The acronym HSE stands for Health, Safety & Environment.  In the corporate context, HSE indicates the set of processes and practices aimed at ensuring the protection of the health and safety of workers and the protection of the environment. In other words, HSE management is concerned with preventing accidents and occupational diseases, ensuring safe working conditions and protecting the environment both inside and outside the company.

From an organizational point of view, adopting an HSE approach means developing policies and procedures that integrate occupational health and safety with environmental protection. This multidisciplinary approach has become increasingly important: companies today pay great attention to compliance with safety and environmental regulations, as well as worker well-being and sustainability. An effective HSE management system contributes not only to complying with legal obligations, but also to improving productivity and corporate image, reducing accidents, risks and costs related to penalties or injuries.

Within the organization, the figure who coordinates and supervises these aspects is commonly called the HSE Manager (sometimes also known as Safety Manager or Safety Manager, especially in international contexts). In reality, there are different professional roles in the HSE field, as also defined by specific regulations and standards: in particular, the technical legislation identifies both the HSE Manager and the HSE Specialist as key profiles in the management of Health, Safety and the Environment. In the following paragraphs we will analyze the meaning of these figures and how they differ from the role of RSPP provided for by Italian legislation.

Role of the HSE Manager and HSE Specialist

In many companies, especially medium-large ones, the HSE Professional is the figure in charge of supporting the organization in the overall and integrated management of all processes in the Health, Safety and Environment fields. This professional figure works transversally to ensure that company activities comply with workplace safety and environmental protection standards, helping the company to achieve its HSE objectives.

In recent years, there has been a need to clearly define the skills and requirements of these professionals. To this end, the Italian standardization body UNI has issued a specific technical standard that frames the roles of the HSE Manager and the HSE Specialist, distinguishing their responsibilities and skills. Let’s see what this rule provides for and what the two profiles consist of.

UNI 11720:2025 standard and HSE profiles

The UNI 11720:2025 standard (which updates and replaces the previous version of 2018) defines the requirements relating to the professional activity of the “HSE Professional”, i.e. the role in charge of managing health, safety and the environment in the company in an integrated manner. In particular, the new edition of the standard outlines two distinct professional profiles for HSE professionals:

• HSE Specialist – an operational/specialist level profile;

• HSE Manager (Manager HSE) – a managerial/executive level profile.

This division into two levels represents a development compared to the past. The 2018 version of the standard distinguished between a Strategic HSE Manager and an Operational HSE Manager. With the 2025 update, the logic of the two levels of the same managerial profile is overcome in favor of two well-defined professional figures, the Specialist and the HSE Manager, each with their own area of autonomy and competence. The distinction recognizes on the one hand a figure more oriented towards managerial aspects and strategic coordination (HSE Manager), and on the other hand a figure more focused on  the technical-operational aspects  of HSE (HSE Specialist).

Below we delve into the typical roles and responsibilities of the HSE Manager and the HSE Specialist as outlined by technical practices and regulations. It is important to underline that, although these roles are recognized by UNI standards, no Italian law formally obliges companies to appoint an HSE Manager or HSE Specialist. The adoption of these figures is the result of organizational choice and good business practices, driven by the growing importance given to safety and the environment.

For further insights on the topic, we invite you to visit the official website UNI – Ente Italiano di Normazione

HSE Manager: skills and responsibilities

The HSE Manager is the reference professional who operates at managerial level  in the management of Health, Safety and the Environment. In practice, this role has an overall and strategic vision:  it supports top management in developing HSE policies, defining objectives and improvement plans and ensuring that the culture of safety and environmental sustainability is widespread in the organization.

According to the UNI standard, the HSE Manager has advanced knowledge of legislative, regulatory and organisational matters in the areas of health, safety and the environment. He is able to interpret and apply the numerous laws and technical standards of the sector and to integrate HSE requirements into business processes. In addition to technical skills, this figure must have strong management and interpersonal skills, leadership qualities  and coordination skills.

Among the main responsibilities of the HSE Manager are:

• Elaboration of the company’s HSE strategy: together with the Management, it defines health, safety and environmental policies, improvement objectives and intervention programmes.
• HSE management system: develops, implements and monitors management systems (es. ISO 45001 for occupational safety, ISO 14001 for the environment), ensuring compliance with standards and continuous improvement.
• Coordination of HSE resources and activities: supervises the work of HSE Specialists and any ASPPs (Prevention and Protection Service Officers) or other specialists, coordinating risk assessment, inspections, operational controls and internal audits.
• Training and awareness-raising: promotes the HSE culture in the organisation, plans and approves training programmes for workers on safety and the environment, organises awareness campaigns on HSE issues.
• Interface with external bodies and compliance: represents the company in relations with control bodies (ASL, ARPA, Fire Brigade, etc.) and with certifying bodies, ensuring that the company is always in compliance with legal obligations (e.g. environmental authorizations, periodic checks) and prepared in case of inspections.
• Performance monitoring and reporting: analyses HSE performance indicators (accidents, near-misses, environmental emissions, etc.), periodically reports to the Management on the progress and effectiveness of the measures adopted, proposing any corrective measures.

In essence, the HSE Manager has a managerial role: he makes decisions independently on HSE operational aspects and influences the company’s strategic decisions on safety and the environment. This figure is often part of the management team and helps to ensure that production or business objectives are achieved without ever compromising worker safety and environmental protection.

HSE Specialist: skills and responsibilities

The HSE Specialist is a professional figure who operates at a more operational and technical level  than the Manager. While always working in the Health, Safety, Environment field, his focus is on  the practical and specialized activities  necessary to keep workplaces safe and business operations compliant with current regulations.

According to UNI 11720:2025, the HSE Specialist must have in-depth technical knowledge of the risks and prevention measures in the various company production processes. He/she has specific skills on machinery, plants, hazardous substances, work procedures and knows how to identify the most appropriate technical solutions to mitigate risks. In addition, good interpersonal and communication skills are required, for example to negotiate improvement interventions with department managers and to effectively train operational staff.

Typical HSE Specialist duties include:

• Risk identification and assessment: analyzes production processes in detail and identifies safety and environmental hazards. He/she collaborates in the  company’s Risk Assessment, bringing the technical skills necessary to assess specific risks (chemical, mechanical, ergonomic, environmental, etc.).
• Definition of preventive and protective measures: proposes and details the prevention and protection measures to be implemented (e.g. safety devices on machines, PPE for workers, pollutant suction systems, safe operating procedures) in accordance with legislation and technical standards.
• Operational implementation of HSE procedures: prepares safety instructions and procedures, emergency plans, and field verification that they are correctly applied. Carries out inspections and internal audits in the departments to check compliance with safety and environmental regulations.
• Technical training for workers: directly carries out (or contributes to carrying out) practical training sessions on specific HSE aspects – for example, it trains workers in the correct use of PPE, first aid, firefighting and environmental emergency management procedures.
• Support for environmental and health monitoring: operationally manages the measurements and monitoring (noise, vibrations, emissions, air quality, etc.) required by law, keeping in touch with specialized laboratories. It also manages the operational safety of construction sites or departments, verifying that safety measures are respected on a daily basis.

In summary, the HSE Specialist plays an operational-specialist role: he is in the field alongside workers and department managers to ensure that safety and environmental protection measures are effectively implemented and maintained. He solves specific technical problems and provides technical advice to the company on punctual HSE issues. Often several HSE Specialists can be part of an HSE team, coordinated by the HSE Manager.

It should be noted that both the HSE Manager and the HSE Specialist, despite having different roles, collaborate closely with each other. Both are part of the company’s HSE function (which can sometimes coincide with the Prevention and Protection Service, we will see later) and share the goal of preventing accidents, protecting workers and minimizing the environmental impact of activities.

RSPP: definition and legal obligations

RSPP is the acronym that identifies the Head of the Prevention and Protection Service. Unlike the HSE Manager, which is an optional role defined by technical regulations, the RSPP is a figure expressly provided for and mandatory by law in Italy when it comes to safety at work. Let’s see in detail what it is.

The role of the RSPP is governed by Legislative Decree 81/2008 (the Consolidated Law on health and safety at work) and subsequent amendments. According to the regulatory definition, the RSPP is the person in possession of adequate skills and requirements, designated by the Employer to coordinate the risk prevention and protection service in the company. In practice, the SPP Manager is the internal or external consultant who assists the Employer in fulfilling safety obligations, taking care of organizing prevention and protection activities in the company.

Importantly, every employer has a legal obligation to appoint an RSPP (internal or external to the company). This obligation is enshrined in art. 17 of Legislative Decree 81/08, which includes the “designation of the person in charge of the risk prevention and protection service” among the employer’s non-delegable obligations. Therefore, unlike the HSE Manager who is a voluntary figure, the presence of an RSPP is required by law in any organization with workers, to ensure that there is always someone formally in charge of safety management.

Tasks and responsibilities of the RSPP

Once appointed, the RSPP has the task of managing the company’s Prevention and Protection Service (SPP). Prevention and Protection Service refers to the set of people, systems and means external or internal to the company intended to carry out prevention and protection activities from occupational risks. In larger companies, the SPP may also be composed of ASPPs (SPP Officers) who assist the RSPP. In smaller companies, the role of RSPP is often entrusted to an external consultant or to the employer himself (if he has the training requirements).

