(Dr. Charles Teri-Inspector of Labour)
extend brief remarks on the corrective decree on security on from work recently approved and promulgated, the exclusive result of the thought of this writer.
As you know the Decree 81 of April 9, 2008, in force since 15.05.2008, health and safety at work and in practice has the story including the previous legislation is now being reviewed by 626/94 corrective decree in the said Decree is revolutionizing the original assumption that the legislative floor.
on 306 articles of Decree No. 81/2000 have been modified over 130.
Apparently the intention of the legislature tends to simplify the text only, but the original structure of the legislation is significantly affected.
Among the significant changes apparent to the repeal of the ban on medical examination prior to the assumption by the medical officer of the company (Article 41, paragraph 3, letter a) specifications, as laid down in Article 5 of L300/70 (Workers' Statute). Impressed a real narrowing of the likelihood of employee health record ( because of the changes and cancellation of certain paragraphs of Article 25 of that Decree No. 81/08), it also identifies the analysis and a corrective reading of a reduction of the structure of employee training booklet. Compress the protection of workers ineligible for the job. You do not surrender to the most representative workers' safety, the Risk Assessment Document (DVR), and the drafting of that document refers to 90 days of taking productive. Indeed, in enterprises with substantial contributions of risk is important that the risk assessment prior to the commencement of the activity. It relies basically on the employer la scelta dei criteri di redazione del DVR, secondo principi di “comprensibilità, semplicità e brevità”. Scompaiono le azioni d’intervento da parte delle RSU (rappresentanze sindacali unitarie) alle quali vengono sottratte oggetti di contrattazione in materia ad oggi di loro pertinenza quale carichi di lavoro, turni, riposi notturni e settimanali, ferie, ecc) traslando tutto ai soli RLS-
Si cancella l’obbligo del datore di lavoro  (articolo 18, comma 1, lettera a) di dovere a norma comunicare all’Inail il nominativo (ove presente) del responsabile della sicurezza dei lavoratori interno all’azienda , prevedendo in mancanza di questa comunicazione , che la rappresentanza is exercised by the workers' representative for the territorial security. The current legislature with amending decree states that workers have to notify the employer has not elected its head of internal security and therefore the employer will communicate that fact, no longer to 'Inail, but rather the joint bodies, whose bodies (they are also classic expression of the employers' side) and it is not yet established in most of the country ..
With Article 2 bis of the decree in question also gives bilateral bodies to certify the proper implementation of technical standards and appropriate action to be taken, and actually compress the responsibilities of employers and managers, who may not respond to the effects of new rules of the death or injury if the event is due to a charge, designer, competent doctor, worker, self-employed (Article 15a). This reduces most of the penalties for employers, managers and responsible, and against the workers are assigned responsibilities (see Article 59 of Decree corrective).
On the signal is significant that the legislative responsibilities of accidents can be attributed to the worker and not the one who organizes the production.
Matter of workers' safety with the corrective undergoes marked a turning point in my opinion. With the Supreme Court Judgement No 18998 of May 6, 2009, determined that the mistakes made by workers for injuries on the job, do not erase the guilt of the company. With the introduction of corrective action in other pronunciations jurisprudential analysis we have to wait to see if the structure of protection for the parties has changed and whether the applicable standards for safety at work have actually suffered substantial disruptions in the past.
(Dr. Charles Teri - labor inspector - Cit. Previdenza.it La)
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