Soluzioni volontarie e misure necessarie a dieci anni dal d.lgs. n. 81/2008

The essay examines the “good practices” regulated by the Legislative Decree n. 81/2008 and aimed to promote health and safety at work through the reduction of risks and the improvement of working conditions. After ten years of the entry into force of the Decree n. 81, the focus is, in particular, on the dissemination of these tools, on the precise interpretation of the legislative definition and on the implications, from the legal point of view, of the validation by the Permanent Consultative Commission. Among the problematic aspects of this issue, the reflection concerns, moreover, the value of the “power of disposal” exercised by the supervisory bodies (art. 302-bis), in consideration that there is no explicit sanction for the possible infringement of the provision by the employer. The final considerations are devoted to the legal implications linked to the omission and the subsequent disposal of such good practices, ie to the delicate profile of the employer’s responsibility.