Newsletter April 2026
Smart Working and Risk Communication Requirements
Health and safety, computer workstations and new responsibilities for employers following Law No. 34 of 11 March 2026
1. Introduction
The recent Law No. 34 of 11 March 2026 (hereinafter the “Law”), in force since 7 April 2026, makes significant changes to the area of health and safety in Agile Working or “Smart Working”, introducing new provisions into Legislative Decree 81/2008. In particular, Article 11, dedicated to “Health and safety for work carried out in agile mode”, inserts a new paragraph 7-bis into Article 3 of Legislative Decree 81/2008, entitled “Scope of application”, reinforcing the employer’s obligation (hereinafter the “Employer”) to ensure the protection of workers even when the work is carried out in environments not directly attributable to the Employer’s legal control.
The provision clarifies that these obligations, including those relating to the use of computer terminals, must be fulfilled by providing, at least once a year, written information on the general and specific risks associated with Smart Working. It also establishes a specific criminal penalty in the event of non-compliance, pursuant to Article 55, paragraph 5(c) of Legislative Decree No. 81/2008.
2. The regulatory framework
Smart Working is governed by Chapter II of Law No. 81 of 22 May 2017 “Measures for the protection of non-entrepreneurial self-employment and measures aimed at promoting flexible working hours and locations for employees” (hereinafter “Law 81/2017”), which provided a comprehensive definition of it and frames it as a flexible method of performing work within the employment relationship.
In particular, under Article 18 of Law 81/2017, Smart Working is defined as «a method of carrying out an employment relationship established by agreement between the parties, including forms of organisation based on phases, cycles and objectives, without specific constraints regarding working hours or the workplace, with the possible use of technological tools to carry out the work». With specific reference to the performance of work, it «is carried out partly on company premises and partly off-site without a fixed workstation, subject only to the maximum limits on daily and weekly working hours laid down by law and collective bargaining agreements».
As provided for in Article 19 of Law 81/2017, the individual agreement must be concluded in writing for administrative purposes and as evidence. Work performed in Smart Working does not change the subordinate nature of the employment relationship, nor the rights and obligations arising from it, which must be adapted to the new ways of performing work, not limited to the home environment but also, for example, to co-working spaces or dedicated hubs.
With regard to health and safety, Article 22 of Law 81/2017 expressly stipulates that the Employer is required to ensure the health and safety of the smart worker and, to this end, must provide the worker and the Workers’ Safety Representative with a written statement at least once a year setting out the general and specific risks associated with the manner in which the employment relationship is carried out.
The general basis for the Employer’s liability is set out in Article 2087 of the Civil Code, according to which the Employer’s responsibility to protect the physical and mental well-being of the worker is independent of the place where the work is carried out. Indeed, as provided for in Article 18 of Law 81/2017, the Employer is responsible for the safety and proper functioning of the technological tools assigned to the worker for the performance of their work.
3. Smart Working during the Covid-19 emergency
During the emergency caused by the spread of Covid-19, the use of Smart Working has seen an unprecedented expansion, supported by a regulatory framework designed to ensure its immediate applicability.
The measures adopted in the early months of 2020, building on one another, enabled Employers to unilaterally extend the flexible working arrangements to all employment contracts, even in the absence of the individual agreements required under the standard provisions of Law 81/2017. At the same time, significant simplifications were also introduced with regard to health and safety obligations, providing that risk information could be provided electronically, including by reference to standard documentation made available on the website of the National Institute for Insurance against Accidents at Work (INAIL). This derogation was introduced in a context where the Employer’s responsibility for safeguarding the physical and mental well-being of workers remained unchanged.
As the emergency situation gradually eased, the legislator then initiated a process of gradual return to the ordinary regime, reintroducing the formal obligations typical of Smart Working, including those relating to individual agreements and mandatory notifications to the Ministero del Lavoro e delle Politiche Sociali. During this transitional phase, there were several measures extending the deadlines for fulfilling communication obligations, motivated by the need to allow Employers to adapt progressively to the new operating methods, including through simplified IT tools. A regulatory framework is emerging that incorporates the lessons of the emergency and recognises Smart Working as a tool for ensuring organisational flexibility and operational continuity.