The main tasks of the RSPP, listed in art. 33 of Legislative Decree 81/08, include both technical and managerial and training activities. In summary, the RSPP must:

• Identify the risk factors present in the company and collaborate in the preparation of the Risk Assessment Document (DVR), proposing preventive and protective measures to reduce risks. This involves analyzing work environments, equipment, processes, and organization to highlight hazards and estimate health and safety risks.
• Develop prevention and protection measures and define the control systems for these measures. For example, the RSPP helps to plan technical interventions (installation of safety devices, adaptation of systems), organizational (safe work procedures) and management (maintenance plans, health surveillance) to mitigate the risks identified.
• Designing and proposing information and training programs for workers. The RSPP, in fact, assists the employer in defining the contents of mandatory safety training (e.g. firefighting courses, first aid, training on specific risks) and in organizing the related training activities. In addition, it collaborates in the practical training of workers in the use of equipment and PPE safely.
• Participate in consultations on occupational health and safety protection. The RSPP participates in periodic safety meetings (mandatory in companies with more than 15 workers), discussing with the Employer, the Competent Doctor and the RLS (Workers’ Safety Representatives). In these forums, it provides its opinion on the state of prevention in the company and on any need for intervention.
• Supervise the implementation of safety measures and compliance with procedures by workers. Although it does not have sanctioning powers, the RSPP carries out inspections and internal controls, reporting any critical issues or non-compliance to the Employer and suggesting corrective actions.

In essence, the RSPP plays a mainly consulting and technical coordination role: it does not have final decision-making powers (which remain with the Employer), but acts as  an engine and technical reference for everything related to prevention in the company. It must ensure that the safety management system is applied correctly on a daily basis and that the Employer is informed of the obligations to be adopted.

From the point of view of requirements, to carry out the role of RSPP, the law requires specific training: it is necessary to possess certain qualifications and attend special training courses (Modules A, B and C according to the State-Regions Agreement of 07/07/2016) that qualify for the function. In addition, there is a mandatory periodic update. This further differentiates the RSPP from the HSE Manager/Specialist, whose training requirements are not set by law but by the UNI standard (often a technical degree and several years of experience in the HSE field, with the possibility of voluntary certification of skills).

Differences between HSE Manager (Safety Manager) and RSPP

After outlining the characteristics of HSE Manager/Specialist and RSPP, we can summarize the main differences between these figures. Although the ultimate goal is common – to protect health, safety and the environment in the company – there are substantial differences in terms of regulatory framework, area of competence and responsibility.

• Regulatory basis and obligation: the first fundamental difference is that the RSPP is a mandatory figure by law, provided for by Legislative Decree 81/2008, while the HSE Manager (or HSE Specialist) is a figure that is not mandatory by law, but introduced by voluntary technical standards and company practice. Each company must appoint an RSPP to comply with current legislation, while there is no legal obligation to have an HSE Manager – his presence is the result of an organizational choice to improve internal safety and environmental management.
• Scope of application: the scope of action of the RSPP is strictly defined by law in terms of safety at work (and partly protection of workers’ health). The RSPP mainly deals with occupational safety and risks for workers. On the other hand, the HSE Manager has a broader and more integrated scope: he deals with both safety at work and health in a broader sense (organizational well-being, ergonomics, etc.), and environmental protection (emissions, waste, environmental compliance), aspects that go beyond the perimeter of Legislative Decree 81/08. In practice, the HSE Manager embraces Health, Safety and Environment at 360 degrees, while the RSPP is mainly focused on Safety and Health at work in the strict sense (although in modern companies he often collaborates on environmental issues, as they are not required by law in his role).
• Role in the organization: The HSE Manager in the company typically holds a managerial or managerial role. He often reports directly to the General Management or top management, is a member of the management committees and influences strategic choices in HSE matters. The RSPP, on the other hand, has a more technical-consulting role: he is an advisor to the Employer. Although he or she may be a managerial level employee in some realities, the RSPP (especially if external) often operates as a specialist consultant, without autonomous decision-making power over company policies. In summary, the HSE Manager is “part of the management line” that guides the company towards certain HSE objectives, the RSPP is “part of the prevention service” that advises and supports the employer in compliance with obligations.
• Responsibility and decision-making autonomy: the RSPP has no direct criminal liability for safety obligations (which remain with the Employer), nor autonomous spending or decision-making powers: he proposes measures and reports to the employer. On the contrary, the HSE Manager can have very broad internal powers and operational responsibilities: in many companies the HSE Manager manages budgets dedicated to safety and the environment, makes immediate decisions to resolve HSE critical issues and can be held responsible in civil/organizational matters for the failure to achieve HSE performance. However, it should be clarified that from a legal point of view,  the introduction of an HSE Manager does not exempt the Employer from its legal obligations and responsibilities – similarly to the RSPP, the HSE Manager is a support figure, albeit with greater internal management autonomy.
• Training and certification: as mentioned, to become an RSPP,  the law prescribes a qualifying training course (modules A, B, C and updates) and minimum education requirements. For the figure of HSE Manager/Specialist, there is no single training course required by law. Typically, these are professionals with degrees (often in engineering, prevention techniques, chemistry, etc.) and several years of experience in HSE roles. The UNI 11720:2025 standard provides a scheme of recommended training and experience requirements for HSE Managers and Specialists, and on this basis many obtain voluntary HSE skills certifications (issued by accredited certification bodies) to attest to the possession of knowledge, skills and competencies in line with the standard. These certifications, although not mandatory, are increasingly widespread and valued in the labor market.
• Company size and organizational structure: generally, the figure of the HSE Manager is found in medium-large companies, where there is a need for structured and strategic safety and environmental management. In small companies, on the other hand, there is often no dedicated HSE Manager: the employer simply appoints the RSPP (sometimes coinciding with an external consultancy) to comply with the minimum legal obligations. In the absence of an HSE Manager, many HSE management tasks may fall directly to the employer or to other figures (managers, supervisors) with the support of the external RSPP. On the other hand, in large companies it is common to have both roles: the HSE Manager at the head of the HSE function and one or more RSPPs (often internal) who take care of the technical-regulatory aspects of safety. In some cases, if the same person possesses both management skills and legal qualifications, HSE Manager and RSPP may coincide in the same professional figure – this happens, for example, when the Employer assigns the role of RSPP to the manager who already heads the HSE department. This “two-in-one” solution can be efficient, but it requires a professional with a very complete profile.

In conclusion, HSE Managers (or Safety Managers) and RSPPs are complementary figures, but with substantial differences. The RSPP was born from a legal obligation and guarantees that the company complies with the minimum requirements of safety at work, operating as an expert consultant to the employer. The HSE Manager was born from a higher level voluntary organizational need: to bring safety and environmental management to a strategic and integrated level, going beyond simple regulatory compliance to aim for excellence in the HSE field.

Why choose Safetyone as an RSPP with an HSE Manager approach?

Effective enterprise security management requires specialized skills and an integrated approach that goes beyond simple regulatory compliance. SV S.R.L. offers an enhanced RSPP service, comparable to that of an HSE Manager, thanks to a set of additional activities that allow companies to achieve a higher level of safety and operational sustainability.

Among the main differences that distinguish Safetyone from a simple appointment of an external RSPP are:

• Continuous technical assistance with availability from Monday to Friday during office hours and guaranteed assistance for emergencies 24 hours a day, including holidays, ensuring timeliness in the management of critical issues.
• Integrated legal and management support, which includes the creation of a safety management system aimed at the direct protection of the Employer and Managers, effectively limiting civil and criminal liability.
• Organization and constant monitoring of training and health surveillance, through advanced digital tools (Safetyoneclick portal) with automatic alerts to avoid non-compliance or delays in mandatory deadlines.
• Direct interface with the Competent Doctor and with territorial control authorities (ASL, Labour Inspectorate, Fire Brigade), ensuring effective management of institutional relations and optimal preparation in the event of inspections.
• Specialized engineering support on complex and relevant technical issues (e.g. seismic risk, fire, ATEX, legionella, electromagnetic fields), ensuring an in-depth verification of company regulatory compliance.
• Regularly update regulatory compliance through semi-annual reports and remediation action planning, indicating a clear scale of priorities based on potential legal and organizational risks.

Choosing Safetyone means equipping yourself not only with an RSPP, but with an authentic strategic partner with a role similar to that of an internal HSE Manager. This allows the company to effectively anticipate and manage risks, maintaining high safety standards, reducing incidents and at the same time strengthening its image as a responsible and sustainability-oriented company.

To further explore the substantial differences between the simple appointment of an external RSPP and the advanced service offered by SV S.R.L., contact our team of experts for personalized advice.

L'articolo The 7 Key Differences Between HSE and RSPP for a Safe and Informed Approach to Workplace Safety Management proviene da Safetyone.it.

What Is A Points-Based Licence for Construction Sites?

The points-based licence for construction sites, introduced by Decree-Law no. 19/2024 published in the Official Gazette no. 52 of 02/03/2024, has been in force since 1 October 2024 and is mandatory for companies and self-employed workers operating on temporary or mobile construction sites in Italy.

This decree introduces the points-based  licence, or credit-based licence, to assess the qualification of companies and self-employed workers operating on construction sites

The goal of the points-based license is to prevent negligence and violations of workers’ health and safety regulations on construction sites.

