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HEALTH PROTECTION AND SAFETY OF WORKERS
GENERAL PRINCIPLE OF THE RESPONSIBILITY OF THE EMPLOYER
According to Circular no. 130297/15-7-96 of the Ministry of Labor and Social Affairs on the implementation of Presidential Decree 17/1996:
“The employer is responsible for the safety and health of workers in his business and is not relieved of this responsibility neither when workers do not meet their obligations nor when assigning protective and preventive tasks against occupational risks to the Safety Technician or/and Occupational Physician or/and competent External Protective and Preventive Services.”
According to P.D. 17/96:
PROVISION OF PROTECTIVE AND PREVENTIVE SERVICES
In businesses employing 50 or more employees, the employer is obliged to use the services of the Safety Technician and Occupational Physician.
In businesses employing less than 5 employees, the employer:
1. shall use the services of a Safety Technician with higher education, when the activities of the undertaking are classified in category A of PD 294/88 (high risk)
2. may delegate the tasks of the Safety Technician to the employees, on a full-time basis and with secondary education, having the responsibility of his training, when the activities of the undertaking are classified in category B of PD 294/88.
3. may assume the duties of the Safety technician himself, with proper training, when the activities of the undertaking are classified in category C of PD 294/88 (low risk).
4. shall use the services of an Occupational Physician, when these undertakings involve lead, asbestos, carcinogens, biological agents and risk assessment indicates a risk to the health or safety of workers.
The working time of the Safety Technician and Occupational Physician is specified in the following pieces of legislation: L. 1568/85, P.D. 294/88, P.D. 17/96, P.D. 159/99.
The employer is obliged to ensure the safety and health of workers in every occupational aspect and take measures to ensure the health and safety of third parties.
If the employer assigns to external freelancers or External Protective and Preventive Services (EXYPP) ST or/and OP tasks, this shall not discharge him from his responsibilities in this area.
The obligations of the Safety Technician, Occupational Physician and the employees' representatives, shall not affect the principle of the responsibility of the employer.
Employers must allow workers’ representatives with specific responsibility for the safety and health of workers adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions deriving from the applicable provisions.
The employer’s responsibilities include:
The employer shall:
MEASURES FOR THE PROTECTION OF WORKERS
UNDERTAKINGS SHARING THE SAME WORKPLACE
When many undertakings share the same workplace, employers shall cooperate for the implementation of the provisions relating to the safety, health and hygiene and, taking into account the nature of the activities, coordinate their activities for the protection of workers and the prevention of occupational risks. They must inform each other and then each one of them inform the workers and their representatives on these risks. The responsibility of coordinating the activities is assumed by the employer who has control of the workplace, where the works are carried out, except in cases that more favorable provisions have been drawn.
WRITTEN ASSESSMENT OF OCCUPATIONAL RISKS
Occupational risk assessment is a systematic examination of all sides of each work carried out by the undertaking, with a view to:
The assessment should include the risks that may occur.
√ The employer shall take the measures necessary, when required, for:
√ The employer shall consult workers on all issues relating to safety and health at work
√ The workers and their representatives may not be placed at a disadvantage because of their respective activities related to health and safety at work
√ The employer informs all workers, by providing all necessary information on safety and health at work
√ The employer shall ensure that each worker receives adequate safety and health training, in particular in the form of information and instructions specific to his workstation or job:
√ Workers’ representatives shall be entitled to appropriate training
√ This training may not be at the workers’ expense or at that of the workers’ representatives.
Any employer, manufacturer, importer or supplier infringing the provisions of legislation is sanctioned in line with: