The Italian Constitution already provides for the protection of health and work, it is also established that the freedom of economic initiative can take place anywhere there is no damage to safety.
The Legislative Decree no. 81 of 9 April 2008 and subsequent amendments is the leading legal instrument for the OHS discipline, it is called “Testo Unico Sicurezza”.
This decree identifies a series of rules for the protection of the health of all workers, and those equivalent to them.
Measures relating to risk assessment and prevention, the obligations and rights of workers and employers, as well as previous legislation on the subject, are prescribed within the Testo Unico Sicurezza.
The Employer (DL) is responsible of the established relationships with the employees, and more generally is the subject who exercises decision-making and spending powers.
The latter assesses the risks, identifies the preventative measures (setting up the relevant company department and appointing the responsible manager) and provides informations concerning the risks.
He designates the appointed physician, if required by the law: the obligation originates when the company is required to carry out preventative and recurring checks on the status of workers’ wellbeing.
These checks are called Compulsory Health Surveillance (SSO).
The employer may also delegate some of his tasks to managers and supervisors.
The latter is especially a person with professional skills and by reason of these he oversees the working activity and ensures the implementation of the received instructions.
Among his duties and obligations, it is worth mentioning the need to ensure that all workers comply not only with the regulations in force, but also with the company provisions on safety, hygiene, the use of Personal Protective Equipment (PPE), and Collective Protective Equipment (PED), which are provided to them by the company.
The worker, on the other hand, is the one who is employed by a DL, and is the holder of rights, but also of duties: for example, they can also be prosecuted for violation of provisions that have an effect on his own health and safety or that of others, with the risk of being punished with a fine or even imprisonment.
A local safety representative (RSL) is appointed within each company or production unit, the number of which depends on the number of employees (from 1 to 6 at most).
This is a profile that requires a certain degree of training and can be appointed by the workers themselves or at local level.
The rationale behind this figure is to have a role of coordination and consultation between workers and managers, maintaining good relations between the two.
In addition to this, the company also provides for a risk Prevention and Protection Service (SPP), which is made up of the DL, the RSL and the responsible head of the service itself (RSPP).
The latter is an individual with specific professional skills, as defined by the law and suited to the specific risks of the carried out activities.
Within the Service there are also security personnel.
In terms of safety, there is frequent talk of danger and risk, two fundamental concepts, as defined by Art. 2 of the Legislative Decree 81/08.
Specifically, a risk is the “probability of reaching the potential level of damage, under the operating conditions or exposure to a given factor or agent”.
So-called transversal organisational risks depend on situations connected with the organisation of work, tasks and shifts; accident-related risks, which are those factors that can compromise the safety of the worker while performing his duties (non-conformity of load, fire, flooding, etc.); and finally, environmental hygiene risks, which are generally all those that are able to compromise the health of workers, in the event of a sustained exposure.
They can also be classified by risks that can be eliminated, reduced, retained or transferred.
The consulting service on occupational health and safety is often provided in combination with the so-called corporate liability 231 service.
The latter includes the elaboration of an organizational model 231 (preceded by the phases of correct evaluation of the internal control and risk assessment system), which is defined by its specificity, suitability, adequacy and efficiency, and represents an instrument of protection both for top management and for the protection of employees.
In conjunction with the Code of Ethics, it’s an indispensable component of the preventative control system.
In this context, professionals in the OHSAS area promote the implementation of the “cindinic” model, adhering to the indications provided by the very recent ISO 45001 certification system.
P&S Legal supports business organizations before the courts (see in this regard the provisions of Article 25 septies of Legislative Decree 231/2001), executives and staff in a senior or subordinate position, persons in charge of the prevention and protection service, delegates, competent doctors, workers, outside contractors and the like, with regard to criminal and civil or administrative proceedings concerning OHS matters.
Likewise, the Firm’s professionals are currently working in various single and collegial Supervisory Bodies (Organismo di Vigilanza) as well as providing ongoing advisory services on CSR and corporate responsibility matters, with respect to the new provisions introduced by the Legislative Decree nr. 254/2016 about Non-financial reporting.