This regulatory instrument was created to increase safety at work, prevent accidents and ensure compliance with the European standards provided for by the European Directive 92/57/EEC on construction site safety.

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Who Must Have A Points-Based Licence For Construction Sites?

All companies and self-employed workers, Italian or foreign, who carry out activities in temporary or mobile construction sites defined in Article 89, paragraph 1, letter a, are obliged to hold a   licence.

In detail, the obligation to possess a points-based   licence will be required on construction sites involving construction or civil engineering works with the following characteristics:

• Construction, maintenance, repair, demolition
• Renovation or dismantling of fixed, permanent or temporary structures
• Road, railway, hydraulic, maritime and hydroelectric works
• Assembly and disassembly of prefabricated elements

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Companies Exempt From The Obligation Of A Points  Licence

Companies that possess SOA certification or other equivalent European certifications that enable participation in public tenders in Italy are exempt from the obligation.

Safetyone offers direct assistance to verify the validity of foreign certifications on the Italian territory.

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What Documents Do You Need To Get A Points-Based  Licence For Construction Sites?

To obtain a points-based   licence for construction sites, the following documents and requirements are required:

• registration with the Chamber of Commerce, Industry and Crafts;
• fulfilment by the employer, managers, supervisors and workers of the company of the training obligations referred to in Article 37;
• fulfilment, by self-employed workers, of the training obligations provided for by this decree;
• possession of the valid single document of contribution regularity (DURC);
• possession of the Risk Assessment Document (DVR);
• possession of the Single Document of Fiscal Regularity (DURF).

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Who Issues A Points-Based License For Construction Sites And How To Get It Quickly?

The license is issued digitally by the National Labor Inspectorate after verification of the necessary documentation.

Safetyone fully supports foreign companies in the management of all bureaucratic procedures, ensuring speed and ease in obtaining a   license.

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How Does Points License Score Work For Construction Sites?

Each company starts with a total of 30 credits. These credits are reduced in the event of ascertained violations of safety regulations on construction sites. Specifically, the following are lost:

• 10 serious violation claims listed in Annex I;
• 7 receivables for workers’ exposure to the risks indicated in Annex XI;
• 5 credits for violations provided for by Law no. 73 of 2002;
• 20 credits in the event of liability of the company for a fatal accident;
• 15 credits in the event of an accident with permanent disability (total or partial);
• 10 credits for an accident involving the absence of the worker for more than 40 days.

In the event of particularly serious accidents (fatal accidents or accidents with permanent disability), the National Labour Inspectorate may decide to temporarily suspend the licence for up to a maximum of 12 months.

Credit recovery: Lost points can be easily recovered by attending specific safety training courses, which allow you to reacquire up to 5 credits for each course attended. SV S.R.L. organizes these courses directly, also taking care of the transmission of the necessary documentation to the Inspectorate.

Competitive Advantages Of Points Licence For Foreign Companies

Owning a points-based   licence for construction sites allows foreign companies to:

• Successfully participate in Italian public tenders.
• To increase competitiveness and reputation in the Italian market.
• Ensure regulatory compliance and raise safety standards.

Why Choose SV S.R.L.?

SV Srl, with twenty years of experience in the field of safety on construction sites, accompanies you step by step in obtaining and maintaining the points license for construction sites. Our multilingual, fast and professional consultancy frees your company from any bureaucratic problems, allowing you to focus exclusively on growth opportunities in Italy. Don’t put your company’s reputation and activities at risk: contact us now to ensure full regulatory compliance and maximum competitiveness on the Italian market.

Ready to keep your business compliant and competitive?

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L'articolo Points-based licence for construction sites: complete guide to operating in Italy proviene da Safetyone.it.

The other main roles within the safety organization chart of any Italian company with at least one employee are that of Head of Prevention and Protection Services (RSPP), the Competent Doctor (MC) and the Workers’ Safety Representative (RLS).

In this article we will try to draw the portrait of the Manager, giving a definition of the role and summarizing the main obligations.

Who is the Safety Manager?

The Manager, as reported in Legislative Decree 81/2008 in Article 2 paragraph d), is the “person who, due to professional skills and hierarchical and functional powers appropriate to the nature of the task conferred on him, implements the directives of the employer by organizing the work activity and supervising it“.

The Consolidated Law on safety therefore does not mention the figure of the “Safety Manager” but simply that of Manager. It follows that the first term refers to the figure, tasks and responsibilities of the Manager as expressly indicated by the TUS itself.

In the last decade, countless large companies have interpreted this definition extensively, appointing as safety managers even figures not classified as managers.

In our opinion, given the role of organizational guarantor of safety in the company as well as the indications of the jurisprudence, this choice appears as a forcing when the subject who holds the role of safety manager does not have a hierarchical and functional power within the company.

We therefore suggest, in the interest of both Employers and Managers, to ensure that the role and qualification match, in order to be able to demonstrate that the Safety Management System is correctly structured.

What are the obligations of the Manager?

The obligations of the Manager are defined by art. 18 of the TUS and coincide with those of the Employer within the limits of the attributions and competences conferred to them. It follows that responsibility for the correct implementation of safety regulations is related to what is specifically indicated in the letter of appointment (or Job Description) and to the effective role held within the company.

Wishing to summarize the main tasks of the Manager, excluding the non-delegable activities of the Employer (i.e. risk assessment and appointment of the RSPP) we can affirm that the Manager has the task of:

• appoint the Competent Doctor to carry out health surveillance and send workers to the medical examination within the deadlines set by the health surveillance program.
• identify and appoint emergency workers (fire fighting and first aid);
• identify and appoint the persons in charge;
• “when entrusting tasks to workers, take into account their abilities and conditions in relation to their health and safety“;
• provide personal protective equipment to workers and ensure that it is used;
• ensure that only specially trained workers have access to areas that expose them to a serious and specific risk;
• require workers to comply with current regulations and company provisions on safety and hygiene at work;
• take measures to control risk situations in the event of an emergency and give instructions to workers;
• “inform workers exposed to the risk of serious and immediate danger of the risk and of the protective measures taken or to be taken“;
• “fulfilling information, education and training obligations“
• Prepare the DUVRI
• Convene the periodic security meeting referred to in art. 35.

What are the responsibilities of the Manager?

As for the responsibilities of this figure, we have already said that he holds the role of organizational guarantor of safety within the company or its area of competence. Therefore, it will supervise and implement all the regulations provided for in the Consolidated Law on Safety at Work.

A help to define the responsibilities of the Manager can be given by a sentence of the Court of Cassation (Cass. 2005 n. 19903):

“The one who, in compliance with the programmatic directives received from the employer, still has the powers and is therefore able to give direction and orientation to the overall governance of the company and / or to one of its branches or autonomous sectors, assuming all the corresponding high-level responsibilities“.

What are the requirements to identifying the Manager?

To identify the figure of the Manager, the following criteria may be useful:

• must possess the ability to make decisions that also have an impact on the company or its area of expertise;
• must possess autonomy in the decisions deriving from its role;
• it must in fact cover the figure of “right arm” of the Employer.

Who is the Managing Director

In the event that the Employer decides to transfer part of the civil and criminal liability referred to in the aforementioned art. 18, the latter may make use of the institution of delegation, identifying one or more managers as “delegated managers”. This delegation, which is formalized with a notarial deed, implies an effective transfer (as well as responsibility) also of decision-making and spending powers.

The employer, through this institute, has the possibility to transfer almost all his tasks (with the exception of the appointment of the RSPP and the risk assessment – DVR) to one or more subjects within the company. It is implicit that the transfer of tasks and responsibilities as an employer can be legitimately conferred on a person who has the requisites and the right classification within the Company, with functions that can be defined as “apical”.

Also in Legislative Decree 81/08, in particular in Article 16, the characteristics of the delegation of functions are listed so that it is valid:

• it must bear “certain date“;
• the delegate must possess “all the requirements of professionalism and experience required by the specific nature of the delegated functions“;
• it must attribute “to the delegate all the powers of organization, management and control required by the specific nature of the delegated functions“;
• it must attribute “to the delegate the autonomy of expenditure necessary to carry out the delegated functions“;
• must be “accepted by the delegate in writing“.
• It must be given adequate and timely publicity.

It should be noted, however, that “the delegation of functions does not exclude the obligation of supervision on the part of the employer” who must always supervise the work of his delegate (culpa in vigilando).

The criteria for choosing the Manager: a judgment of the Supreme Court

At the end of this article we provide an interesting in-depth analysis on how to select Executives.

Let’s start with a sentence of the Supreme Court (Cass. Sec. Lav. 2021 n.30900): in this case, an employee appealed against the company because the choice for promotion to manager, which had favored other colleagues, was vitiated by the lack of motivation. The company applied the CCNL which established that for the assignment of the managerial role a procedure was necessary that assessed objective requirements (the degree, for example) and subjective requirements, which refer to the professionalism of the worker. The worker claimed that this violation had caused him to lose his chances; On the other hand, society defended itself by arguing the discretion of choice.

