Determination Of The Average Rate For The Swing Prevenzionedegli Accidents In The Workplace.

Original Language Title: Determinazione dell'oscillazione del tasso medio per la prevenzionedegli infortuni nei luoghi di lavoro.

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The MINISTER of labour and Social Affairs in consultation with the Minister of economy and finance Saw the Decree of the President of the Republic June 30, 1965, # 1124, consolidated text of provisions for compulsory insurance against accidents at work and occupational diseases; Having regard to the Legislative Decree of February 23, 2000, n. 38, concerning "provisions for insurance against accidents at work and occupational diseases, in accordance with art. 55, paragraph 1, of the law May 17, 1999, n. 144» and in particular art. 1 which identified tariff purposes, with effect from 1 January 2000, four separate administrations in the management industry under Title I of the said Decree of the President of the Republic June 30, 1965, # 1124; See also art. 3 of Legislative Decree No 38 February 23, 2000, which provides for the adoption, by Decree of the Minister of labour and social security in consultation with the Minister of economy and finance, of separate rates of premiums for each tariff administrations referred to in that article. 1 and their application, taking into account the progress workplace accident and enforcement of legislative decree September 19, 1994, n. 626, and subsequent amendments and additions, as well as the charges involved in the determination of contribution rates; Having regard to the Ministerial Decree December 12, 2000 concerning «new pricing of premiums for insurance against accidents at work and occupational diseases of: industry, trade, services, other activities and its application method. ' and in particular art. 24 entitled ' fluctuations in the average rate for prevention '; Having regard to the Ministerial Decree of December 3, 2010 on "Rewriting the existing rate of art. 24 of the Ministerial Decree of December 12, 2000» and in particular art. 2 that quote includes "at the end of the first two years of application, workers ' compensation monitors the progress of oscillation of the average rate for prevention in accordance with the new wording of art. 24 pursuant to paragraph 1 of this Decree, preparing a report for the Ministry of labour and Social Affairs and the Ministry of economy and finance; Having regard to the explanatory report referred to in footnote INAIL, prot. # 3985 of July 18, 2014, with which the Institute has announced the results of the monitoring carried out pursuant to art. D.M. 2 December 3, 2010, highlighting an improvement of the SME membership discount for prevention; Whereas it is necessary, as evidenced by INAIL, change the art. 24 disciplined by the aforementioned ministerial decree December 3, 2010 revising the rates of discount, in order to promote the need for containment of the budget goes to prevention through a restructuring of corporate groups as a function of risk tiers ' machining operations; Having regard to the causes of the President of the INAIL n. 286 of September 26, 2014 concerning ' proposal for a new text of art. 24 December 12, 2000, as amended by Ministerial Decree D.M. December 3, 2010»; Having regard to the preliminary documentation referred to by INAIL and particularly cited determines the Statistical Consulting Actuarial technical note to the same attached; Having regard to the report of the Director-General of the INAIL of September 25, 2014; Having regard to the note prot. # 87797 of November 10, 2014, by which the Ministry of Finance has asked the INAIL to provide further elements of quantification of the effects about the proposed new text of art. 24 of the aforementioned ministerial decree December 3, 2010; Having regard to the response of INAIL note dated December 18, 2014, prot. # 6660, with which the Institute has certified the appropriateness of the measure with rewarding the estimated budget for the period 2014-2016; Having regard to the opinion of the MEF expressed in footnote 100,021 of December 22, 2014;
Decrees: Art. 1 the oscillation of the average rate for prevention after the first two years of activity articulates with the following methods. 1. at the end of the first two years of the start date of the activity, workers ' compensation, in relation to work carried out for the improvement of safety and hygiene in the workplace, including in the implementation of the provisions of the Legislative Decree of April 9, 2008, n. 81, and subsequent amendments and supplements, and specific industry regulations, can apply to the employer that is in good standing with the regulations on accident prevention and occupational hygiene and with contributory and insurance obligations, a reduction in the average rate of fixed rate, depending on the number of workers-year of the period in practical terms, determined as follows: === === === === === === === === === === === === === === = | Workers-year | Reduction |
+=====================+===================+
| Up to 10 | 28% |
+---------------------+-------------------+
| From 11 to 50 | 18% |
+---------------------+-------------------+
| From 51 to 200 | 10% |
+---------------------+-------------------+
| Over 200 | 5% |
+---------------------+-------------------+ 2. The employer, in order to obtain recognition of the reduction provided for in this article, must submit specific instance, providing all the elements, the news and the information defined for this purpose by the INAIL. The measure is adopted following the implementation by the employer, in the year prior to presentation of the petition, to improvements in hygiene, health and safety in the workplace, more than the regulatory requirements. On penalty of inadmissibility, the application shall be submitted to the competent territorial Headquarters of INAIL, together with the prescribed documentation, no later than 28 February (29 February in the case of a leap year) of the year for which the reduction is required. For instance the INAIL can arrange for technical verification of the statements. 3. its reasoned decision is communicated to the employer via pec within 120 days from the date of application. 4. the reduction accorded under this article shall take effect for the current year on the date of application and applied within the regulation of the insurance premium due for the same year. 5. If, at any time, the lack of requirements for the recognition of the reduction referred to in this article, the INAIL will proceed to the annulment of the reduction and to request additions of premiums due, as well as to the application of existing civil and administrative sanctions. Its motivated and communicated by INAIL to the employer via pec. 6. This article replaces art. 24 December 12, 2000 as amended by Ministerial Decree D.M. December 3, 2010.