On January 8, 2022, Decree Law No. 1 (D.L. No. 1) of January 7, 2022, on Urgent Measures to Tackle the COVID-19 Emergency, in Particular in Workplaces, Schools, and Higher Education Institutions entered into effect in Italy. (Decreto-Legge 7 gennaio 2022, n. 1, Misure Urgenti per Fronteggiare l’Emergenza COVID-19, in Particolare nei Luoghi di Lavoro, nelle Scuole e negli Istituti della Formazione Superiore.)
Expansion of the Vaccination Obligation
The new legislation extends until June 15, 2022, the vaccination obligation to prevent infection by SARS-CoV-2 for people 50 years of age and older. This obligation applies to Italian citizens, citizens of European Union member states residing in Italy, and other foreign citizens in certain circumstances. (D.L. No. 44 of April 1, 2021, art. 4-quater(1), converted into law by Law No. 76 of May 28, 2021, added by D.L. No. 1, art. 1(1).)
Exempted from this obligation are persons whose specific, duly documented clinical conditions qualify for exclusions and who otherwise comply with criteria established by the Health Ministry. (D.L. No. 44, art. 4-quater(2–3).)
Effective February 17, 2022, persons who are obligated to be vaccinated per this legislation must possess and exhibit a certification of vaccination or recovery from COVID-19 in order to access their workplaces throughout the national territory. (D.L. No. 44, art. 4-quinquies(1), added by D.L. No. 1, art. 1(1).) Workers who present themselves at their workplaces without such certification are considered absent without justification, but are not subject to disciplinary consequences and retain the right to their employment as long as they submit the certification, in any case no later than June 15, 2022. (D.L. No. 44, art. 4-quinquies(4), added by D.L. No. 1, art. 1(1).)
The legislation also extends the vaccination obligation to the staff of universities; higher artistic, musical, and choreographic institutions; and higher technical institutions. (D.L. No. 44, art. 4-ter, added by D.L. No. 1, art. 2(1).)
Pecuniary Penalties
The legislation imposes a pecuniary administrative penalty of 100 euros (about US$109) on those who (a) by February 1, 2022, have not begun the primary vaccination cycle; (b) after February 1, 2022, have not obtained the supplementary dose of the primary vaccination cycle; and (c) after February 1, 2022, have not obtained the booster dose following the primary vaccination cycle under the terms of validity of the COVID-19 green certifications. (D.L. No. 44, art. 4-sexies(1), added by D.L. No. 1, art. 1(1).)
Procedure for the Application of Pecuniary Penalties
The Health Ministry, through the Revenue Collection Agency, must notify noncompliant individuals that the sanctioning procedure has been initiated, establishing a peremptory term of 10 days for them to report to the local health authority and present any certification showing deferral or exemption from the vaccination obligation, or other objective reasons that made obtaining the vaccination impossible. (D.L. No. 44, art. 4-sexies(4), added by D.L. No. 1, art. 1(1).)
Individuals who oppose the penalties imposed on them may file a complaint before the justice of the peace and the State Attorney’s Office. (D.L. No. 44, art. 4-sexies(7), added by D.L. No. 1, art. 1(1).)
Procedure When COVID-19 Infections Are Detected at Educational Institutions
When a COVID-19 infection is detected at an educational institution at the elementary level, the following measures must be followed: (a) the whole class in which the infection is discovered must be suspended for 10 days; (b) antigen or molecular tests must be carried out immediately and repeated after five days; and (c) if two or more positive cases are detected in one class, online instruction for 10 days must be ordered. (D.L. No. 1, art. 4(1)(a)–(b).)
If infections are detected at the high school level or at professional instruction institutions, the following measures must be followed: (a) classes continue in person but students must wear an FFP2-type mask and self-monitor; (b) the same measure is applied when two or more positive cases are found in a class but there is evidence that the infected students have concluded the first vaccination cycle or have recovered at least within the previous 120 days or have received the booster dose; and (c) in all other cases of unvaccinated or nonrecovered individuals within the aforementioned terms, or when there are at least three positive cases in a class, online classes for 10 days is mandated. (D.L. No. 1, art. 4(1)(c).)