Legal

Coronavirus: signature of an official protocol aimed at safeguarding workers in the workplace.

15 March 2020

Today labor unions, companies and the government have signed the protocol on worker safety against Coronavirus in the workplace.

The protocol defines and regulates the measures aimed at contrasting and containing the spread of Covid-19 virus in the workplace.

Companies are stimulated to reduce or suspend their activity, using social shock absorbers, agile work procedures and changes in their organization.

Shared measures against COVID-19 in the workplace spelled out in 13 points.

Here the insights

The company, through the most suitable and effective methods, informs all workers and anyone who enters the company about the provisions of the Authorities, delivering and/or posting at the entrance and in the most visible places of the company premises, special information leaflets.
– In particular, the information concerns:
o the obligation to remain at home in the presence of fever (over 37.5°) or other flu symptoms and to call your family doctor and the health authority
o the awareness and acceptance of the fact that they cannot enter or remain in the company and of having to declare it promptly if, even after entry, dangerous conditions exist (symptoms of influenza, temperature, coming from risk areas or contact with people positive for the virus in the previous 14 days, etc.) in which the Authority’s measures require them to inform the family doctor and the Health Authority and to stay at home
o the commitment to comply with all the provisions of the Authorities and the employer when entering the company (in particular, to maintain a safe distance, to observe the rules of hand hygiene and to behave correctly in terms of hygiene)
o the commitment to inform the employer promptly and responsibly of the presence of any influenza symptoms during the performance of the work, taking care to remain at an adequate distance from the people present

  • Before entering the workplace, staff may be subjected to a body temperature check1 . If this temperature exceeds 37.5°, access to the workplace will not be permitted. Persons in this condition -in compliance with the indications given in the note – will be temporarily isolated and provided with masks, they will not have to go to the Emergency Room and/or to the infirmaries, but they will have to contact their own doctor as soon as possible and follow his indications.
  • The employer informs the staff in advance, and those who intend to enter the company, of the foreclosure of access to those who, in the last 14 days, have had contact with individuals who have tested positive for COVID-19 or come from areas at risk according to WHO guidelines2.
  • For these cases, reference is made to Decree Law no. 6 of 23/02/2020, art. 1, letter h) and i).

1 The real time detection of body temperature implies processing of personal data and, therefore, must take place in accordance with the privacy regulations in force. For this purpose it is suggested to: 1) detect at temperature and not record the acquired data. It is possible to identify the person concerned and record the exceeding of the temperature threshold only if it is necessary to document the reasons that prevented access to company premises; 2) provide information on the processing of personal data. Please note that the information may omit information already in the possession of the data subject and may also be provided orally. With regard to the contents of the information notice, with reference to the purpose of the processing, prevention from COVID-19 contagion may be indicated and with reference to the legal basis, the implementation of the anti-accounting security protocols pursuant to Art. 1, no. 7, letter

d) of the Prime Ministerial Decree of 11 March 2020 may be indicated and with reference to the duration of any data storage, reference may be made to the end of the state of emergency; 3) define the appropriate security and organizational measures to protect the In particular, from an organizational point of view, it is necessary to identify the entities responsible for processing and provide them with the necessary instructions. To this end, please note that the data may be processed exclusively for purposes of prevention from infection by COVID-19 and must not be disclosed or communicated to third parties outside the specific regulatory provisions (e.g. in case of request by the Health Authority for the reconstruction of the supply chain of any “close contacts of a worker who has tested positive to COVID-19); 4) in case of temporary isolation due to exceeding the temperature threshold, ensure procedures to ensure the confidentiality and dignity of the worker. These guarantees must also be ensured in the event that the worker informs the office responsible for personnel that he or she has had, outside the company context, contact with people who have tested positive for COVID-19 and in the case of removal of the worker who develops fever and symptoms of respiratory infection and his or her colleagues during work (see below).

2    If a declaration is required to be issued attesting that the worker does not come from epidemiological risk areas and that there has been no contact in the last 14 days with individuals who have tested positive for COVID-19, please pay attention to the rules on the processing of personal data, as the acquisition of the declaration constitutes data processing. To this end, the indications referred to in footnote 1 above shall apply and, specifically, it is suggested that only data necessary, adequate and relevant to the prevention of COVID-19 infection should be collected. For example, if a statement on contacts with persons found to be COVID-19 positive is required, additional information about the positive person should not be requested. Or, if a statement is required on origin from epidemiological risk areas, additional information on the specifics of the location should not be required.

For the access of external suppliers, identify entry, transit and exit procedures, using predefined methods, routes and timing, in order to reduce the opportunities for contact with the personnel in force in the departments/offices involved.
– If possible, the drivers of the means of transport must remain on board their own vehicles: access to the offices is not allowed for any reason. For the necessary preparation of loading and unloading activities, the haulier must keep a strict distance of one metre.
– For suppliers/transporters and/or other external personnel, identify/install dedicated toilets, prohibit the use of employee toilets and ensure adequate daily cleaning.
– Access to visitors must be reduced as far as possible; if external visitors (cleaning, maintenance, etc.) are required, they must comply with all company rules, including those for access to company premises referred to in paragraph 2 above.
– Where there is a transport service organized by the company, the safety of workers must be guaranteed and respected along each trip.
– the rules of this Protocol extend to companies under contract that can organize permanent and temporary sites and sites within the production sites and areas- the company ensures the daily cleaning and periodic sanitization of the premises, environments, workstations and common and leisure areas
– in the case of the presence of a person with COVID-19 inside the company premises, they are cleaned and sanitised in accordance with the provisions of Circular no. 5443 of 22 February 2020 of the Ministry of Health and their ventilation
– end of shift cleaning and periodic sanitization of keyboards, touch screens, mice with suitable detergents must be guaranteed both in offices and production departments.
– the company, in compliance with the indications of the Ministry of Health in the manner deemed most appropriate, may organize special interventions/periods of cleaning using social “shock absorbers” (also by way of derogation)

