Decree Law no. 149/2020 ( “Ristori-bis Decree”), the Italian legislation has implemented Directive 2020/739 of 3 June last (the “Directive“). The latter has amended Annex III of Directive 2000/54/EC on the protection of workers from health risks and safety arising, or likely to arise, from exposure during normal work to biological agents identified in the document. The new Coronavirus (“Covid-19“) has been classified as an agent responsible for serious diseases in humans, presenting a significant risk to older workers and those with a previous or chronic illness. Covid-19 is included in the list of biological agents that can cause infectious diseases in humans (biological agent – risk group 3). As a result of the Directive implementation the Legislative Decree has been amended. 81/2008 ( Consolidated Law on health and safety at work). The requirements imposed on employers who carry out activities that expose workers to this risk become stricter. Priority is given to laboratories, veterinary services and industrial processes involving the use of or exposure to the biological agent. Other employers cannot be considered completely excluded, since, under art. 28 of Legislative Decree 81/2008, the assessment under art. 17 of the same decree must concern “all risks to workers’ safety and health.”
Other insights related:
Il diffondersi del nuovo virus COVID-19 (cd coronavirus) impone alle aziende di aggiornare il Documento di Valutazione dei rischi (cd DVR), tracciando il nuovo rischio biologico ad esso collegato. Ciò in quanto il datore di lavoro: (i) ai sensi dell’art. 2087 cod. civ., ha il dovere di apprestare tutte le misure di sicurezza al fine di garantire l’integrità fisica e la personalità morale dei dipendenti e (ii) ai sensi del D.Lgs. 81/2008 ha la responsabilità di tutelare i lavoratori dall’esposizione a rischio biologico con la collaborazione del Medico Competente, ove presente. Il datore di lavoro deve individuare misure di prevenzione e prevedere sessioni formative specifiche per i lavoratori coinvolti. Resta inteso che tra le misure di prevenzione da implementare vi sono quelle fornite dal Ministero della salute, tra le quali si annoverano le seguenti: (i) lavarsi frequentemente le mani; (ii) evitare contatti ravvicinati con persone che soffrono di infezioni respiratorie acute; (iii) non toccarsi naso, bocca e occhi con le mani; (iv) pulire le superficie con disinfettante a base di cloro o alcol; (v) evitare contatti con persone che presentano sintomi simil influenzali.
News regarding the spread of Novel Coronavirus (2019-nCoV) require companies to take measures to prevent the risk of infection as far as possible, since, as it is known. In accordance with the Italian applicable law, the employer:
– pursuant to article 2087 of the Italian Civil Code, has the duty to provide all security measures to ensure the physical integrity and moral personality of the employees, and
– pursuant to Legislative Decree 81/2008, has the responsibility to protect workers from exposure to biological risk with the collaboration of the competent doctor, where present).
In this respect, it should preliminarily be noted that, in our continent, at the time, there is no sign of the spread of the epidemic, as cases of coronavirus are sporadic and not alarming. As far as the territory of Italy is concerned, the Ministry of Health stated that “the virus circulation does not exist”.
The risk of transmission, therefore, is to be considered remote, except for those who have close and long-lasting contacts with sick subjects.
Cautions must be taken in particular with regard to employees (both on-site or travelling) who, due to their duties, have relations with “Eastern Countries” and mainly with people from the areas of China where the epidemic is ongoing.
Due to the above, in accordance with the indications provided by the Italian Ministry of Health, employers must provide employees who work closely with the public with guidelines to prevent the spread of the virus, using the standard hygiene measures to limit the geographic spread of respiratory transmitted diseases, such as:
– wash hands frequently;
– pay attention to surface hygiene;
– avoid close and long-lasting contacts with those who present flu-like symptoms.
According to the Ministry of Health, if, during the work relationship, somebody gets in contact with a person who meets the definition of a “suspicious case” as defined by the circular issued by the Ministry of Health on January 27, he/she has immediately contact the health services and report that it is a suspicious case of 2019-nCoV.
While waiting for the medical staff to arrive:
– avoid close contact with the sick subject;
– provide her/him with a surgical mask;
– wash hands thoroughly and pay attention to body surfaces that may have come into contact with fluids (respiratory secretions, urine and faeces) of the sick subject;
– ask to the sick subject to throw away the used napkins directly in a waterproof bag. The bag will be discarded with the infected materials produced during the medical activities of the rescue staff.
To prevent the risk of infection, the employer is required to adopt procedures and provide the employees with hygiene instructions.
De Luca & Partners Compliance Department is at your complete disposal to provide you with the necessary support.
For further information and details, please contact Elena Cannone, Focus Team Compliance coordinator.
