Italy Updates Workplace Safety Regulations with New Decree and INL Circular

Rome, 6 March – Recent legislative changes in Italy are impacting health and safety regulations in the workplace. Decree-Law 159/2025, converted into Law 198/2025, introduces significant amendments to Legislative Decree 81/2008, Italy’s Consolidated Law on health and safety protection of employees. These changes are clarified in Circular 1/2026 issued by the National Labor Inspectorate (INL).

INL Circular 1/2026 and Credit License Reductions for “Illegal” Work

The INL circular addresses reductions to credits for employers found to have engaged in “illegal” work. Article 3, paragraph 4, letter a), number 1) of Decree-Law 159/2025, introduces a new comma 7-bis to Article 27 of Legislative Decree 81/2008. This stipulates that credit reductions will follow notification of an assessment report from competent supervisory bodies for violations listed in Annex I-bis, numbers 21 and 24.

Amendments to Annex I-bis of Legislative Decree 81/2008 consolidate violations previously listed in points 21 to 23 into a single provision (point 21), resulting in a reduction of 5 credits for each “illegal” worker, regardless of the duration of irregular employment. Point 24 remains largely unchanged, with a further potential reduction of one credit for employing foreign workers not in compliance with Decree 286/1998, minors of non-working age, or individuals receiving certain forms of social income (Citizenship Income or inclusion/training support).

These credit reductions are applicable to offenses committed starting January 1, 2026. For offenses prior to this date, the previous regulations outlined in Annex I-bis to Legislative Decree 81/2008 will continue to apply.

INL Circular 1/2026 and Sanctions for Lack of Credit License

The decree-law also raises the minimum administrative sanction for operating without a valid credit license or with insufficient credits. Article 3, paragraph 4, letter a), number 3) of Decree-Law 159/2025, increases the minimum threshold to €12,000 for violations under Article 27, paragraph 11, of Legislative Decree 81/2008.

The INL circular clarifies that a sanction equal to 10% of the project’s value, with a minimum of €12,000, applies. This sanction is not subject to the warning procedure outlined in Article 301-bis of Legislative Decree 81/2008 and results in exclusion from participating in public works for six months. This change has been in effect since the enactment of Decree-Law 159/2025, applying to violations committed after October 31, 2025. A reduced payment option, equivalent to one-third or double the minimum sanction (if more favorable), is available within 60 days of notification, as per Article 16 of Law 689/1981.

INL Circular 1/2026 and License Suspension

Article 3, paragraph 4, letter a), number 2), of Decree-Law 159/2025 modifies Article 27, comma 8, of Legislative Decree 81/2008, granting the National Labor Inspectorate the authority to suspend licenses for up to twelve months in the event of workplace fatalities or permanent disabilities resulting from accidents on construction sites.

The INL emphasizes that the decision to suspend a license will be based on an evaluation of objective and subjective elements, considering reports from public officials involved in the accident investigation. Ministerial Decree 132/2024 guides this assessment, referencing Article 2700 of the Civil Code. Circular 4/2024 highlights that while the final determination of criminal responsibility rests with the Public Prosecutor, the investigating body must establish “at least gross negligence” on the part of responsible parties using a “more probable than not” standard before initiating a suspension.

For further details, refer to the following resources:

• National Labor Inspectorate – General Directorate – Circular no. 1 of 23 February 2026
• National Labor Inspectorate – Central management for supervision and safety at work – “Note prot. N. 603 of 22 January 2026”
• Text of the legislative decree of 31 October 2025, n. 159