{"id":9825,"date":"2026-04-27T13:20:18","date_gmt":"2026-04-27T13:20:18","guid":{"rendered":"https:\/\/mbg.legal\/?p=9825"},"modified":"2026-04-27T13:20:19","modified_gmt":"2026-04-27T13:20:19","slug":"new-safety-obligations-for-smart-working-innovations-introduced-by-law-no-34-of-2026-on-health-and-safety-in-smart-working-amendments-to-legislative-decree-no-81-of-2008","status":"publish","type":"post","link":"https:\/\/mbg.legal\/en\/new-safety-obligations-for-smart-working-innovations-introduced-by-law-no-34-of-2026-on-health-and-safety-in-smart-working-amendments-to-legislative-decree-no-81-of-2008\/","title":{"rendered":"New safety requirements for smart working \u2013 New provisions introduced by Law no. 34\/2026 regarding health and safety in smart working \u2013 Amendments to Legislative Decree 81\/2008"},"content":{"rendered":"

The new provisions on workplace safety set out in Law No. 34 of March 11, 2026, came into force on April 7, 2020.<\/p>\n\n\n\n

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<\/em> which establishes the obligation of the employer to prepare and deliver to workers who carry out the service in smart working mode (smart working<\/em>) \u2013 at least annually \u2013 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.<\/p>\n\n\n\n

The minimum mandatory content of the information<\/strong><\/p>\n\n\n\n

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:<\/p>\n\n\n\n

    \n
  1. 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);<\/li>\n\n\n\n
  2. 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;<\/li>\n\n\n\n
  3. ergonomic prescriptions: guidance on correct posture, the organization of a \u201cflexible\u201d workstation, and the necessary break times to prevent musculoskeletal disorders and eye strain;<\/li>\n\n\n\n
  4. Workplace selection criteria: the list of minimum health and safety requirements that the worker must verify before choosing the place in which to work;<\/li>\n\n\n\n
  5. 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;<\/li>\n\n\n\n
  6. Right to disconnect: the operational and technical methods established to guarantee workers rest periods and a clear separation between professional and private life.<\/li>\n<\/ol>\n\n\n\n

    Obligations, sanctions and terms<\/strong><\/p>\n\n\n\n

    The employer is obliged to deliver the above information to both the workers and the Safety Representative (RLS) with at least annually<\/strong>.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    In particular, failure to prepare or deliver the information exposes the employer to the following: criminal sanctions<\/strong>:<\/p>\n\n\n\n