The Court of Cassation observed that although it was a simple evaluation procedure, the Employer had the obligation to motivate the choices, in particular:

(a) even in the evaluation procedure, where the promotion is carried out not through competition or selection and with a final ranking, but through a choice to be made on the basis of predetermined evaluation criteria, for the principle of correctness and good faith the employer has the burden of giving the choice, as well as the application of the indicated criteria, adequate motivation,  to which every interested party as formally entitled to the choice is entitled;

(b) the illegality of the act for lack of reasoning constitutes a situation capable of causing in itself the damage caused by loss of chances to the worker entitled to the assessment because he fulfils the formal requirements to be assessed, only the extent of the damage being uncertain”.

Therefore, the Court of Cassation upheld the worker’s appeal, obliging the Employer to pay the court costs.

L'articolo The Safety Manager: tasks and responsibilities proviene da Safetyone.it.

In particular, the Legislator intervened on the figure of the person in charge (who is the person in charge) and in detail on Articles. 18 and 19 of Legislative Decree no. 81/08 to specify the functions attributed to it, thus assuming a central role in the context of corporate safety management alongside that of the Employer and Manager.

What are the new obligations of the supervisor?

Following Law no. 215/2021, the person in charge has the obligation to intervene if he detects “conduct that does not comply with the provisions and instructions given by the Employer and the Managers for the purposes of collective and individual protection“.

For this reason, if it detects behavior on the part of workers that does not comply with company safety provisions, it can “intervene to modify non-compliant behavior by providing the necessary safety indications”. In addition, he will be able to interrupt the worker’s activity, informing his direct superiors “in case of failure to implement the instructions given“.

In addition, it will have the obligation to interrupt the work activity, reporting to the Employer and the Manager, if it detects anomalies “of the means and work equipment and of any dangerous condition detected during the supervision“.

Is the Employer obliged to appoint a supervisor?

Law no. 215/2021 introduces art. 18 of Legislative Decree 81/08 the obligation on the part of the Employer and the Manager “to identify the person in charge or persons in charge of carrying out the supervisory activities referred to in Article 19“.

In addition, the law gives greater importance to his figure as it establishes that in the case of “activities under contract and subcontracting, employers contractors or subcontractors must expressly indicate to the employer the client the personnel who perform the function of supervisor“.

In this way, the Employer will have to cooperate for the management of company safety, always identifying the figure of the person in charge.

New rights and duties of the supervisor

The new law recognizes greater importance to the role also at the economic level, in fact Law no. 215/2021 provides that “contracts and collective labor agreements can establish the remuneration due to the person in charge for carrying out the activities referred to in the previous period“.

Therefore, the position of supervisor will be adequately remunerated according to the sector to which he belongs and to the collective labour agreements. For this reason, we will have to wait for the renewal of the collective labour agreements that will establish remuneration.

In addition, “the person in charge cannot suffer any prejudice due to the performance of his activity“, so the legislator has opted for greater protection of the role.

In addition, it established that failure to update the person in charge every two years will be sanctioned to the Employer and Manager through arrest from two to four months with a fine from 1,474.21 to 6,388.23 euros.

Instead, the person in charge who does not fulfill his obligations will be sanctioned “with arrest up to two months or with a fine of 400 to 1,200 euros“.

Supervisor course update how often?

Another important innovation introduced concerns refresher courses, in fact the rule establishes that they must be provided exclusively and “entirely in presence” and must be repeated “at least every two years“.

The modalities, duration and minimum contents of the training have yet to be established as the standard refers to an update of the State-Regions agreements that must be issued by 30 June 2022.

Since the rule is already in force, if the State-Regions Agreement is not issued by this date, the updating of face-to-face and biennial training is considered already valid.

Who can form the supervisor?

The current legislation obliges the training of the persons in charge in presence and no longer in mixed mode (e-learning and in presence).

L'articolo The Supervisor: important regulatory changes proviene da Safetyone.it.

Actually, these terms do not exist and identify the erroneous and decades-old belief that responsibilities concerning safety at work fall exclusively on a subject (holder of all responsibilities) both within a company and a construction site.

The precise will of the legislator has always been to identify a multiplicity of implementing subjects, with different responsibilities or guarantee positions, in order to guarantee compliance with safety standards in the workplace.

As can be seen from the long list below, the professional and technical figures who cover tasks and roles in the field of safety are many, figures to which acronyms have often been associated that are difficult to understand for newcomers to the subject.

The purpose of this glossary is to identify in a clear and specific manner the main roles / tasks defined by Legislative Decree 81/08 reporting references to the articles of law that identify the tasks of these figures, as well as the reference to in-depth readings on our blog.

We apologize to the experts of the subject if this glossary does not define all the roles reported in Legislative Decree 81/08.

Fire Prevention Officer

The Fire Prevention Officer is the subject appropriately trained on fire prevention issues and how to evacuate the workplace, appointed by the Employer to intervene on potential fires of modest entity or to implement the first actions to contain a potential fire, pending the arrival of the firefighters.

The aforementioned must have basic knowledge on how to extinguish a fire through fire extinguishers and hoses, on how to manage evacuation and on calling the firefighters.

This figure is always mandatory in the company.

Regulatory references: Art.45 of Legislative Decree 81/08 and Ministerial Decree 388/03.

First Aid Officer

The First Aid Officer is the appropriately trained subject but without medical qualifications, appointed by the Employer to implement the first rescue actions towards colleagues or customers in case of need such as illness, heart attack or traumatic event, waiting for the arrival of health personnel.

The first responder must have basic knowledge of pathologies and traumas in the workplace.

This figure is always mandatory in the company.

Regulatory references: Art.45 of Legislative Decree 81/08 and Ministerial Decree 388/03.

Client

The Customer is the private or legal entity on whose behalf the work is carried out, or a temporary or mobile construction site is prepared in which construction or civil engineering works are carried out.

In the case of a public work, the client is the person with the decision-making and expenditure power relating to the contract in question.

The tasks of the Works Manager are defined by Article 90 of Legislative Decree 81/08.

For further information on the role of the Client.

Safety Coordinator in the Design Phase (CSP)

The Safety Coordinator in the Design phase is the person appointed by the Client or the Works Manager to draw up, as part of a temporary and mobile construction site, the Safety and Coordination Plan (PSC) and the Technical File of the work (FT).

The obligations of the Safety Coordinator during the Design phase are defined by Article 91 of Legislative Decree 81/08.

This figure is mandatory in case of application of Title IV of Legislative Decree 81/08.

For further information on the role of the CSP.

Safety Coordinator in the Execution Phase (CSE)

The Safety Coordinator during the Execution phase is the person appointed by the Client or the Works Manager to verify compliance with safety regulations on site, to control and validate the Safety Operational Plans (POS) of the companies and to coordinate field activities, in order to avoid interference risks.

The obligations of the Safety Coordinator during the Execution phase are defined by Article 92 of Legislative Decree 81/08.

This figure is mandatory in case of application of Title IV of Legislative Decree 81/08.

For further information on the role of the CSE.

Employer (DL)

The Employer is the holder of the decision-making and spending powers of the company or production unit and the holder of the employment relationship with the worker. In private companies, the employer generally coincides with the owner of the company. In the context of large companies, except for specific delegation, the employer generally coincides with the Chief Executive Officer (CEO).

In public administrations, the Employer is the manager with management powers or the official in charge, identified by the top management bodies, with autonomous decision-making and spending powers.

The obligations of the Employer are defined by Article 18 of Legislative Decree 81/08.

For further information on the role of the Employer.

Manager (DIR)

The Manager is the person who implements the directives of the Employer, organizing the work activity and supervising it.

In the event that the Employer avails himself of the institution of delegation, he can transfer one or more tasks to a Manager who takes the name of Delegated Manager. This institution is generally formalized by notarial proxy.

This figure is optional in the company.

The obligations of the Manager are defined by Article 18 of Legislative Decree 81/08.

For further information on the role of the Manager.

Qualified Expert (EQ)

The Qualified Expert or Radiation Protection Expert (EDR) is the subject with professional skills and qualifications to control and monitor sources of ionizing radiation (RI) in order to protect workers and the potentially exposed population. Among the main tasks, in support of the Employer, the Qualified Expert carries out the radiation protection assessment, the examination and verification of equipment, environmental surveillance in controlled and supervised areas as well as verifying the correct adoption of instruments and means of measurement and the methods of disposal of materials;

This figure is mandatory in case of risk from Ionizing Radiation.

The specific reference legislation is Legislative Decree 101/2020.

Worker

The worker is the person who carries out a work activity within a private or public company.

Workers are defined as anyone who works in any capacity within an organisation with or without remuneration. For the purpose of calculating the number of company workers, interns, volunteers, cooperative workers and students who use work equipment or display screens or who are exposed to chemical, physical and biological agents are also considered workers.

The obligations of the worker are defined by Article 20 of Legislative Decree 81/08.

Licensed Physician (MA)

The Authorized Doctor is a Competent Doctor qualified to carry out the activity of Medical Radiation Protection, or any type of medical surveillance for workers exposed to ionizing radiation.

In particular, the Authorized Doctor carries out the health surveillance of exposed workers of category A and B and the surveillance of the special intervention teams.

This figure is mandatory in case of risk from Ionizing Radiation.

The obligations of the Authorized Doctor are defined by Article 139 of Legislative Decree 101/2020.

