Are sanctions and preventive measures an effective strategy to ensure workplace safety?

Abstract

INTRODUCTION

Workplace safety represents a central aspect for the protection of workers’ health and the prevention of occupational accidents. Despite recent regulatory updates and investments in the continuous training of workers, the much-anticipated reduction in these accidents still seems distant. Why, despite the existence of a legislation that covers various areas and safety tools, is a significant decrease in workplace fatalities still elusive? The culture of safety and prevention seems still far away — almost an unattainable goal — thus jeopardizing efforts and leaving a crucial issue in the world of work unresolved. The aim of this research is to understand how sanctions, in addition to being a repressive method, can serve — if used correctly — to uncover the motivations behind resistance to change and to the culture of safety.

MATERIALS AND METHODS

This study, based on the analysis of the sanctioning system of a Local Health Authority (ATS) in the Lombardy Region, explores the correlation between the sanctions issued and the incidence of occupational accidents over the three-year period 2021–2023. To this end, the sanctioning system was analyzed by examining data relating to administrative sanctions (Art. 301-bis of Legislative Decree 81/08) and criminal sanctions (Art. 301 - Applicability of the provisions of Articles 20 and following of Legislative Decree No. 758 of 19 December 1994), as well as the recorded workplace accidents in the considered period (2021–2023). The analysis made it possible to identify any relationships between the detected violations and the types of accidents in different activity sectors.

RESULTS

 The analysis of the data collected over the three-year period shows a reduction in violations punishable by administrative sanctions, decreasing from 10 sanctions in 2021 to 7 sanctions in 2023. The most frequently violated article punishable by administrative sanction was Article 86, paragraph 1, of Legislative Decree 81/08, concerning the verification and control of electrical systems, with a total of 11 sanctions over the last three years. Violations punishable by criminal sanctions, on the other hand, increased from a total of 694 sanctions in 2021 to a total of 1,068 sanctions in 2023. The most frequently violated article was Article 37 of Legislative Decree 81/08, relating to mandatory worker training. Comparing the data relating to issued sanctions and workplace accidents, it emerged that in 2021, out of a total of 694 criminal sanctions issued, 128 were related to an accident, while 80 were not related. In 2023, out of a total of 1,068 criminal sanctions issued, 139 were related to an accident, while 99 were not related.

DISCUSSION AND CONCLUSION

The analysis conducted on the sanctioning system by control bodies — particularly by inspectors of a Local Health Authority (ATS) in the Lombardy Region — highlights the importance of adopting an integrated approach that combines sanctions, training, and prevention in order to sustainably and effectively improve workplace safety. The sanctioning system serves not only as a deterrent tool but also as a fundamental lever for prevention. In this regard, it is recommended to strengthen the culture of safety through continuous training programs and the dissemination of good practices. Such an integrated approach is essential to enhance prevention measures and ensure effective and efficient protection of health in the workplace.