La certificazione dei contratti di lavoro in ambienti confinati e sospetti di inquinamento alla luce delle recenti note dell’INL

Abstract

Decree No. 177/2011 requires the certification of employment contracts as a tool to ensure the use of specialized personnel in activities with a high risk of injury, such as those carried out in confined and/or pollution-suspected environments. Despite the clarity in its purpose of promoting a better prevention culture in a sector marked by the strong danger of tragic injury events, the regulation has generated several perplexities since its introduction, starting with the definition of the subject of the certification obligation. The INL Administrative Annotations Nos. 694 and 1937 of 2024 attempt to dispel such doubts by providing a literal and restrictive interpretation of the scope of application of the provision contained in the 2011 regulation.
The objective of the essay is to investigate the impact of these annotations, reflecting on the possible permanence of critical application issues, advocating an extensive interpretation of the certification obligation in confined and/or pollution-suspected environments, also suggested by the enhancement of the certification tool in terms of maximum promotion of legality in the field of health and safety in the workplace.