UBI Banca Group

Risks relating to health and safety at the workplace
(Legislative Decree No. 81 of 9th April 2008)
The main issues involved in 2011 in the complex activity carried out to ensure the proper
implementation of regulations on this subject were as follows:
- the development of the work-related stress assessment process;
- start of the process to comply with UNI INAIl (national insurance institute for accidents at
the workplace) Guidelines to increase the effectiveness of the organisation and management
model already in place with regard to the administrative liability of companies concerning
prevention offences pursuant to article 25 septies of Legislative Decree 231/2001;
- analysis of robberies with a focus on the impact of those events on the mental and physical
well-being of personnel.
As concerns the assessment of work-related stress, the methodological process commenced in
the Group involves a number of connected and sequential stages.
The first was completed in 2011 and consisted of the acquisition, processing and comparison
(against a sector benchmark, amongst other things) of numerically significant, objective data
(“alarm bell” events, working context and content indicators). Rather than merely compiling
INAIL forms, which are extremely generic, it was decided to analyse real situation
contextualised risk factors, in order to bring to the fore preventative measures already adopted
by Group companies to manage issues of pressing social concern, such as the enhancement of
human resources, working conditions and how work is organised.
The stage where workers and/or their representatives are involved must still be completed. In
order to prevent this from transforming into an opportunity for negotiations and/or conflict, it
was decided to employ the focus group method (which involves the sole presence of an outside
observer, who is usually a psychologist) across all companies, which has already been
successfully employed in smaller units in the Group where no trade union representatives are
present.
As mentioned above, this is just the first level of compliance with the legislation, a sort of
introductory phase needed to identify those factors, among all those analysed, which it is
considered may generate a risk of exposure to work-related stress in relation to the specific
workplace.
Risk analysis in the field of the application of health and safety legislation must necessarily
consider the relationship of that legislation (which as is known requires those occupying the
positions of Official Employer, senior manager and company officers to act as guarantors and
therefore to be personally liable) to Legislative Decree No. 231/2001, which regulates the
administrative liability of legal entities.
Activities programmed for the three year period 2011-2013 include a project launched to
update the current organisation, management and control model pursuant to Legislative
Decree No. 231 to comply with the provisions of Art. 30 of Legislative Decree No. 81/2008,
with specific reference to the UNI INAIl Guidelines, in order to increase the effectiveness of
these in terms of exemption from the administrative liability of natural persons with regard to
prevention offences pursuant to Art. 25 septies of Legislative Decree No. 231 (serious or very
serious malicious bodily harm or manslaughter in violation of safety regulations).
One of the essential requirements of the UNI INAIl Guidelines is the need for health and safety
to become an integral part of corporate policies and strategies, so that the application of
regulations under Legislative Decree No. 81/2008 is based primarily on company organisation
that is explicitly structured in those terms.
A working group was set up for that purpose, which, by actively involving personnel from
different units, and not only at the Parent but also at UBI.S, involved in various ways in
sensitive processes, will analyse the compliance with the UNI-INAIL recommendations of
corporate processes which impact health and safety. It will then identify changes and/or
additions needed with a view to achieving official approval of a process that is fully integrated
and consistent with the Group’s administrative liability procedures (Decree No. 231) and
which will form a special part of those procedures with specific regard to offences under Art.
25 septies.
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