
Workplace Safety
Radon Gas in the Workplace: Obligations and Sanctions
Italian Legislative Decree 101/2020 has introduced a mandatory obligation for all Employers to assess the risk of exposure to Radon gas.
Workplace safety is not only a priority but a legal duty: check now if your business falls among those at risk and comply to avoid heavy criminal sanctions and protect the health of your employees.
Invisible Safety
Protecting workers from a silent enemy
Employer Responsibility
Radon is a radioactive noble gas, colorless, odorless and tasteless, generated by the decay of uranium naturally present in rocks and soil. Being about 8 times heavier than air, it tends to accumulate in indoor environments, especially those in direct contact with the ground such as basements and semi-basements.
The World Health Organization (WHO) has classified Radon as a certain human carcinogen (Group 1). In Italy, the Istituto Superiore di Sanità estimates it is responsible for approximately 3,200-6,000 deaths per year from lung cancer, representing the second cause of lung cancer after cigarette smoking.
The Employer has an inescapable legal obligation (D.Lgs 81/08 and D.Lgs 101/2020) to assess all risks to worker health. Ignoring radon risk not only constitutes an administrative violation with heavy penalties, but also exposes the company and its directors to direct criminal and civil liability if an employee develops diseases related to prolonged exposure.
Which locations are at risk?
Italian Legislative Decree 101/2020 has significantly expanded the scope of the regulation. Subject to measurement obligation, regardless of the duration of occupancy, are all workplaces located in underground premises (entirely below ground level) and semi-basements.
Furthermore, in the so-called Priority Areas (high-risk municipalities identified by individual Regions), the monitoring obligation also extends to all workplaces located on the ground floor. The obligation covers not only offices and industries, but also warehouses, archives, locker rooms, gyms, canteens, banks (vaults), healthcare facilities and thermal spas.
D.Lgs 101/2020: Key Articles
What the law says about occupational radiation protection
Regulatory Focus: Art. 16 and 17
Scope of Application
Article 16 of D.Lgs 101/2020 requires the operator (Employer) to complete the radon exposure assessment within 24 months from the start of the activity or from the publication of the priority areas list. The obligation structurally concerns:
- Underground and Semi-basement Premises: The obligation applies throughout the ENTIRE national territory, without exceptions related to regional classification. Any premises with at least one wall against earth is potentially at risk.
- Ground Floor Premises: The obligation applies if the property is located in a municipality classified as a "Priority Area" by the Region or Autonomous Province (list published in the regional Official Gazette).
- Thermal Spas: Subject to specific regulations due to additional risk from waters.
Reference and Action Levels (Art. 12): The annual average radon concentration must not exceed 300 Bq/m³.
- If concentration is < 300 Bq/m³: The Employer must prepare a report, integrate it into the DVR and repeat the measurement every 8 years (or after structural work).
- If concentration is > 300 Bq/m³: It is mandatory to adopt "corrective measures" (remediation) within 24 months, using a qualified Radon Remediation Expert, and verify effectiveness with new measurements.

Technical Deep Dive
The document contains Operating Guidelines for radon measurements in workplaces: sampling strategies, dosimeter placement and quality criteria according to UNI ISO 11665 standard.
How to Comply
The correct procedure to avoid sanctions
1. Measurement (Year 1)
The process begins with the installation of passive nuclear track dosimeters (small, non-invasive devices that require no power). The regulation (Art. 17) establishes that the measurement must represent the "annual average concentration". Therefore, it is necessary to monitor the environment for two consecutive semesters (or one full year). It is essential that dosimeters are placed by competent personnel or strictly following instructions from an Accredited Dosimetry Service.
2. Report and DVR Integration
At the end of monitoring, dosimeters are analyzed in the laboratory and a legally valid Test Report is issued. This document must be kept for at least 8 years. Results must be incorporated into the company's Risk Assessment Document (DVR), updating the section on physical/radiation risks. The certified date stamps compliance within legal deadlines.
3. Managing Exceedances
If the average concentration exceeds 300 Bq/m³, the Employer is obliged to engage an employee or external consultant qualified as a Radon Remediation Expert (surveyor, engineer or architect licensed). The Expert will design corrective measures (e.g., crawl space depressurization, forced ventilation) to be implemented within 24 months. Subsequently, a new measurement campaign will be required to validate the intervention's effectiveness.
Criminal Risks and Sanctions
Art. 238: Consequences of Non-Compliance
Arrest and Fines (D.Lgs 101/2020 Art. 238)
The sanctioning framework introduced by D.Lgs 101/2020 is among the most rigorous in occupational safety, equating radon exposure to that from artificial radioactive sources.
Failure to Assess (Art. 16): The Employer who fails to perform measurements within deadlines (24 months) is punished with arrest from 1 to 6 months or a fine from €2,000 to €15,000.
