Law 215/2021 and the figure of the proposed

Work-related injuries are a major social and economic issue worldwide. Every year, millions of workers are injured or lose their lives as a result of workplace accidents. These tragic events have profound consequences for the workers, their families, and the businesses involved.

Analysis of accident dynamics shows us that a large proportion of accidents can be attributed to the human factor and the interaction with risk factors present in work activities; therefore, we can intervene by training workers before they are faced with a dangerous situation that can result in an injury.

The training of workers is a key factor in the development of the workplace.

Training is a crucial process within the company: it enables workers to acquire the knowledge, skills and behaviors necessary to do their jobs safely and handle unexpected situations. Training is a key measure for effectively countering certain worker behaviors that can lead to risky situations. It is essential to consider training as a safety measure equal to Personal Protective Equipment, playing an indispensable function in the control of work hazards.

One of the main safety figures in the company who can promptly intervene to stop or mitigate risks arising from incorrect behavior is the Preposto. Legislative Decree 81 of 2008 defines the person in charge as the person who, based on professional competence, supervises the work activities of others by verifying that they are properly performed by workers. Law L.215/2021 introduces important changes regarding the figure of the person in charge, more clearly defining his or her duties and responsibilities, making his or her role fundamental to the implementation of an effective safety management system. In addition, the new legislation requires the Person in Charge to have additional special training specific to properly perform his or her role, providing adequate skills to identify risks and implement the necessary preventive measures.

The duties and obligations of the person in charge are written in Article 19 of Legislative Decree 81 then supplemented by Law 215/2021 and are:

1. Supervise and supervise individual workers' compliance with their legal obligations, with the company's occupational health and safety regulations, and with the use of PPE and PPE made available to them and, in case of detection of behavioral nonconformities, intervene to change the nonconforming behavior by providing the necessary safety instructions. Should the worker fail to implement what the supervisor says, the supervisor must stop the worker's activity and inform the direct superiors;
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2. Make sure that only workers who have received appropriate instructions access areas that expose them to a health or safety hazard;
3. Require observance of measures to control risk situations in case of emergency and instruct that workers, in case of serious, immediate and unavoidable danger, leave the workplace or hazardous area;
4. Inform as soon as possible workers exposed to the risk of serious and immediate danger about the risk itself and the arrangements made or to be made for protection;
5. To refrain, except for duly justified exceptions, from requiring workers to resume their work in a work situation where serious and immediate danger exists;
6. Report promptly to the employer or manager both deficiencies in work means and equipment and personal protective equipment, and any other dangerous conditions occurring during work, of which he/she becomes aware on the basis of the training received;
7. Temporarily stop work in the event of the detection of any hazardous condition detected during supervision, deficiencies in the means and work equipment if necessary and, in any case, promptly report to the employer and the manager any non-compliance detected;
8. Attend appropriate training courses.
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The training of the person in charge is a key element in ensuring effective management of workplace safety. The training stipulated in Art.37 of Legislative Decree 81/2008 was amended by Law 215/2021, which emphasizes the importance of adequate preparation for the Persons in Charge, so that they can assume their responsibilities in a knowledgeable and competent manner and have effective communication to workers.

The additional training course for Preposti has the duration of 6 hours every 5 years and the agreement of 21/12/2011 provides for the possibility of conducting much of the course in e-learning mode. However, considering the importance of the figure, it is not possible to conduct the entire course in e-learning mode but a classroom part is planned. The course to be conducted in presence is the most delicate one and focuses on:

• Assessment of the company's risks, with particular reference to the context in which the person in charge works;
• Identification of technical, organizational and procedural measures of prevention and protection;
• Techniques for communication and sensitization of workers, especially workers most exposed to accidents (newly hired, foreigners and temporary workers);
• Methods of exercising the function of monitoring workers' compliance with legal and corporate provisions on occupational health and safety, and the use of collective and individual means of protection made available to them.

Currently, the training of the person in charge is still not well understood and known; the new law leads to the conclusion that the novations on the training of the proposed will come into force with a new State-Regions agreement but, currently the indications in terms of content, duration and periodicity of the training of the person in charge provided by the State-Regions Agreement of 21/12/11 remain in force.

Worker training and the figure of the Person in Charge play a central role in the creation of a safe work environment that complies with current regulations. State-Regions Agreements and Law L.215/2021 have made even more evident the importance of investing in workers' training and in the preparation of the Person in Charge.  Only through a constant commitment by the state to prevention and an effective response by companies and corporate safety figures is it possible to maintain safer work environments while protecting the health and well-being of employees.

Sources:

https://www.vegaformazione.it/PB/preposto-sicurezza-nomina-responsabilita-ruolo-obblighi-p183.html#A2

https://tussl.it/titolo-i-principi-comuni/capo-iii-gestione-della-prevenzione-nei-luoghi-di-lavoro/sezione-i-misure-di-tutela-e-obblighi/art-19;

About the dynamics, risk factors and causes; INAIL; 2017;

https://www.puntosicuro.it/preposti-C-74/legge-n.-215/2021-come-cambia-la-sicurezza-AR-22213/

https://www.puntosicuro.it/sentenze-commentate-C-103/l-importanza-della-formazione-nel-determinismo-dell-infortunio-di-un-lavoratore-AR-21452/