Competent Doctor (MC)

The Competent Doctor is the doctor in possession of the specialization in occupational medicine or equivalent who is appointed by the Employer to carry out health surveillance in the company, to collaborate in the drafting of the Risk Assessment Document and to verify the healthiness of the workplace.

The appointment of the Competent Doctor can be made by a Delegated Manager.

This figure is mandatory in the company only if workers are subject to mandatory health surveillance.

The obligations of the Competent Doctor are defined by Article 25 of Legislative Decree 81/08.

Medical Coordinator

The Coordinating Physician is the doctor who coordinates the activity of one or more Competent Doctors defined as Coordinated Doctors.

The appointment of the Medical Coordinator is adopted in the case of large companies or companies with several production units located throughout the country. The main role of the Coordinating Doctor is to homogenize health protocols and the management of health surveillance within the company.

This figure is optional.

The obligations of the Competent Doctor are defined by Article 25 of Legislative Decree 81/08.

Warned Person (PAV)

In the context of electrical works in the proximity, under and out of voltage, the Warned Person is the person adequately informed by experienced persons to avoid electricity-related risks.

This figure/training is mandatory only in the case of electrical work.

Legislative references: CEI 11-27:2014 and CEI EN 50110-1:2014

Eligible Person (PEI)

The Eligible Person is the person who is recognized as having the technical ability to perform specific live work in the context of electrical work.

This figure/training is mandatory only in the case of electrical work.

Legislative references: CEI 11-27:2014 and CEI EN 50110-1:2014

Expert Person (PES)

The Expert Person is the person with education, knowledge and professional experience that allows him to assess risks and carry out activities in the context of electrical works in proximity, under and out of voltage.

This figure/training is mandatory only in the case of electrical work.

Legislative references: CEI 11-27:2014 and CEI EN 50110-1:2014

Supervisor

The Supervisor is the person who supervises and controls the activity of other workers and who has the task of ensuring the implementation of the directives received, checking the correct execution of the work and exercising a functional power of initiative according to the nature of the assignment conferred.

The person in charge has no managerial duties and generally coincides with identifiable roles such as Office Manager, Team Leader, Shift Manager, Site Manager etc.

In the event that a worker coordinates the work of other people, due to previous experience, capacity or seniority, in the absence of a formal appointment and / or specific training, the subject is defined as “de facto appointee” and is still civilly and criminally liable for the role actually held.

This figure is optional.

The obligations of the Person in charge are defined by Article 19 of Legislative Decree 81/08.

For further information on the role of the person in charge.

Head of the Prevention and Protection Service or Safety Manager (RSPP)

The Head of the Prevention and Protection Service (RSPP) is the professional figure designated by the Employer to coordinate the company prevention and protection service and to support the company in the analysis of risk factors and in the choice of the most appropriate prevention and protection measures.

The appointment of the RSPP cannot be delegated by the Employer.

In order to cover the role of RSPP, the subject must have a high school diploma, skills appropriate to the nature of the role held and specific training requirements defined by the legislation.

This figure is mandatory in the company in the case of one or more employees.

The obligations of the prevention and protection service are defined by Article 33 of Legislative Decree 81/08.

For further information on the role of RSPP.

Prevention and Protection Service Officer or Safety Manager Assistant (ASPP)

The Prevention and Protection Service Officer (ASPP) is the subject who carries out his activity within the company prevention and protection service, reporting functionally and operationally to the SPP Manager.

In order to play the role of ASPP, the subject must have a high school diploma, skills appropriate to the nature of the role held and specific training requirements defined by the legislation.

This figure is optional in the company.

The obligations of the Prevention and Protection Service are defined by Article 33 of Legislative Decree 81/08.

Workers’ Safety Representative (RLS)

The Workers’ Safety Representative is the person elected or appointed by the workers who has the task of representing them for all aspects concerning health and safety at work.

In the event that the number of company employees exceeds 15 units, the RLS is appointed or elected within the company trade union representatives.

This figure is mandatory in the company in the case of one or more employees.

The tasks of the Workers’ Safety Representative are defined by Article 47 of Legislative Decree 81/08.

Workers’ Representative for Territorial Security (RLST)

The workers’ representative for territorial security (RLST) is the person who represents the workers towards the company, in the event that an internal RLS is not elected.

The appointment of the RLST provides for the payment of an annual contribution to be paid by the Employer, related to the total number of employees.

This figure is optional (alternative to RLS).

The tasks of the Territorial Workers’ Representative are defined by Article 48 of Legislative Decree 81/08.

Works Manager or Works Supervisor for Safety (RDL)

The Works Manager is the subject that the Client can appoint, in order to delegate part or all of the control and supervision tasks assigned to them by current legislation, within a Temporary and Mobile Construction Site.

In public works, the Works Manager coincides with the Sole Responsible for the Procedure (RUP)

This figure is optional in the private sector.

The tasks of the Works Manager are defined by Article 90 of Legislative Decree 81/08.

L'articolo Glossary of occupational safety roles proviene da Safetyone.it.

Display screens (VDTs) are now an essential element in almost all workplaces. The video terminal, in fact, has become today the fundamental work tool both in offices and in production environments where it is used with control functions (command stations, organization control, etc.):

Work at display screens poses a risk to exposed workers. The risks associated with VDT, in fact, depend on its components (screen, keyboard, mouse, other peripherals), the workstation (desk and seat) and the surrounding environment (ambient light, microclimate, work and movement spaces, sound environment, etc.).

According to Legislative Decree 81/2008, the Employer is obliged to assess the risk from video terminals in the workplace and to develop and apply a program of technical or organizational measures aimed at minimizing exposure and the consequent risks.

What are the health effects of workers exposed to VDT?

The prolonged use of the video terminal can represent a risk for exposed workers: in fact, the use of a video terminal, which by law takes the form of a time of at least 20 hours per week, generally involves the maintenance of a static posture (often sitting) and the need to focus the gaze on a screen, for almost the entire period of work.
The effects of prolonged use of display screens may cause:

• Visual disturbances: related to the brightness and contrast characteristics of the screen and the surrounding environment;
• Musculoskeletal disorders: related to the posture assumed during the period of work;
• Mental fatigue: related to the need to maintain concentration on a task for long periods.

Among the visual disturbances it is possible to incur asthenopia, more commonly known as visual fatigue, caused by the excessive effort of the eye muscles required by the action of fixing the same point for a long time. It may cause the following symptoms:

• Burning eyes;
• Frequent blinking;
• Lachrymation;
• Discomfort in the light;
• Blurred vision;
• Reading fatigue;
• Migraine.

The most frequent pathologies affecting the musculoskeletal system, on the other hand, are:

• Inflammation of the tendons of the shoulder;
• Lateral epicondylitis: commonly called “tennis elbow”;
• Tendinitis of wrist and hand;
• Carpal tunnel syndrome.

Finally, the prolonged use of video terminals and a poor organization of work, can determine the appearance of mental fatigue that involves:

• Fatigue;
• Stressful situations;
• Neurotic or psychotic expressions, such as anxiety and depression.

What are the technical requirements of the VDT and the workstation?

In order to reduce the risks associated with the use of display screens, it is essential that the workstation and the surrounding environment have ergonomic characteristics, i.e. that they are designed so that the work equipment is adapted to the needs of the worker.

Therefore, the technical parameters of ergonomics for all workstation components must be respected:

• Screen;
• Keyboard;
• Mouse;
• Chair;
• Work table;
• Use of laptops;
• Lighting;
• Microclimate;
• Work and movement spaces;
• Sound environment.

For further information on the ergonomic parameters to be respected, you can consult the Inail guideline on video terminal risk at the following link.

It follows, therefore, that the risk assessment of video terminals must be conducted by specialized technicians in a thorough and timely manner considering all the related risk factors.

Display screen risk: what does Legislative Decree 81/2008 establish and what are the obligations of the Employer?

Legislative Decree 81/2008 defines:

1. Display screen: “an alphanumeric or graphic screen irrespective of the type of display used”;
2. Workstation: “the assembly comprising display screen equipment, possibly with a keyboard or other data-entry system, including mouse, human-machine interface software, optional accessories, connected equipment, including the disc unit, telephone, modem, printer, document holder, chair, work surface and the immediate working environment”;
3. Worker: “a worker who uses display screen equipment, systematically or habitually, for twenty hours a week”.

Art. Article 174 establishes that the Employer is obliged to assess the risk of display screens, with particular regard to:

• Risks to vision;
• Problems related to posture and physical or mental fatigue;
• Ergonomic conditions and environmental hygiene.

Based on the risks identified through the assessment, the Employer must take appropriate measures so that the risk can be eliminated or, if this is not possible, minimized.

The Employer is obliged to inform and adequately train the worker in particular on:

• Prevention measures;
• How to carry out the activity:
• Eye and vision protection.

Worker exposed to VDT risk: what are their rights and obligations?

The worker who uses video terminals has the right, pursuant to art. 175 of Legislative Decree 81/2008, to an interruption of its activity through breaks, preferably practicing work activities that allow you to rest your eyes and move your body.

Those who carry out an activity at the video terminal for at least 20 hours per week, have the right to a break of 15 minutes every 2 hours, except in special cases where the Competent Doctor establishes a different frequency.

Finally, art. 176 of Legislative Decree 81/2008 establishes that the worker has the obligation to undergo Health Surveillance, necessary to obtain through the judgment of the Competent Doctor the suitability to carry out their work.

