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Rödl & Partner Italy advises LCF Alliance on 95 million financing with Societe Generale and BayernLB |

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Health and Safety at Work

Health and Safety at Work (HSW) is now one of the main areas of responsibility for employers and, at the same time, a strategic lever for competitiveness and corporate sustainability. It is an increasingly central issue, not only for regulatory compliance but also for ESG principles, which assign a key role to the protection of employees and collaborators in corporate sustainability.

Our firm offers comprehensive and integrated advice on HSW, providing highly qualified legal support combined with collaboration with external technical consultants specialised in risk assessment and updating the relevant mandatory documentation.

The regulatory framework, management systems and the ESG profile

Legislative Decree 81/2008 establishes the obligation for employers to carry out a comprehensive and up-to-date risk assessment, involving the relevant company figures, i.e. the company's RSPP (Prevention and Protection Service Manager in Italy), the competent doctor and the RLS (Italian Workers' Safety Representative), and to draw up the Risk Assessment Document (DVR). At the same time, ISO 45001 defines international standards for occupational health and safety management systems, promoting a systematic and continuous approach to the prevention of accidents at work.

The protection of workers' health and safety is also one of the pillars of corporate social responsibility. In the ESG context, the protection of workers' health and safety is, as a matter of fact, an essential element of the social pillar. Solid HSW management not only reduces the organisational, legal and financial risks of any company but also supports transparency, reduces reputational risks, respects people and strengthens organisational structures towards sustainability and virtuous governance.

Our firm is able to assist companies in designing HSW models that comply with ESG standards, ensuring consistency between legal, organisational and sustainability objectives.

Our ongoing collaboration with external technical firms and consulting companies allows our legal team to manage the requirements of Italian Legislative Decree 81/2008, in particular:

the assessment of specific risks and periodic updating of the Risk Assessment Document (DVR), including its sector-specific versions (e.g. chemical risk, manual handling of loads, exposure to noise or VDT, work-related stress);
the preparation of the DUVRI (Single Document on the Risk Assessment of Activities Carried Out by Contractors) in cases of interference between several contractors and clients;
the drafting of operating protocols and emergency plans, including in complex environments (factories, construction sites, logistics);
assistance in the appointment of company figures, such as employer, RSPP (Head of the Prevention and Protection Service), RLS (Workers' Safety Representative), competent doctor;
ESG/HSW audits, gap analysis and due diligence, including from an ESG perspective, compliance with Italian Legislative Decree no. 231/2001, as well as preliminary assessments for extraordinary transactions, tenders and acquisitions (M&A), with an evaluation of latent risks and potential litigation.
Training support: organisation of training for workers, supervisors, RLS and managers, in line with the provisions of Legislative Decree 81/2008 and State-Region agreements;
Litigation and employer liability: civil and criminal assistance in the event of accidents, occupational diseases, exposure to hazardous agents or regulatory violations (including under Legislative Decree No. 231/2001);
Management of trade union relations and contracts relating to health surveillance, shifts, PPE and night work;
Support during inspections or in the event of accidents at work, with the preparation of statements, defence reports and assistance in administrative disputes.

Health and Safety in ESG criteria

The growing focus on ESG issues has led to the protection of workers' health and safety being recognised as a key parameter of the social pillar, as well as an assessable component in sustainability ratings and non-financial reports (Legislative Decree 254/2016).

In line with the most recent developments in labour law and prevention, our firm pays particular attention to the application of so-called soft law rules, which, although not binding, are increasingly recognised by the courts as reference standards pursuant to Articles 15 and 28 of Legislative Decree 81/2008.

Our assistance also extends to:

Support in drafting internal HSW policies consistent with international standards (ISO 45001);
Advice on safety performance indicators to be included in ESG reports or CSRD reporting;
Management of HSW profiles in Organisational Models 231/2001 and in updates to the internal disciplinary system;
Support in assessing emerging risks (climatic, psychosocial, ergonomic), in light of the latest INAIL (Italian Institute for Insurance against Accidents at Work) guidelines and soft law practices;
Implementation of shared guidelines and practices in the sector, including whistleblowing and incident reporting protocols (ISO 37002).

Why choose our firm?

Multidisciplinary team covering labour law, litigation, 231 compliance, corporate and administrative law;
Integrated ESG-HSW approach, designed to ensure operational efficiency and regulatory protection;
Preventive, management and litigation support, including in scenarios of corporate restructuring or staff reorganization;
Ability to liaise with institutional bodies, bilateral agencies, inspectorates and internal and external stakeholders.

Covered areas	Benefits for the company
Integrated legal and technical consulting	Multidisciplinary approach with a single contact person
Verification of regulatory compliance and 231	Reduction of the risk of penalties and reputational damage
Support in relations with ATS(Health Protection Agency, INL (Italian Labour Inspectorate), INAIL (Italian Institute for Insurance against Accidents at Work)	Proper management of inspections and post-accident compliance
Training and prevention culture	Active involvement of staff and reduction of adverse events
ESG-HSW integration	Improvement of company positioning and attractiveness to investors

For more information, a preliminary analysis of your company's compliance or the definition of a customised action plan, our team is ready to support you.

Contact us to build a truly sustainable, effective Health and Safety strategy that complies with regulations and the highest standards.