4. Risk information in Smart Working
In the context of Smart Working, the protection of workers’ health and safety finds one of its main tools in risk information, already provided for in Article 22 of Law 81/2017. This provision places an obligation on the Employer to provide, at least once a year, a risk assessment to the worker and the Health and Safety Representative identifying the risks associated with carrying out work outside the company premises. It is therefore intended to raise awareness of the potential risks associated with Smart Working.
The content of this document must distinguish between general risks and specific risks:
- the former relate to factors present in any workplace, such as the condition of the premises, the suitability of electrical installations, lighting, ventilation and, more generally, the organisation of work, including the management of breaks and working hours;
- the second category, on the other hand, refers to Smart Working and is closely linked to the use of technological tools, in particular computer screens, in relation to which the possible effects on the worker’s eyesight, posture and overall physical and mental well-being must be assessed. The workstation must therefore be configured as an integrated ergonomic system, comprising a work surface, chair and IT equipment (such as a monitor, keyboard, mouse and other peripherals), designed to minimise exposure to biomechanical and visual risks. In this context, the information provided must include practical guidance aimed at preventing musculoskeletal disorders, visual fatigue and work-related stress, including those arising from the intensive use of digital devices and the difficulty in separating work and personal life.
In view of these obligations, the worker is required to cooperate actively by adopting behaviour in line with the guidance received and contributing to the implementation of the preventive measures put in place by the Employer.
5. The changes introduced by Law No. 34 of 11 March 2026
The Law, in force since 7 April 2026, introduces, in Article 11 “Health and safety for Smart Working”, certain amendments to Legislative Decree 81/2008. In particular, paragraph 7-bis has been inserted into Article 3, concerning the scope of application of Legislative Decree 81/2008, which provides that «for work carried out remotely in work environments not under the employer’s legal control, the fulfilment of all safety obligations compatible with this mode of work, in particular those relating to the use of computer terminals, shall be ensured by the employer by providing the worker and the workers’ safety representative, at least once a year, with a written statement identifying the general and specific risks associated with the particular manner in which the employment relationship is carried out, without prejudice to the worker’s obligation to cooperate in the implementation of the preventive measures put in place by the employer to address the risks associated with the performance of work outside the company premises».
This new legislative provision, in addition to reiterating and reinforcing an existing obligation, clarifies its scope of application, with particular attention to work carried out in locations beyond the Employer’s direct control, and emphasises the role of the information notice as an essential safeguard, strengthening coordination in particular with the Risk Assessment Document. In the Risk Assessment Document, the Employer must specifically assess the risks associated with Smart Working, including risks arising from the use of computer terminals in non-workplace environments, the ergonomic aspects of the workstation, organisational and psychosocial risks (such as workload, breaks, isolation and working hours), and any individual conditions that may make certain workers more vulnerable.
As regards penalties, failure to provide the information results in the application of the penalties set out in Article 55, paragraph 5(c) of Legislative Decree No. 81/2008, consisting of imprisonment for two to four months or a fine ranging from €1,200 to €5,200. In this respect, the law makes this obligation binding and significantly strengthens the prevention system by holding Employers accountable for managing the risks associated with Smart Working.
6. Conclusions
In light of the amendments introduced by the Law, the duty to provide health and safety information in Smart Working takes on a more central role within the prevention system set out in Legislative Decree No. 81/2008.
Following the amendments introduced by the Law, Employers are now required not only to ensure the protection of workers’ physical and mental well-being in environments beyond their direct control, but also to demonstrate compliance with this obligation in practice by preparing and regularly providing comprehensive, up-to-date information tailored to the specific ways in which the work is carried out. In this context, risk assessment can no longer be regarded as a mere formality, but rather as a fundamental operational tool for risk management, requiring companies to carry out a careful analysis and regular updating and tailoring of its content, with particular reference to risks associated with the use of computer workstations, the organisation of working time and work-related stress. Companies will therefore need to adapt by integrating risk information into their prevention processes.
In conclusion, the new regulatory framework requires companies to adopt a more structured and informed approach to managing Smart Working, in which the provision of accurate information to workers becomes the primary safeguard in an increasingly flexible and widespread working environment.
