Obligation for employers to appoint the competent doctor if required by the risk assessment. Extension to self-employed workers of some protective measures envisaged on construction sites. And, specific training obligation also for the employer in case he uses work equipment to which specific risks are associated, with consequent sanctions in case of non-compliance. These are some of the measures introduced by the Labor Law (Legislative Decree 48 of 2023), published in the Official Gazette of 4 May, through precise amendments to the Tu on Safety (Legislative Decree 81 of 2008).
The text of the decree (see article 14)
The obligation for the employer to appoint the competent doctor is extended. The appointment, in fact, must also be made outside the cases envisaged by the TuSafety if this need emerges from the risk assessment. It is therefore a measure that widens, therefore, and not a little, the obligation of health surveillance.
Furthermore, by amending article 21 of Legislative Decree 81 of 2008, some protective measures envisaged on construction sites are also applied to self-employed workers. In more detail, all the measures of Title IV (temporary or mobile construction sites) concerning temporary works, including scaffolding, also apply to the self-employed workers who use them.
Another important novelty concerns the specific training of the employer. In particular, the employer who uses equipment that requires particular knowledge or responsibility for their use in relation to their specific risks, must provide for his or her own education and training “in order to guarantee the use of the equipment in an appropriate and Safe”. The employer who violates this new provision is punished with imprisonment from three to six months or with a fine ranging from 3,071.27 to 7,862.44 euros.
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