In the event of a workplace accident or another incident with potential impact on workers’ health and safety, one of the employer’s most important obligations is the immediate notification of the competent authorities. But what does “immediate” mean from a legal standpoint? And what steps must the employer follow?
Legal Reporting Deadline
According to Article 21 of Law no. 319/2006 on occupational health and safety, and the Methodological Norms approved by Government Decision no. 1425/2006, the incident must be reported without delay, meaning immediately and without unjustified postponement, as soon as the employer becomes aware of it. This obligation lies with the employer.
What Is Considered an “Incident”?
The law defines the following as incidents:
- Workplace accidents resulting in temporary incapacity to work;
- Accidents causing disability or death;
- Collective accidents;
- Accidents occurring on the way to or from work;
- Dangerous incidents, even if no casualties resulted.
How Is the Notification Made?
Notification must be made in writing using a standard form available on the websites of local labor inspectorates. In urgent situations, initial reporting can also be made via phone, email, or fax, followed by the official written form.
The following information must be included:
- Employer’s details;
- Location, date, and time of the incident;
- Brief description of the circumstances;
- Identity of the affected person;
- Medical condition (if known at that time).
Consequences of Failure to Report
Failure to report an incident in due time can result in legal penalties. Furthermore, it may compromise the accuracy of the investigation and the legal classification of the accident, potentially affecting compensation and insurance benefits.
Recommendation for Employers
To avoid delays or omissions, it is recommended that the internal procedure for reporting incidents is clearly defined, known by all OSH (Occupational Safety and Health) officers, and included in the company’s prevention and protection plan.