Dalla contrattualizzazione della prevenzione del rischio del prestatore nel lavoro, all’antropocentrismo della persona nel lavoro sostenibile. Il “vedo e rilancio” della tutela contro la malattia che volle farsi diritto alla salute

Abstract

Manifold factors, sometimes linked to each other, have determined a potentially dangerous contamination between work in life and life in work.
Among the most relevant: we can recall 1-The destructuring of the old organizational style of twentieth-century industry and the advent of new types of market in which to carry out a job; 2-the pulverization of production processes and the employment discontinuity that derives from this; 3-the dissolution of the gaps delimiting the time of work from the time referred to the life activities of the worker; 4-the incessant increase in life expectancy, together with the ineffable needs to contain the amount of public spending allocated to social security.
Since the dawn of time, labor law doctrine has approached the issue of safety at work with typical tools of contract law: a) identification of the factual situation, b) assessment of damages, c) identification of the causal link, d) determination of compensation.
Subsequently, the same had to begin to discuss safety at work.
Today, especially in light of the upheavals mentioned above, the discussion involves broader latitudes. The inference of new pathologies, often long silent, apparently hidden and at first glance difficult to connect to the type of work performed. Or health conditions that are certainly not such as to interrupt the relationship, but adequate to require a personalized approach in the management of the employment relationship, take on importance.
The result of this process certainly goes beyond the proclamation that health is something other than the absence of disease, but, rather, of the increasingly narrow porosity between occupational health and public health.
Having identified this trait d’union, the context of the actors involved in providing the necessary guarantees for the protection of health broadly understood also changes, with an increasingly necessary synergy between private employers and public decision-makers.