There are many innovations introduced by Legislative Decree 81/08, implemented by the EC directives, in order to combat offenses committed in the workplace and protect the safety of workers.
The formulation of the new article 14 of Legislative Decree 81/08 is important, especially with regard to additional sanctions in addition to the suspension of activity. Today it has a greater impact on companies, and we address some points that we consider particularly focal.
We report the following:
“… in order to put an end to the danger to the health (9) and safety of workers, as well as to combat irregular work, the National Labour Inspectorate shall adopt a suspension measure…”
The suspension of activity seems to be indefinite or at least until it is lifted after the regularization of the enterprise requested by the inspection body that intervened to carry out the checks.
Therefore, those companies that, as a result of inspection access, either use 10% of non-regularized workers or use an incorrect form of pararegulation, which is precisely the use of self-employed workers without having carried out the necessary prior communications to the competent body, are sanctioned.
Paragraph 2 then indicates what the suspension period entails:
“For the entire period of suspension, the company is prohibited from contracting with the public administration and with the contracting stations, as defined by the code of public contracts, referred to in Legislative Decree 18 April 2016, n. 50 … “
Si is a very strong sanction that limits the company in the performance of its activity also with the PA sector but not only. Workers affected by the suspension still have the right to receive remuneration but also to the contribution payment thus effectively interrupting the synallagmatic effect in the employment relationship between work performance and payment of remuneration.
“The National Labour Inspectorate shall adopt the measures referred to in paragraph 1 through its inspection staff in the immediacy of the investigations and, upon notification from other administrations, within seven days of receipt of the relevant report.”
That is, in the case of inspection access not directly linked to the INL but to third parties, the reporting of the irregularities mentioned above could provide for the suspension measure. This removes any doubt to the roles and competences of other bodies. In fact, from a first reading, with reference to paragraph 1, the interpretation would be that only the INL could have established the infringements referred to in Article 14 Annex I.
The D.L has also intervened on art. 18, 19 and 37 of the Consolidated Security Act
Compared to the previous legislation, today the Employer is not only responsible for safety in the workplace but must be part of a process of improvement of safety conditions where Article 18 introduces the letter b-bis) inherent in the figure of the person in charge with the responsibility and obligation on the part of the employer to identify it and not only. Article 19 must strengthen the figure of the person in charge who is required to intervene, providing the necessary safety indications, to modify the behavior that does not comply with the safety rules in the workplace.
But there is also the obligation of training, a fundamental aspect for the prevention of accidents at work, establishing that in addition to managers and supervisors, employers also receive adequate and specific training and periodic updating, depending on the work and the tasks performed, in the field of health and safety. With art. 37 we speak of training with particular reference to the addition of some novelties present in paragraph 5 and precisely:
“The training is carried out by an experienced person and in the workplace. The training consists of the practical test, for the correct and safe use of equipment, machines, plants, substances, devices, including personal protection; the training also consists of the applied exercise, for safe working procedures. The training interventions carried out must be traced in a special register, also computerized. (9)”