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Who are the workers?
In a general sense, the worker is a person who carries out a manual or intellectual activity in a context of production of goods or provision of services, carrying out his work for consideration or free of charge. In the specific norm for health and safety at work, the worker is more precisely defined as the "person who, regardless of the type of contract, carries out work in the organization of a public or private employer, with or without remuneration, even for the sole purpose of learning a trade, an art or a profession, excluding domestic and family service workers. " (Art. 2 D.Lgs.81 / 2008)
What are workers' rights in terms of safety at work?
Workers have the right to:
- have an RLS to protect their safety and represent them in this regard;
- use PPE compliant with the law and suitable for the tasks they perform;
- work in an environment where the risks have been adequately assessed and where all necessary measures have been taken to ensure that the dangers are avoided, mitigated or adequately addressed;
- use chemical, physical and biological agents to a limited extent;
- receive information and training, participate and be consulted on issues concerning safety and health in the workplace.
Furthermore the art. 44 Legislative Decree 81/08 protects workers who are in situations of serious danger, giving them the faculty both to leave the workplace and to take action to reduce the risk for themselves and others, even without the necessary skills , but only if it is impossible to contact the hierarchical superior.
What are the obligations of workers in terms of safety at work?
The main obligations of the workers (indicated in the Legislative Decree 81/2008) concerning safety at work are:
- collaborate with the employer, in compliance with the obligations set to protect health and safety in the workplace;
- comply with the rules and instructions that come from the employer regarding protection;
- adequately use equipment and work machinery, toxic substances, means of transport and safety devices;
- use protection devices correctly;
- immediately report any potential danger to the employer, striving to eliminate or reduce situations of serious and imminent danger;
- do not remove or modify security devices;
- not to act autonomously in operations or maneuvers that may involve risks for other workers;
- take part in the training and training programs provided by the employer;
- periodically undergo health checks at the competent doctor.
What basic training does the Worker have to do?
All workers - regardless of the level of risk within their company - must receive compulsory, adequate and adequate training in health and safety from their employer. This training for workers is made up of a part of General Training (which concerns all sectors or company departments and with a duration of not less than 4 hours) and a part of Specific Training (in relation to the risks related to tasks, to possible damages and to the consequent measures and procedures of prevention and protection characteristic of the sector or sector to which the company belongs, with a minimum duration varying from 4, 8 or 12 hours).
In low-risk companies the worker must carry out a course of 4 hours of general training and a course of 4 hours of specific training, for a total amount of 8 hours (also available in eLearning mode). In medium-risk companies, the worker must follow a total of 12 hours of lessons, of which 4 hours of general training and 8 hours of specific training. In high-risk companies, the worker must attend 16 hours total of lessons, of which 4 hours of general training and 12 hours of specific training.
General Training for Workers constitutes permanent training credit, can also be legally carried out in e-learning mode and requires a final verification in presence before allowing access to specific training, which can only be carried out with in-person training and it constitutes permanent training credit only if it derives from the attendance of professional training courses in professional training facilities or at professional training institutions accredited by the Regions and autonomous Provinces with duration and contents compliant with the Agreement.
What content should the general training course for workers have?
The general training course for workers proposes contents concerning general topics concerning prevention and safety at work:
- Concepts of risk, damage, prevention, protection
- Organization of the business system of prevention and protection
- Rights and duties of corporate subjects regarding security
- The institutional system and the supervisory, control and assistance bodies
How should the specific training of workers be provided?
The amount of specific training must be given to workers in accordance with the provisions of paragraph 4 of article 37 which states: "Training and, where applicable, specific training must take place on the occasion of: a) the establishment of the relationship of work or the start of use in the case of work administration; b) transfer or change of duties; c) the introduction of new work equipment or new technologies, new dangerous substances and preparations ".
What update course does the worker have to take?
The agreement between the State and Regions of 12/21/2011 governs the procedures for updating workers, which are required to periodically update for 6 hours every 5 years, which can also be done in eLearning mode. The content of the refresher courses must cover subjects other than those of the basic course such as:
- legal-regulatory insights
- technical updates on the risks to which workers are exposed
- updates on organization and security management in the company
- sources of risk and related preventive measures
From 26 January 2012, the employer can no longer self-certify the training or take a training report inside the company, since all training must be provided through training courses that comply with the requirements specified in the State-Regions agreement of December 2011.