Health & Safety Due Diligence

Companies and employers in particular must take all appropriate measures to prevent risks related to the working environment and to protect the physical and mental integrity and the moral character of workers. 

Such an obligation is defined both by the Constitution and the specific legislation, which provides responsibilities for specific employer that result in severe administrative, civil and criminal sanctions. 

Health and Safety Due Diligence represents a relevant control for the assessment of the activities and the company's compliance with the regulations on health and safety at work. 

It also constitutes a means of prevention and management of risks related to the perpetration of criminal or administrative offences resulting from the violation of occupational health and safety regulations; the Due Diligence activity therefore becomes a control and awareness tool for the company's management and leadership. 

This activity is also of crucial importance in the preliminary assessments of corporate mergers and acquisitions operations in order to avoid serious liabilities for the newco and the new employer. 

RSM Legal Italia, with its team of qualified professionals, is ready to assist companies and entities, with particular regard to internationally active groups, in the Health and Safety Due Diligence process, which consists of the following main activities:

• verification of company compliance with occupational health and safety regulations;
• verification and assessment of any health and safety and/or accident risk situations in order to prevent criminal and/or administrative liabilities;
• evaluation of the systems/models adopted by the company: Occupational Health and Safety Management System ISO 45001:2018 and Organisation, Management and Control Model ex art. 30 Legislative Decree 81/08. 

Occupational Health and Safety Due Diligence activities with the assistance of RSM Legal Italia STA enable the following significant benefits to be realised from a virtuous corporate governance perspective:

• compliance with accident prevention regulations;
• prediction and prevention of risks of commission of offences in violation of occupational safety regulations and potential future sanctions;
• anticipation and management of possible risks preventing participation in public tenders;
• mitigation of the risk of crime related to the acquisition of a new partner and correct assessment of the purchase value, in view of M&A or other corporate transactions.