Scope of application

Who is required to carry out periodic inspections of earthing installations under D.P.R. 462/01?

D.P.R. 462/01 applies to electrical earthing installations, devices for protection against atmospheric discharges and installations with an explosion hazard, installed in workplaces.

To identify installations subject to the inspection obligation, reference is made to the scope of Legislative Decree 81/08 and to Legislative Decree 233/03 as regards installations in places with an explosion hazard.

D.P.R. 462 refers to the “employer”, which implies that any activity involving the presence of an employee is to be considered subject to the inspection obligation.

With the entry into force of Legislative Decree 81/08 the definition of employer and worker changed and is no longer tied to the idea of a subordinate worker.

Already in a circular of February 2005 (10723) the Ministry of Productive Activities stated that when D.P.R. 462/01 “ parla di datore di lavoro come destinatario dell’obbligo (di verifica), è in tale ambito che devono essere ricondotte anche ipotesi in cui pur mancando, al momento, un rapporto di lavoro dipendente, sia configurabile come ambiente di lavoro quello in cui vengono esercitate attività lavorative anche saltuarie, da parte di soggetti lavoratori legati a vario titolo al proprietario dell’impianto ”.

Legislative Decree 81/08 treats as workplaces those in which at least one worker is present, where (art. 2(1) of Legislative Decree 81/08) worker means a

”persona che, indipendentemente dalla tipologia contrattuale, svolge un’attività lavorativa nell’ambito dell‘organizzazione di un datore di lavoro pubblico o privato, con o senza retribuzione, anche al solo fine di apprendere un mestiere, un’arte o una professione, esclusi gli addetti ai servizi domestici e familiari”

Legislative Decree 81/08 specifies that the following “are treated as workers”:

• the working member of a cooperative or company, including a de facto company, who performs activity on behalf of the company and of the entity itself;
• the associate in participation under article 2549 et seq. of the Civil Code;
• the beneficiary of training and guidance internships under article 18 of Law no. 196 of 24 June 1997 and of specific regional law provisions promoted to create periods of alternation between study and work or to facilitate professional choices through direct knowledge of the world of work;
• the pupil of educational and university institutes and the participant in vocational training courses in which laboratories and work equipment in general are used;
• volunteers, including those performing civil service or belonging to the National Fire Corps and civil protection;
• socially useful workers (Legislative Decree 468/97 and subsequent amendments)

Among the activities covered by the decree are also those carried out by the State, Regions, Provinces, Municipalities and other public bodies, therefore sports facilities, public lighting, etc.

In short, save for very few exceptions, all working activities are subject to the obligations of D.P.R. 462/01. An illustrative list includes:

• industrial (small, medium and large industry)
• craft;
• professional (offices of professionals – accountants, notaries, lawyers, surveyors, architects, consultants, etc. –, medical practices – dentists, ophthalmologists, veterinarians, etc.)
• commercial (shops of any kind and size, shopping centres, logistics warehouses, stores, petrol stations, etc.)
• services (offices of any kind and size – insurance, investment companies, real-estate companies, consultancy companies, associations, etc. –, schools, gyms, beauty centres, hospitals, analysis laboratories, pharmacies, hotels, nursing and care homes, public administration, driving schools, condominiums with a porter’s lodge, etc.)
• entertainment (cinemas, theatres, discotheques, conference halls, swimming pools, playing fields, restaurants, bars, etc.)
• agricultural/food (production, processing, storage, distribution, etc.)