It is carried out with particular reference to:

• Risks to vision and eyes;
• Risks to the musculoskeletal system.

The frequency of check-ups, except in special cases that require a different frequency established by the competent doctor, is:

• Biennial: for workers who have reached the fiftieth year of age;
• Five-yearly: for all other cases.

Display screen risk assessment with Safetyone

SV Srl carries out the video terminal risk assessment pursuant to Legislative Decree 81/2008, guaranteeing quality and effectiveness and providing qualified technicians.

L'articolo Display screen risk (VDT): rights and obligations of workers proviene da Safetyone.it.

They have a great impact, as they are often delegated to subjects who operate independently (e.g. RSPP, external consultants) or who determine items of expenditure that the Employer or the functions in charge (purchasing office, human resources) know little. What is the common strategy adopted by small businesses? Request more quotes and entrust the task to the highest bidder, confident that the assignment of a service to an external subject (theoretically qualified), is a sufficient condition to protect the functions in charge from a civil or criminal point of view.

We saved something, finding the company that provides online training courses at the most convenient cost (fair and shareable), we contained the costs by requesting the RSPP to optimize its remuneration, in relation to the economic crisis that occurred, but we never asked ourselves the question: what are the real costs of security in the company? How much time do administrative functions devote to processing all security documents (document requests from customers, supplier document control, DUVRI drafting, ITP verification, POS drafting, etc.). Definitely a lot of time; but we are at least sure that all this time is well spent, that is, it protects the Employer and the Managers.

The purpose of this article is to provide a tool to concretely reduce corporate security costs while ensuring compliance with regulatory requirements.

Starting point: have clear ideas

Before we begin, we need to have a clear idea of what the regulatory obligations are in relation to the type and size of your company. But not only that: we need to understand exactly what the priorities and risks are for failure to implement specific rules.

Example: the company gave priority to staff training, having done all the courses (including updating the RSL), but forgot to assess the risk of falling from height on the roof of the shed or to draw up the DUVRI for the cleaning company. Let’s try to ask ourselves the following question: “following an accident at work, what are the penalties and criminal responsibilities in case of failure to update the RSL or on the contrary in case of failure to assess the risk of falling from height?”.

Solution: You need a simple and effective control system to monitor security in your company.

We can help you on this issue by providing you with the following checklist, which allows you to understand the first of all the compliance or not of regulatory compliance and at the same time the priority scales. The fundamental thing is that the Employer and the Managers know in detail this check-list in order to establish a program of interventions and define the costs of safety to be budgeted. Often this monitoring activity is carried out only by the RSPP, which, depending on the situations and critical issues, sends emails to top management functions or reports problems during the annual coordination meeting.  Is this enough? The answer is no. By law, Employers and Managers must have an up-to-date picture of corporate safety. Dispassionate suggestion, after more than 20 years of activity in the field of safety at work: it is always better to be aware of the risks than to put your head in the sand; There are often compensatory actions with low costs that allow us to minimize the risk. It is important not to think that the appointment of an RSPP is sufficient to protect us as Managers or Employers.

Actions: We therefore come concretely to the actions to be implemented:

• Prepare a regulatory checklist in line with business needs (including all regulatory obligations and priorities)
• Make a security audit in the company, or make the “zero” point. This audit can be internal or external (with the help of consultants or specialists in thematic areas). Here too we can help you.
• Assess whether the non-conformities found can determine, on top functions, profiles of criminal responsibility.
• Establish an intervention program according to the level of risk, defining times, tasks (who does what), economic resources and methods of control during construction.

Note: For those unfamiliar with security and management systems, this shopping list seems to be an additional cost rather than a saving. It’s not like that! If these activities are carried out with method, rationality and rigor, they allow a great containment of costs, as they allow to distribute the work over several resources, to optimize control actions and above all to avoid waste in corrective actions due to emergency situations (accidents, reports of occupational diseases, inspections). In the medium and long term and in all areas, including safety and health at work, planning always allows a clear reduction in costs.

Do you need support to carry out any of the following activities, conduct an audit or establish an intervention schedule?

How to manage security documents while keeping costs down?

As already mentioned in the introduction, the management of all the documentation concerning security is certainly the largest cost item. The Employer is almost never able to fully quantify the time taken by each internal resource of the company to manage or process the documents concerning the safety of its competence.

Example: As an Employer try to circulate an individual questionnaire in which you ask the main resources involved in security issues to quantify the percentage time dedicated to reading emails, checking documents, saving data and files on PC and cloud, reminders via email, checking deadlines etc. That is, everything related to document management of security

How much time would be saved if all the workers in a company no longer had to worry about sending emails, keeping an eye on schedules, archiving and updating documents?

Solution: Digitize security.

Why start digitizing security? Because in my opinion there is no business process in which it is so important to properly monitor, archive and manage documents, information and deadlines.

Action: So let’s come concretely to the actions to be implemented:

• Find the simplest, most flexible and cost-effective IT solution to monitor all processes (especially those that refer to external suppliers). That is, adopt an interactive cloud platform that saves time for all company resources. Also in this case we can help you with the Safetyoneclick platform
• Establish procedures that require suppliers to upload documents to this platform (strategy adopted for years by larger Italian corporate groups)
• Train staff on how to leverage clouds, platforms, tools, apps, and programs to optimize all business processes.
• Monitor the time taken by resources to manage these processes before and after digitization actions

Note: The concern of many employers is the cost of digitization. Safetyoneclick costs a cup of coffee a day and many IT tools are open source. It is important to get a clear idea of what tools exist on the market and adopt the most suitable one for your company.

The appointment of the RSPP: how to contain costs?

As repeatedly indicated in other articles, the choice of an Employer is to appoint as RSPP an employee, an external consultant (external RSPP) or “self-proclaim” RSPP / Employer.

We refer to this article the analysis of the advantages / disadvantages of the different solutions and let’s now ask ourselves this question. How long does it take to cover this role correctly and professionally in your company?

I ask this question because the solution that seems simplest to contain the costs of the Prevention and Prevention Service is to find the consultant or employee with less economic demands. But does it work like this? No, because the employer and the managers remain responsible for the work of the RSPP for the famous principles of “culpa in eligendo” and “culpa in vigilando”.

Solution: quantify the time needed to play the role of RSPP in your company and optimize the related costs

Action: So let’s come concretely to the actions to be implemented:

• Analyze the tasks provided for by the legislation (Legislative Decree 81/08) in the field of the RSPP, concretely understanding (article by article) what the obligations indicated by the legislator are substantiated.
• Quantify this activity in relation to the characteristics of your company (risk class, number of employees, external activities, etc.)
• Evaluate what type of support is required from the RSPP, identifying activities carried out internally, externally or in a mixed form (e.g. supervised by the RSPP)
• Evaluate the cost of the RSPP (internal or external) according to the time actually needed to carry out this activity
• Request quotes for external RSPP that clearly explain the activity carried out and the number of man days provided during the year at your company
• Evaluate the opportunity of an internal resource such as RSPP considering the experience and transversal skills needed, as well as the time necessary for professional updating.

Note: If we do not know exactly what are the tasks and activities that an RSPP must carry out, how do we calculate the costs and compare them between different offers or possibilities. The question to ask ourselves is therefore not “How much does the RSPP cost?” but more correctly “How long does it take to play the role of RSPP? What is the hourly or daily cost of a consulting service? What is the total hourly cost of a suitably qualified internal resource? Only by answering these questions can we really think of containing costs with the guarantee of having a Prevention and Protection Service for the Employer and Managers.

Also in this case we can help you. Do you need a quote as an external RSPP or better understand which activities to carry out as a priority in your company?

Safety training courses: how to contain costs?

Cost containment in safety training seems to be the easiest topic to address. The answer is: “Just do a search on the web and see the most advantageous solution”.

In this case the possible alternatives are: face-to-face or classroom courses, videoconference courses and e-learning courses.

The simplest and generally cheapest solution is represented by the e-learning course.

But are we sure that the course can be delivered in e-learning mode? Are we sure that the course is valid?

For those who want to deepen the theme of validity, contents and duration of e-learning training courses can read the article at the following link.

Are we sure that the topics covered in that course are exhaustive? Or that following an accident at work, it is documentable that the risk factor that generated the accident has been treated?

Training is one of the most effective tools for prevention in the company, but often the e-learning course is less effective as it is pre-packaged and does not adhere to company specificities, and I make this statement with the awareness that our company also makes available to customers a considerable number of e-learning courses through the affiliated platform of Conflavoro.

So how can we optimize training costs and be sure that these courses are both effective and protective?

But the question we have to ask ourselves is not only how much the course costs, but how much time do we lose (indirect costs) to find the right course (eg, a forklift course), to make the order, to receive the certificates, to manage the training deadlines, to make the payment etc?