  • it is mandatory that the people present on the farm take all hygiene precautions, in particular for the hands
  • -the company provides suitable hand cleansing equipment
  • frequent cleaning of hands with soap and water is

The adoption of the hygiene measures and personal protective equipment indicated in this Regulatory Protocol is fundamental and, given the current emergency situation, is clearly linked to the availability on the market. For these reasons:
a) The masks shall be used in accordance with the World Health Organization’s guidelines.
b) given the emergency situation, in the event of supply difficulties and for the sole purpose of preventing the spread of the virus, masks may be used whose type corresponds to the indications of the health authority
c) the preparation by the company of the detergent liquid according to the WHO guidelines (https://www.who.int/gpsc/5may/Guide_to_Local_Production.pdf) is facilitated
– if the work requires working at an interpersonal distance of less than one metre and other organizational solutions are not possible, the use of masks and other protective devices (gloves, glasses, overalls, overalls, etc.) that comply with the provisions of the scientific and health authorities is still necessary.

-Access to the common areas, including company canteens, smoking areas and changing rooms is restricted, with the provision of continuous ventilation of the premises, reduced stopping time within these spaces and the maintenance of a safety distance of 1 metre between the people occupying

-It is necessary to provide for the organization of the spaces and the sanitation of the changing rooms in order to leave places for the workers to store their work clothes and to guarantee them suitable hygienic and sanitary

-It is necessary to ensure periodic sanitization and daily cleaning, with special detergents in the canteen, the keyboards of the drinks and snack

“COMPANY ORGANIZATION (ROSTERING, TRANSFERS AND SMART WORK, REMODULATION OF PRODUCTION LEVELS)”]With reference to the Prime Ministerial Decree of 11 March 2020, point 7, limited to the period of emergency due to the COVID-19, companies may, with reference to the provisions of the national collective labor agreements and thus favor agreements with company trade union representatives:
– order the closure of all departments other than production or, in any case, those whose operation is possible through the use of smart work, or in any case at a distance
– A reshaping of production levels can be carried out
– ensure a shifts plan for employees dedicated to production with the aim of reducing contacts as much as possible and creating autonomous, distinct and recognizable groups
– use smart working for all those activities that can be carried out at home or remotely if social shock absorbers are used, also by way of exception, always evaluate the possibility of ensuring that they affect the entire company structure, if necessary also with appropriate rotations a. use as a priority the social shock absorbers available in compliance with contractual institutions (par, rol, hour bank) generally aimed at allowing abstention from work without loss of pay
– if the use of the institutions referred to in point (c) is not sufficient, holiday periods in arrears and not yet taken shall be used
– all national and international travel/business trips, even if already agreed or organized, are suspended and cancelled- Staggered entry/exit times are encouraged in order to avoid as much contact as possible in common areas (entrances, changing rooms, canteen).
– where possible, it is necessary to dedicate an entrance and an exit door from these premises and to ensure the presence of detergents indicated by appropriate indications

– Movements within the company site must be limited to the minimum necessary and in compliance with the company’s instructions
– Meetings in attendance are not permitted. If they are characterised by necessity and urgency, if it is impossible to connect remotely, the necessary participation must be reduced to a minimum and, in any case, inter-personal distance and adequate cleaning/action of the premises must be guaranteed.
– All internal events and all classroom training activities, even if compulsory, are suspended and cancelled, even if already organized; it is however possible, if the company organization allows it, to carry out distance learning, also for smart work workers
– Failure to complete the updating of the professional and/or qualifying training within the deadlines set for all the company’s health and safety roles/functions in the workplace, due to the emergency in progress and therefore due to force majeure, does not make it impossible to continue to carry out the specific role/function (by way of example: the emergency worker, both fire-fighting and first aid, may continue to intervene in case of need; the wheelbarrow driver may continue to work as a wheelbarrow driver)

– If a person present on the farm develops fever and symptoms of respiratory infection such as coughing, he must immediately report this to the personnel office, his isolation must be carried out in accordance with the provisions of the health authority and that of the others present on the premises, the farm shall immediately notify the competent health authorities and the emergency numbers for COVID-19 provided by the Region or the Ministry of Health.
– The company collaborates with the health authorities to define any “close contacts” of a person present in the company who has been found positive for the COVID-19 swab. This is to enable the authorities to apply the necessary and appropriate quarantine measures. During the investigation period, the holding may ask any possible close contacts to leave the establishment cautiously, as directed by the health authority.

Health surveillance must continue in compliance with the hygienic measures contained in the indications of the Ministry of Health (so-called decalogue).
–        during this period, priority should be given to preventive visits, on-demand visits and visits upon return from sickness

-periodic health surveillance should not be interrupted, because it represents a further general preventive measure: both because it can intercept possible cases and suspicious symptoms of contagion, and because of the information and training that the competent doctor can provide to workers to prevent the spread of contagion
in integrating and proposing all regulatory measures related to COVID-19, the competent doctor cooperates with the employer and the RLS/RLST.
The competent doctor reports to the company situations of particular fragility and current or past pathologies of the employees and the company provides for their protection in the respect of privacy the competent doctor will apply the indications of the Health.

A Committee for the application and verification of the rules of the Protocol is established in the company.

Copyright 2022 CORNO CTA SRL STP
VAT 00947490967 | Share capital: 100.000€ | Tax code 09206750151 | REA 1285358

Copyright 2021 Corno – Centro Terziario Avanzato s.r.l.
P.IVA 00947490967 | Capitale sociale: 100.000€ | C.F. 09206750151 | REA 1285358