Decree Law of 21 October 2021, no. 146 on “Urgent measures on financial and tax matters, to protect labour and for undeferrable needs” ( “Tax Labour Decree“), converted with amendments by Law 17 December 2021, no. 215, with the provisions contained in Article 13, has made some changes to Legislative Decree no. 81/2008 ( “Consolidated Law on health and safety in the workplace”). One of the main changes concerns the supervisor. Article 18 of Legislative Decree no. 81/2008 specifies that the employer and managers “must identify the supervisor(s) to carry out the supervisory tasks referred to in Article 19”, and “collective contracts and agreements may establish the supervisor remuneration for carrying out the tasks referred to in the previous sentence.” And in Article 19 of Legislative Decree no. 81/2008, the supervisor duties include “supervising and monitoring compliance by individual workers with their legal obligations and company regulations (…) and the use of collective protective measures and personal protective equipment made available”. If there is conduct that does not comply with the provisions and instructions given by the employer and managers, the supervisor shall,“ change the non-compliant conduct by providing the necessary safety instructions. If there is a failure to implement the instructions given or continuous non-compliance, work must be stopped and direct superiors informed“. If there are work deficiencies in the means and equipment or other dangerous conditions detected during supervision, the supervisor must temporarily interrupt the work and promptly inform the employer and manager of the non-conformities, “if needed.”
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