Solution: identify a training institution with proven experience and accredited able to support you whatever course your company needs (e-learning, face-to-face, thematic or specialist)

Action: So let’s come concretely to the actions to be implemented:

• Analyze the company’s training needs and prepare the related plan with a minimum five-year time horizon
• Evaluate the possibility of integrating e-learning training with specifically designed supplementary training modules (e.g. 1 hours of videoconference training for all employees on the topic “management of exodus in the company”)
• Anticipate (when possible) any training deadlines to coincide with the updating of as many resources as possible and optimize training costs. If the number of 5 learners to be trained is reached, the face-to-face or classroom course becomes economically competitive compared to the e-learning course, with higher numbers (up to a maximum of 35 people) highly advantageous.
• Prepare training certificates internally (hypothesis permitted by law under certain conditions). This choice is a way for companies with more than 100 employees.
• Choose a partner able to support you at 360 ° in the field of safety training; from courses for emergencies, to the AED, to courses for all company functions, to courses on class 3 ^ PPE, to training courses for vehicles and equipment, to thematic courses on all risk factors.

Note: the best solution is the one that involves the least expenditure of energy and protects the Employer. Not to mention that our e-learning courses are the most advantageous currently on the national market.

Assessment of specific risks: how to contain costs?

On the contrary, the issue of cost containment on specific risk assessments is quite complex, such as to require the Employer to study and disciplinary skills that do not justify the savings obtained.

Example: in order to reduce costs, how does an employer understand if the noise risk assessment can be done through the data in the literature rather than through an instrumental assessment? How does an employer understand the level of detail and the time needed to correctly prepare a work-related stress risk assessment? How does an employer understand if that place within the company should be considered as a “confined space” or if that activity falls under Title IV (temporary and mobile construction site).

Solution: Have a highly qualified occupational safety partner

Action: So let’s come concretely to the actions to be implemented:

• Analyze, through a checklist, if all risk factors have been identified and analyzed in the DVR (the law imposes the obligation to evaluate all risk factors and to report them in any case in the DVR, even in case of absence). This activity can also be done by the Employer or by a Manager (or delegated to other functions).
• Assess whether your RSPP has the transversal skills to identify the presence of all risk factors and / or the need to carry out specific risk assessments (eg Atex risk, biological risk, electromagnetic fields, etc.)
• Have an audit carried out by an external party after verification of technical and professional skills
• Draw up an annual report indicating the risk assessments that are due to expire, those to be integrated and the improvement plan.

Note: civil and criminal liability on specific risk assessments also remains with Managers and Employers (especially in the event that the signature of the document writer is missing) and consequently the specialist activity must be based on a fiduciary relationship. If you need expert consultants in the different areas of safety at work or to carry out an audit in the company…

Conclusions

On the basis of the above, it can be said that the containment of internal security costs is a rather complex issue.

L'articolo Safety at work: 4 strategies to reduce costs proviene da Safetyone.it.

Who is the Supervisor?

Before starting this examination, let’s try to understand the meaning of a security officer?

According to Treccani, the person in charge is the one who is in charge, deputy, responsible for a specific activity.

According to Article 2 of Legislative Decree 81/08, the person in charge is the person who, due to professional skills and within the limits of hierarchical and functional powers appropriate to the nature of the task conferred on him, supervises the work activity and guarantees the implementation of the directives received, checking their correct execution by the workers and exercising a functional power of initiative.

Concretely, the person in charge is the one who, having no managerial functions, coordinates and supervises the work of other people. In many work areas, the tasks that correspond to the role of supervisor are often indicated with the prefix “boss”, such as the foreman, the foreman, the foreman, the office manager, the foreman, the shift manager, etc.

Meaning of person in charge and person in charge of safety

The legislation on safety at work defines exclusively the role of person in charge, from this it follows that the person in charge, in carrying out his activity, is always also responsible for safety.

This concept is very important as it implies that a person who coordinates and supervises the work of other people cannot “de facto” avoid verifying aspects related to safety and health at work. Its role cannot therefore be limited to supervising the technical aspects of a job, as the correlation between safety and technical-operational methods is essential.

Is the appointment of the person in charge mandatory?

Except in special cases, the appointment of the person in charge is not mandatory, but depends on the choices of the Employer related above all to the type of activity carried out, the number of employees and the performance or not of activities with third parties.

It is implicit that in the case of a micro-enterprise which carries out its activities within a single establishment and in which the employer is always present, the appointment of a person in charge is superfluous.

On the contrary, in all cases where the employer is not able to constantly monitor compliance with safety standards by workers, it is protective for them (but not mandatory) to appoint one or more persons in charge.

The particular cases in which the appointment of the person in charge is mandatory are:

• Demolition works;
• The assembly and dismantling of provisional works;
• Works within confined spaces;
• The installation of road signs.

What obligations does the person in charge have?

Article 19 of Legislative Decree 81 (or Consolidated Law on Safety at Work) establishes that the persons in charge must:

• supervise and supervise the observance of safety rules by workers, the correct use of DPC (Collective Protective Equipment) and PPE (Personal Protective Equipment) and in case of persistence of non-compliance inform superiors;
• verify that only informed/trained workers access areas with serious and specific risk;
• require compliance with safety measures in the event of an emergency and give instructions for workers to leave the danger zone;
• immediately inform workers exposed to serious and immediate danger and refrain from requiring workers to resume their work in a situation of risk;
• promptly report to the employer or manager both the deficiencies of the means and equipment and PPE, and any other dangerous condition;
• attend special training courses

From the above it is clear that the role of the person in charge consists in supervising and ensuring compliance with safety standards from an operational point of view.

Recently, with Law no. 215/2021, the legislator has introduced new obligations for the person in charge to intervene if he detects “behaviors that do not comply with the provisions and instructions given by the Employer and the Managers for the purposes of collective and individual protection“.

In addition, the person in charge will have the task of “intervening to modify the non-compliant behavior by providing the necessary safety indications” and interrupting the worker’s activity “in case of failure to implement the instructions given“.

Finally, he must report to his superiors any anomalies “of the means and work equipment and of any dangerous condition detected during the vigilance“.

For further information on the new obligations.

Why is the appointment of those in charge in the company important?

Legislative Decree 81/08 is dotted with civil and criminal sanctions against the Employer and the latter is considered by the legislator the true guarantor of company safety. However, if we carefully scroll through the Consolidated Law on Safety we realize that only for the person in charge (together with the Employer) the verb “guarantee” is used. The Supervisor is the guarantor of the implementation of safety regulations. This means that the Employer with the support of the RSPP, consultants and safety experts assesses the risks and writes the procedures, the person in charge checks that these are respected.

The Employer therefore, in order to demonstrate that safety procedures and instructions are effectively implemented, must structure his company with an adequate number of supervisors.

These persons in charge must be formally appointed, included in the company organization chart, adequately trained and periodically checked.

In fact, as repeatedly underlined in other articles, the joint and several liability of the Employer remains if he is not able to demonstrate that he has supervised the work of the functions with a guarantee position (including those in charge).

It is therefore important to carry out sample audits internally or with the help of an external consultant to verify compliance with art. 19 by the persons in charge.

How to prepare the letter of appointment of the Provost?

In the event that the Employer appoints a safety officer, he must provide for the drafting of a letter of appointment which must have the following characteristics:

• be signed by the Employer or the Managing Director
• report a precise indication of the tasks related to the task
• confer on the person in charge powers of organization, management and control necessary for the performance of the tasks entrusted;
• be formally accepted by the person in charge by affixing his signature;
• be dated (preferably with a certain date)
• be advertised (with inclusion of the role in the organization chart)

You can download a template letter of appointment at the following link.

Who is the de facto provost? Is a person in charge only liable if he signs the letter of appointment?

According to the principle of effectiveness, widely reiterated by jurisprudence, and according to art. 299 of the TUSL (de facto exercise of managerial powers) the position of guarantee of a person in charge, or civil and criminal liability, weigh on these even if without regular investiture, when he exercises in practice the legal powers of that role.

This means that an employee actually plays the role of supervisor (in relation to greater work experience, seniority or organizational skills) even in the absence of a letter of appointment as supervisor signed for acceptance these, in the event of an accident at work or occupational disease of a worker “subject”, can be called to respond civilly and criminally.

What penalties are envisaged for the person in charge?

The person in charge is punished with fines ranging from a minimum of 245.70 euros to a maximum of 1,474.21 and with arrest up to a maximum of two months.

The State-Regions Agreement of 21 December 2011 provides for special additional training for the person in charge.

The training of the supervisor must include training for workers and must be supplemented by special training in relation to the tasks he performs in the field of health and safety at work.

The minimum duration of the course for supervisors is 8 hours.

Training course for supervisors

The content of the training shall include, in relation to the obligations laid down in Article 19:

• Main subjects of the company prevention system: tasks, obligations, responsibilities;
• Relations between the various internal and external subjects of the prevention system;
• Definition and identification of risk factors;
• Accidents and missed injuries;
• Communication and awareness techniques of workers, in particular new hires, administered, foreigners;
• Assessment of the company’s risks, with particular reference to the context in which the person in charge operates.

Updating of the course in charge. How many years?

With Law no. 215/2021, the timing and methods for updating the person in charge have also changed. In fact, this will have to be repeated “at least every two years” and delivered “entirely in presence“.

As for the duration, we must wait for the State-Regions Agreement scheduled for the end of June 2022 to be issued.

Latest

With the entry into force of Law no. 215/2021, the figure of the person in charge has gained greater importance with the attribution of new obligations but also rights and duties.

And not only that: the Employer will have the obligation to identify the personnel who play the role of person in charge and in the case of activities with third parties expressly communicate to the Employer – Client the name of these, which must therefore be present to supervise the work.

