design, planning, construction and maintenance of facilities, introduction of new production processes, supply of means and equipment, selection and control of the effectiveness of personal protective equipment, as well as configuration and arrangement of positions and the work environment and generally organization of the production process.

b) Checks the safety of facilities and technical means,before their operation, as well as of production processes and work methods before their implementation and supervises, during his presence at the workplace, the implementation of health and safety measures for employees and accident prevention, informing the relevant department heads or the management of the company.