“Io era tra color che son sospesi…”. Incertezze applicative e prospettive future del nuovo provvedimento di sospensione ex art. 14 del d.lgs. n. 81/2008 dopo il d.l. n. 146/2021

Abstract

The essay aims to analyze the new art. 14 of d.lgs. n. 81/2008, as reformed by d.l. n. 146/2021. When examining the conditions for the applications of the suspension measure, the paper suggests a substantive approach, in the assessment of the violation for lack of the elaboration of the risk assessment document, contained in Annex I.
Furthermore, the research focuses on the sanctioning nature of the suspension measure with the consequence, in the author’s opinion, that judicial protection should submit to the ordinary courts. Finally, the lack of coordination between the suspension measure and the prescription, pursuant to art. 20 et seq. of d.lgs. n. 758/1994, is pointed out, which would result in an unjustified accentuation of the repressive nature of the health and safety supervision system.