For more news on the figure of the person in charge.

L'articolo The Supervisor: role, responsibility and obligation to appoint proviene da Safetyone.it.

The training carried out in the classroom has represented and represents the best model to ensure a high level of teacher-learner integration. In recent years, however, the evolution of new technologies and the concept of training have made it possible to establish a distance learning method, indicated by the term e-learning.

Attending mandatory courses on safety and health at work in e-learning mode allows you to follow educational paths at any time and from different devices.

Online courses, pursuant to Legislative Decree 81/2008, can only be provided by qualified trainers.

Attending an e-learning course, without logistical and time constraints, therefore perfectly combines the convenience of carrying out remotely with a preparation that remains professional and of a high level.

E-learning training: what Legislative Decree 81/2008 establishes

E-learning training for safety and health in the workplace is governed by the State-Regions Agreements of 21 December 2011 and 7 July 2016, and by Article 37 of Legislative Decree 81/2008; They define the duration, minimum contents and training methods.

E-learning training allows employers to comply with legal obligations on training Legislative Decree 81/2008 and to promote a better reconciliation between professional and personal needs for workers and teachers.

From a regulatory point of view, Legislative Decree 81/2008 defines e-learning training: “an interactive training model created after interpersonal collaboration within structured teaching groups (thematic virtual classrooms, thematic seminars) or semi-structured (forums or telematic chats), in which an IT platform operates that allows interaction with tutors and also with each other“.

Which courses can be delivered in e-learning mode?

The State-Regions Agreement of 21 December 2011 provides e-learning mode for:

• Training for Workers, Supervisors, Managers and Employers;
• Refresher courses for all figures;
• Specific training for Workers and Supervisors.

In the State-Regions Agreement of 7 July 2016, the courses that can be delivered in e-learning mode are extended to:

• Refresher courses and basic training for RSPP/ASPP (Safety Manager/Safety Manager Assistant);
• General and specific training for workers;
• Training for Supervisors, Managers and Employers;
• Refresher courses for all figures;
• Experimental training projects, possibly identified by Regions and Autonomous Provinces.

The Agreement, as reported in Annex II of the Agreement of 21 December 2011, extended the possibility of providing courses in e-learning mode to Module A for RSPP / ASPP and to specific training for low-risk workers.

Following the entry into force of Law no. 215/2021, refresher courses for supervisors can no longer be provided in e-learning mode.

Below is a summary table of the courses that can be delivered in e-learning pursuant to Legislative Decree 81/2008:

The course for RLS (Workers’ Safety Representative) [32 hours] and related updates [4 or 8 hours], can be carried out in e-learning mode where specifically provided for by the CCNL contracts of reference.

Which courses cannot be delivered in e-learning mode?

The courses that cannot be delivered in e-learning mode are:

• RSPP Employer (Forms of 8, 24 or 48 hours depending on the risk class);
• RSPP/ASPP (48-hour Form B and 24-hour C);
• Supervisors (the remaining 3 topics of 8 overall) and subsequent updates;
• First aid (Complete courses of 12 or 16 hours);
• Firefighting (Complete courses of 4, 8 or 16 hours depending on the risk class).

The management of courses in e-learning mode

Legislative Decree 81/2008 establishes the necessary conditions to be able to use the e-learning mode:

1. Location and instrumentation: the training can take place at the headquarters of the trainer, the participant’s home or at the company and must be carried out through suitable equipment.
2. Program and formalized teaching material: the project must include a presentation document containing all the information relating to the course (title, institution or subject that produced it, training objectives, structure, duration and topics covered for each teaching unit).
3. Tutor: for the management of the training course, an expert (tutor or teacher) must be guaranteed with teaching, teaching or professional experience in the field of health and safety protection at work.
4. Assessment: self-assessment tests must be provided throughout the training course.
5. Duration: the duration of each teaching unit must be indicated.
6. Materials: access to the contents of the training course must always be guaranteed and the language must be clear and appropriate to the recipients.

E-learning courses: Safetyone and accreditation with Conflavoro

SV Srl provides e-learning training courses for safety and health in the workplace pursuant to Legislative Decree 81/2008, ensuring quality and effectiveness. The distance learning provided by SV Srl takes place according to the provisions of the law as defined in Annex II of the State-Regions Agreement of 7 July 2016.

The courses are delivered through Conflavoro PMI Confederazione Nazionale Piccole e Medie Imprese, which provides a complete, easy and advantageous e-learning platform for the management of online training.

The e-learning courses are made up of individual teaching units and at the end of each unit there is a self-study test. Upon completion of the training course, certificates are issued that have full legal value throughout the Italian territory.

SV Srl also provides:

• Training specialists able to support and monitor every training need;
• Ability to monitor all regulatory and technical updates;
• Classroom courses, in blended and e-learning mode aimed at companies, self-employed workers and consultants.

L'articolo E-learning courses for safety in the workplace proviene da Safetyone.it.

The Employer must take all necessary measures to protect the health and safety of workers who carry out any activity within the company.

Legislative Decree 81/2008 contemplates training, information and training as necessary paths that workers must follow to learn the rules and methodologies that are part of the Company’s prevention system. Through training we intend to teach workers the essential notions and procedures, aimed at achieving those skills that allow them to work both by reducing risks and protecting personal safety.

The topic of “training and information” is perhaps the most important obligation that an employer has to fulfil towards employees.

At the regulatory level, the fulfillment regarding information is sanctioned by Article 36 of the Consolidated Law which obliges the employer to inform the worker about:

• risks to health and safety derived activities carried out in the workplace;
• first aid, fire-fighting and evacuation procedures;
• names of the workers responsible for applying safety measures;
• names of RSPP and RLS;
• specific risks related to the task performed, the equipment and substances used;
• protection and prevention measures and activities adopted.

The obligation to train, on the other hand, is established by Article 37, which indicates its contents, methods and particular characteristics. Training is provided through special courses.

When should worker training take place and how long does it take?

The training courses must be administered to the worker even before the employee begins to carry out his duties within the company, however an extension time is granted in the event that it is not possible to do so: the limit is set within 60 days of recruitment.

There are also other cases in which training must take place suddenly:

• in the event of transfer or change of duties by the worker
• in case of alterations to the work process that introduce new risks.

The training activities must be carried out during working hours: the worker is not required to “recover” the hours used in these activities and, in the event that the training is carried out outside working hours, the extra hours used must be paid with the payment of overtime.

The duration and the periodicity of updating safety training courses is mainly defined by the State-Regions Agreements.

This table shows the general framework of the training obligations borne by the Employer indicating the duration of the courses, validity / updating and legal reference.

Lack of health and safety training

Pursuant to the Consolidated Law on Health and Safety at Work, the training obligation provided for in Article 18 of the TUSL is criminally sanctioned through the penalty provided for in Article 55 c. 5 letter c) for the violation of Article 37 (“Training of workers and their representatives”) referred to in Article 18.

For memory we report the text:

“The employer, who carries out the activities referred to in Article 3, and the managers, who organise and direct the same activities in accordance with the powers and responsibilities conferred on them, must: […] comply with the information, education and training obligations laid down in Articles 36 and 37”)

In fact, the first paragraph of Article 37 provides that:

“The employer ensures that each worker receives sufficient and adequate training in health and safety, also with respect to language skills, with particular reference to: a) concepts of risk, damage, prevention, protection, organization of company prevention, rights and duties of the various company subjects, supervisory bodies, control, assistance; b) risks related to the tasks and possible damages and the consequent prevention and protection measures and procedures characteristic of the sector or sector to which the company belongs”

The employer is punished with imprisonment of two to four months or a fine.

In the same way, the obligation to provide training to managers and supervisors (paragraph 7) and the obligations to ensure that firefighters and first aid workers on the one hand (paragraph 9) and RLS on the other (paragraph 10) receive the training required by law are criminally sanctioned.

Occupational Safety and Safety Engineering Courses

Over the years, SV S.R.L. has developed extensive experience in the prevention and protection of health and safety at work, designing and implementing a training offer characterized by courses in the catalog or on request aimed at workers and companies.

The Consolidated Law on Safety at Work attributes to training a central role for the culture of safety.

In addition, SV S.R.L. is accredited for training with Conflavoro PMI – National Confederation of Small and Medium Enterprises – and provides training courses as well as for workers, for all company figures with a guarantee position, such as RSPP (Head of Prevention and Protection Service), ASPP (Prevention and Protection Service Employee), Employers, RLS (Workers’ Safety Representative),  Supervisors, Managers.

Safetyone also provides:

• A dedicated staff of training specialists able to support and monitor every training need
• The ability to monitor all regulatory and technical updates
• A creative and non-traditional training methodology (role-playing, etc.)
• Personalized training packages in e-learning mode aimed at companies, self-employed workers and consultants

Conclusions

By virtue of twenty years of experience in training and with the help of a staff of teachers specialized in different sectors, SV S.R.L. is able to provide training courses on safety at work in Milan and in the Lombard provinces of Pavia, Lodi, Cremona, Varese, Bergamo, Brescia, Como and Lecco.

Upon specific request, Safetyone is able to carry out face-to-face training courses throughout northern and central Italy.

L'articolo Occupational Safety Courses: Safetyone and Conflavoro PMI accreditation proviene da Safetyone.it.