Failure to Remediate (Art. 17): If, following exceedance of 300 Bq/m³, corrective measures are not adopted or a Qualified Expert is not engaged, the penalty rises to arrest from 6 months to 1 year or fine from €5,000 to €20,000.
Failure to Communicate: Failure to submit data to the national database carries additional accessory administrative sanctions.
Criminal and Civil Liability of the Employer
The Employer's legal responsibility is personal and non-delegable. In case of development of lung diseases by an employee exposed long-term to high unmonitored values, the offense of Serious or Very Serious Negligent Injury (Art. 590 c.p.) or Negligent Homicide (Art. 589 c.p.) is configured, with multi-year prison sentences.
Furthermore, the company itself may be held liable for Administrative Liability of Entities (D.Lgs 231/2001), risking very heavy pecuniary sanctions and prohibition from conducting business, if it is shown that savings on safety costs (failure to measure) benefited the company.
Activity Suspension and Oversight
Oversight bodies (ASL, ARPA, National Labor Inspectorate) have the power of immediate prescription. In the presence of serious risk situations (e.g., very high concentrations without a remediation plan), they can order immediate suspension of work activity in the affected premises until safety conditions are restored, with consequent production stoppage and incalculable reputational damage.
Frequently Asked Questions for Businesses
Answers to common Employer questions
I have an office on the first floor, do I need to measure?
Generally, the direct legal obligation (Art. 16 D.Lgs 101/2020) focuses on underground premises, semi-basements and, in priority areas, ground floors. However, Radon gas moves by pressure differential and can rise to upper floors through elevator shafts, flues or service passages (stack effect). Although there is no explicit obligation for the first floor (unless by local ordinances), the Employer still has the general obligation (D.Lgs 81/08) to assess all risks. Voluntary measurement is the best way to rule out risks and protect against future litigation.
How much does measurement cost for a business?
The cost of measurement is absolutely affordable and represents a minimal fraction of business operating costs. The amount depends on the number of measurement points needed, which varies based on premises area, compartmentalization (number of enclosed rooms) and type of foundations. An expert technician will calculate the minimum number of dosimeters to ensure compliance with UNI ISO 11665 standard. Contact us for a no-obligation personalized quote.
What happens if I sell the business?
The radon risk assessment report is an integral and substantial part of the Risk Assessment Document (DVR). During business sale or lease, the notary or buyer may request proof of compliance. Lack of such documentation can be contested as a hidden defect or safety irregularity, reducing property value or blocking the transaction until regularization (which requires at least one year of measurements).
Can the RSPP perform the measurement?
No, unless the RSPP is also an Accredited Dosimetry Service (which is very rare). The RSPP's role is to schedule the intervention and manage documentation, but physical measurement and test report issuance must be entrusted to qualified laboratory organizations with certified instrumentation. "DIY" with amateur instruments has no legal value and does not protect the Employer from sanctions.
What are "Priority Areas"?
Priority Areas are specific municipalities or entire provinces identified by Regions (through publication in the Official Gazette) where the probability of exceeding the reference threshold is higher. In these zones, the obligation to measure Radon automatically extends also to all workplaces located on the ground floor, in addition to underground and semi-basement premises.
Are dosimeters dangerous for workers?
Absolutely not. Passive dosimeters (CR-39) are small plastic devices (similar to small boxes) that are totally inert. They emit no radiation, contain no hazardous chemicals, make no noise and require no electrical power. They simply "passively record" the passage of radon alpha particles on their surface.
What should I do if workers ask for information?
The Employer has the obligation to inform workers about health risks and protection measures adopted (including radon assessment). It is good practice to communicate the start of the measurement campaign, explaining that it is an action to protect their health and safety, not monitoring of their work. Transparency avoids unjustified alarm.
Do I have to close the business for remediation?
Almost never. Remediation techniques (soil depressurization, ventilation etc.) are generally minimally invasive and can be performed while work activity continues, perhaps scheduling noisier interventions during non-working hours. It is not necessary to evacuate the premises.
How often must the assessment be updated?
If values are below 300 Bq/m³, the assessment must be repeated every 8 years. However, it must be updated immediately if structural work is performed on the building (thermal insulation, floor refinishing, modifications to ventilation systems) that could alter the building's balance and favor radon entry.
Who checks if I have performed the measurement?
The bodies responsible for oversight are the ASL (Prevention Department), ARPA, National Labor Inspectorate (INL) and Carabinieri (NAS/NOE). Inspections can occur ex officio (randomly) or upon report by RLS (Worker Safety Representatives). Failure to produce the test report results in immediate contestation of the offense.
Get Compliant Today
Don't wait for an inspection. Protect your business and employees from Radon risk.
