The new provisions on workplace safety set out in Law No. 34 of March 11, 2026, came into force on April 7, 2020.
Among the many new features, we highlight Article 11 of the aforementioned Law 34/2026 which introduced paragraph 7 into Article 3 of Legislative Decree 81/2008.bis which establishes the obligation of the employer to prepare and deliver to workers who carry out the service in smart working mode (smart working) – at least annually – a written information document which identifies the general risks and specific risks associated with the particular way in which the employment relationship is carried out.
The minimum mandatory content of the information
For compliance to be considered properly fulfilled, the information cannot be limited to generic reminders, but must contain a series of minimum elements defined by ministerial guidelines and the new prevention criteria, and in particular:
- Identification of general and specific risks: a detailed description of the dangers associated with carrying out the service outside company premises (e.g. electrical risks, suitability of the premises, lighting);
- Equipment Use Guidelines: Specific instructions on the correct use of PCs, tablets, and other company-supplied devices, with particular reference to the risks associated with the use of video terminals;
- ergonomic prescriptions: guidance on correct posture, the organization of a “flexible” workstation, and the necessary break times to prevent musculoskeletal disorders and eye strain;
- Workplace selection criteria: the list of minimum health and safety requirements that the worker must verify before choosing the place in which to work;
- Accident Procedure: Clear instructions on how to behave and who to contact in the event of an accident occurring during working hours outside the company;
- Right to disconnect: the operational and technical methods established to guarantee workers rest periods and a clear separation between professional and private life.
Obligations, sanctions and terms
The employer is obliged to deliver the above information to both the workers and the Safety Representative (RLS) with at least annually.
It's no longer enough to inform workers when they sign their contract: the company must update and resubmit the information annually. This ensures that the instructions provided are always up-to-date with the technologies used and work methods adopted, creating a continuous cycle of prevention and awareness.
It is important to highlight that, although the disclosure requirement was already provided for by the previous legislation on smart working, its inclusion within the Consolidated Law on Safety (Legislative Decree 81/2008) significantly strengthens the relevant legal framework.
In particular, failure to prepare or deliver the information exposes the employer to the following: criminal sanctions:
- arrest from two to four months; or
- the fine from €1,708.61 to €7,403.96.
The new provisions and the related sanctioning regime are operational from April 7, 2026 us. It is therefore a priority for all companies that have not yet done so to take action and implement the necessary measures to comply with the new regulations.
Recommended steps for compliance
To ensure full compliance with the legislation and thus avoid the expected sanctions, it is advisable to proceed with a:
- revision of the information model: verify that the information currently in use is not generic, but includes all the "minimum content" required by the new regulation and is aligned with the equipment actually provided;
- verification of individual agreements: check that the agreements smart working the undersigned correctly refer to the new updated information pursuant to Legislative Decree 81/2008;
- traceable distribution: proceed with sending the information to all workers in smart working and to the Workers' Safety Representative (RLS). It is essential to use tools that guarantee the certain date and proof of receipt (e.g. certified email, digital signature or company portals with log Of download);
- Annual update planning: establish an internal timetable system to ensure that, within 12 months of the last delivery, the information is reviewed again and redistributed, as expressly required by the new paragraph 7-bis of art. 3 of Legislative Decree 81/2008 as introduced by Law 34/2026;
- specific training: Consider a short training or information session to illustrate the document's contents, strengthening worker awareness of ergonomic and environmental risks.
Content by Attorney Claudio Bonora and of the lawyer. Rodolfo Mignone
