Europe Take Action Against Substances Harmful to Reproduction

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Stefano de Luca TamajoIus Laboris

[author: Stefano de Luca Tamajo]*

On 26 September 2024, Italy introduced a landmark piece of legislation aimed at enhancing workplace safety, specifically focusing on the protection of workers from substances that are toxic to reproduction.
 

The Legislative Decree, which implements a 2022 EU Directive, expands the definition of hazardous substances in the workplace to include not only carcinogens and mutagens but also reproductive toxins — those which may affect fertility, pregnancy, or neonatal health. The decree responds to growing scientific evidence showing that exposure to certain substances can lead to long-term health consequences, not just for the workers themselves but also for their children.

The decree imposes several key obligations on employers:

  • They are now required to take proactive steps to avoid or reduce the use of reprotoxic substances wherever possible.
  • If such substances are necessary, employers must ensure that adequate protective measures are in place, and that the risk assessment document (the so-called DVR) is regularly updated.
  • Workers exposed to these substances must be informed about the risks and provided with training to minimise exposure.
  • Employers are obliged to implement health surveillance programs for workers who are at risk, monitoring their health to detect early signs of potential harm.

The decree also provides that employers must keep detailed records, including exposure registers and medical records, for at least five years after the termination of any activities involving harmful substances. This is meant to ensure that any long-term health effects can be traced back to workplace exposures, aiding both workers and authorities in monitoring and addressing potential occupational diseases.

The introduction of this decree aligns Italy with broader European efforts to reduce occupational diseases and improve environmental, social, and governance (ESG) standards across the continent. It marks a significant step in Italy’s efforts to safeguard workers’ health and well-being, particularly in environments where exposure to harmful substances is prevalent.

Takeaway for Employers

This regulation is part of a growing trend within Europe, where countries are adopting more comprehensive regulations to address a wide range of occupational health issues. The focus on reprotoxins is particularly timely, as it highlights the importance of maintaining a healthy workforce and contributing to both current and future generations’ well-being.

*Toffoletto De Luca Tamajo

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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