Italian Court Ruling Turns on What Workwear Actually Does, Not What the Label Says

A 2022 decision from Italy's highest court is reshaping how employers and inspectors decide whether a jacket or vest counts as protective equipment — and it has already landed on the national labour inspectorate's checklist.

At issue is a distinction that keeps surfacing in workplace safety planning: where ordinary staff clothing ends and personal protective equipment (PPE) begins. The Italian Supreme Court of Cassation addressed the question in an ordinanza (n. 29720) dated 11 October 2022, and its answer hinges on function rather than marketing.

Judges held that work clothing with a protective function can be classified as PPE provided the employer's own risk assessment identifies it as such. What governs the classification is the garment's actual role in shielding workers from workplace hazards. Neither a manufacturer's commercial categorisation nor its own product definition is binding.

The ruling draws a firm line in the other direction as well. Plain workwear and uniforms that offer no specific protective effect stay outside the PPE category. The test, in every case, is the protection a garment is meant to deliver against concrete day-to-day risks.

The court's reasoning puts the emphasis squarely on your risk assessment — if it doesn't document a garment's protective function, the classification won't stand up to scrutiny. A free toolkit gives you ready-to-use templates and checklists so every hazard, including protective clothing, is properly recorded and defensible. Download the free Risk Assessment Toolkit

What Changes for Employers

Once a piece of clothing qualifies as PPE, a broad set of duties kicks in. Italian employers must see to proper maintenance, regular cleaning and timely replacement in line with manufacturer instructions. Warn vests and weatherproof jackets are among the items caught by the obligation.

Those duties now feed directly into enforcement. The Ispettorato Nazionale del Lavoro, Italy's national labour inspectorate, has added the assessment to its checklist for company inspections. Inspectors will be looking specifically at whether employers manage the full lifecycle and care of protective textiles according to the maker's specifications.

Standards in the Detail

Classifying a garment as protective also demands close attention to product standards. EN ISO 20471 is the benchmark for high-visibility warning clothing, setting precise minimum surface areas for fluorescent background material and for retroreflective strips.

Printing added after manufacture can put conformity at risk — for instance if it covers fluorescent panels, sits on top of reflective strips, or pushes the garment below the required minimum areas.

The protection levels themselves must not be conflated. EN 17353 covers only enhanced visibility at medium risk and is neither legally nor functionally equivalent to the full EN ISO 20471 standard.

Solid documentation in the workplace risk assessment is therefore the foundation for legally sound protective measures — and for actually delivering the protection employees are owed.

Keeping on top of PPE, maintenance schedules and inspection paperwork is where many employers come unstuck. A free Health & Safety Toolkit bundles the risk assessments, checklists and templates you need to stay compliant and protect your workforce — trusted by over 37,000 UK businesses. Get the free Health & Safety Toolkit