An anti-fraud law that toughens DUERP penalties
The text, which came into force on June 27, 2026, primarily aims to combat social and tax benefit fraud. However, Article 48 introduces a major change for all employers, regardless of their size or sector: failure to implement or update the DUERP can now result in an administrative fine, in addition to the existing criminal penalties.
This dual-track penalty system significantly changes the risk level for companies that have not made their single document a priority.
Why is the DUERP included in an anti-fraud law?
Linking the DUERP to anti-social fraud legislation is significant: the legislator now classifies failure to prevent occupational risks as a social compliance breach to be treated with the same severity as undeclared work.
Reminder: who is subject to the DUERP requirement?
The requirement to create a DUERP applies to every company as soon as the first employee is hired. This document lists all health and safety risks present in the company and must be updated at least once a year for organizations with 11 or more employees, as well as whenever there is a significant change in working conditions.
Criminal penalties: up to €15,000 for repeat offenses
The existing criminal component remains unchanged but now applies in parallel with the new administrative framework:
- €7,500 fine if the DUERP has not been established or is not up to date
- €15,000 for repeat offenses
Administrative penalties: up to €4,000 per employee, without going through a judge
This is the real innovation of the law. The labor inspectorate can now forward the file to the DREETS, which can issue an administrative fine directly, without prior criminal proceedings:
- A warning, or
- A fine of up to €4,000, applicable multiple times depending on the number of workers affected by the breach
- Amount doubled for repeat offenses
Why does this administrative route change the game?
Unlike the criminal route, which requires a report to be sent to the public prosecutor and often involves long delays, the administrative procedure is faster: the labor inspector notes the breach, and the DREETS can sanction directly. In practice, a faster sanction is a more likely one: this is precisely the effect the legislator intended.
How can you ensure compliance starting now?
In light of these increased inspections, here are three ways to secure your business:
- Verify the existence and date of your DUERP : a missing or outdated document is the only situation that carries penalties. A current, dated, and traceable DUERP eliminates the risk at the source.
- Update your risk assessment at least once a year (for companies with 11 or more employees) and whenever there is a significant change in organization or working conditions.
- Formalize a prevention action plan with documented follow-up; beyond mere compliance, this is the tool that truly reduces occupational risks.
How does Symalean secure your DUERP on a daily basis?
Managing your DUERP in an isolated Excel file is becoming risky in this new regulatory environment. The Symalean Safety module centralizes occupational risk assessment, update tracking, and the monitoring of prevention plans on a single platform, featuring:
- A digitized and structured DUERP, with a full history and ready to be presented during an inspection
- Automatic alerts so you never miss an update deadline
- A prevention action plan linked directly to each identified risk
- Complete traceability, useful for justifying your compliance to labor inspectors
Don't let your DUERP become a financial risk for your company.
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