La tutela della salute e sicurezza dei lavoratori ai tempi della pandemia da Covid-19 (e oltre)

Abstract

Among the questions object of the doctrinal debate on the measures that dealt with the health and safety of workers during the Covid-19 pandemic, the theme of prevention measures for non-healthcare workplaces within the protocols shared with the social partners – initially proposed as simple recommendations, which later became mandatory and binding provisions – has received particular attention especially with regard to the effects that all this has inevitably had on the overall structure of the discipline’s sources. Starting from the assumption that the issuing of the special discipline on the risk of infection from Sars Cov-2 has defined ways of easier and more rapid implementation of the preventive duties impending on employers, the A. wonders about what could be the correct location within the corpus of rules that protect health and safety in the workplace. The argument supported is that the system of shared rules defined in the protocols has outlined a new special, exclusive and mandatory organization and management model, the scrupulous observance of which is able to ensure the fulfillment of the safety obligation pursuant to art. 2087 of the Civil Code, as explicitly recognized in the discussed art. 29 bis of the law no. 40/2020. Within this organization and risk management’s model, the participatory dynamics have assumed a completely new importance, not limited to the definition of the measures, but extended to their application and their possible updating, thanks to the establishment of special committees in which, alongside all the players in the corporate prevention systems, including Rls, the trade union representatives also sit. Beyond the composition and activity of the anticovid committees, it’s on the direct involvement of the confederal trade union and its company representatives intended to strengthen the level of effectiveness and efficiency of company prevention that we need to continue to reflect, trying above all to understand if whether it’s an option exclusively destined to be archived with the end of the pandemic or rather a precious heritage which must be definitively appropriated