HEALTH AND SAFETY AT WORK

1. HEALTH AND SAFETY AT WORK Regulatory change, roles and responsibilities GENOVA, January 17th 2013

2. Cultural evolutions and social expectations DEGREE OF ATTENTION 2010 1955 1898 Attention directed to the health and safety of workers and to primary prevention Risk considered to be a factor closely linked to work and therefore inevitable. Attention given only to repairing the consequences of accidents Attention directed to the physical, mental and social well-being of workers: quality of working life. Behaviour-based safety.

3. The legal framework Technical regulations, guidelines, handbooks Special legislation Prime ministerial decrees, ministerial decrees, labour contracts, jurisdiction Laws, Delegated Laws, Presidential Decrees, EC Directives Civil Code and Penal Code General legislation The Italian Constitution

4. General legislation: the Italian Constitution Art. 32 The Italian Republic protects health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent…….. Art. 41 Private economic enterprise is free. It may not be carried out against the common good, or in such a manner that could damage safety, liberty and human dignity......... The Costitution

5. General legislation: the Civil Code Book V - Rights and duties of the parties (employers and employees), employer’s managerial authority and disciplinary power Art. 2087 Protection of the working environment An employer must adopt in the organisation of his enterprise all measures which, according to the nature of the work, the experience and the technical possibilities, are required to protect the physical integrity and the moral personality of his workers. Art. 2050 Liability for carrying out dangerous activities Anyone causing injury to others in the carrying out of a dangerous activity, either in its nature or by reason of the nature of the means of operation adopted, is required to compensate for injury caused, unless he can prove that he has adopted all the measures appropriate to avoid that injury. Art. 2049 Liability of principals and employers Principals and employers shall be liable for any injury caused by unlawful acts of their domestic staff or salespeople while carrying out their duties. Civil Code and Penal Code

6. General legislation: the penal code Art. 437 Intentional removal or failure to make use of precautionary measures against accidents at work Anyone who fails to set up systems, devices or signals designed to prevent disasters or accidents in the workplace, or who removes or damages such systems, will face a prison sentence of between six months and five years. If an actual disaster or accident occurs because of this act, the sentence will be from three to ten years. Art. 451 Negligent failure to make use of precautionary measures against disasters or accidents at work Anyone who, by negligence, fails to set up or removes or damages systems or devices designed for fire extinguishing, life-saving or first aid in the event of a disaster or accident in the workplace will face a prison sentence of up to one year or a fine of between € 103.00 and € 516.00. Penal Code In the Criminal Code, crimes of injury (art. 590) and manslaughter (art. 589) are considered to be more serious when committed in violation of the regulations regarding safety at work. Civil Code and Penal Code

7. Special legislation Technical Regulations, Guidelines, Handbooks Prime ministerial decrees, ministerial decrees, labour contracts, jurisdiction Laws, Delegated Laws, Presidential Decrees, EC Directives Consolidating art (D.Lgs 81/2008) art 300/1970 “Workers’ statute”

8. 1955 1994 2008 2010 D.Lgs 626 D.Lgs 81 Special legislation: Regulatory change ORGANISATION AND MANAGEMENT APPROACH COMMAND AND CONTROL APPROACH Flexible system Inflexible system • System oriented towards management and organisational aspects, and prevention • New levels of relations and definition of roles and responsibilities for new individuals. • Substantial respect for prevention and protection measures • Prescriptive, sectorial system, oriented towards repression rather than prevention • Excessive regulatory fragmentation • Formal respect for conformity

9. D.Lgs. 81/2008: Organisation and participation model Duties Obligations Prevention and Protection Supervisor Qualified doctor Planner Employer Fire Wardens Manufacturer Manager Health and Safety Officer Supplier First Aid Officers Worker Fitter Employees’ Health and Safety representative

10. Prevention and Protection Supervisor The service for the prevention of and protection from risks in the workplace involves: the evaluation of risks; the development, within the realm of responsibility, of preventive and protective measures and of the systems for the inspection of these measures; the development of safety procedures for the company’s various activities; the proposal of information and training programmes for workers; participation in periodic prevention and protection meetings; supplying employees with information about risks, and about the measures and procedures described above; Employees involved in prevention and protection services are bound to secrecy regarding the working processes they learn about during their duties, in accordance with the decree. The prevention and protection service is used by the employer.

11. The Employees’ Health and Safety Representative is consulted in advance regarding the evaluation of risks and the identification of prevention and protection measures; is consulted regarding the nominations and duties assigned by the employer; is consulted regarding the organisation of training; receives company information and documentation regarding health and safety at work; promotes the development, identification and enactment of prevention measures; submits observations regarding inspections and audits carried out by the competent authorities by whom he/she is consulted; attends periodic prevention meetings; submits proposals regarding prevention activities; advises employer of any risks identified during his/her work; appeals to the competent authorities if he/she considers that measures taken by the employer are inadequate for the purposes of ensuring safety and health at work.

12. Organisation: de facto responsibilities Employer Manager Health and Safety Officer Worker De facto exercise of authority (Art. 299 D.Lgs 81/2008) The duty of care applicable to the above-described subjects also applies to those who, although not officially defined, in concrete terms possess legal authority regarding each of the defined subjects.

13. Manager Employer EMPLOYER – definition (art. 2, D.Lgs 81/2008) The person who is bound by contract to the worker or the person who has the responsibility to organise the business in so much as he exercises power of disposition and spending. MANAGER – definition (art. 2, D.Lgs 81/2008) The person who, within the scope of his professional competences and hierarchical and functional powers in accordance with the nature of his job, carries out the employer’s instructions, organising and monitoring the work in question.

14. Health and Safety Officer HEALTH AND SAFETY OFFICER – definition (art. 2, D.Lgs 81/2008) The person who, within the scope of his professional competences and hierarchical and functional powers in accordance with the nature of his job, supervises the work and guarantees that instructions received are carried out, ensuring that this is done so correctly by workers, and exercising a functional power of initiative Worker WORKER – definition (art. 2, D.Lgs 81/2008) Person who, whatever his type of working contract, carries out a job within an employer’s organisation, whether public or private, with or without payment, even with the sole aim of learning a trade, art or profession, excluding domestic help and family members.

15. Management Model: introduction D.Lgs 231/2001 L. 123/2007 D.Lgs 81/2008 In accordance with art. 583 c.p., Injury to persons is considered serious: - if it results in an illness or disability with a prognosis of more than 40 days - if it results in the permanent weakening of one of the senses or an organ Injury to persons is considered extremely serious: - if it results in a certainly/probably incurable illness - if it results in the loss of one of the senses, an organ or a limb - if it results in permanent damage to the face Introduce la responsabilità amministrativa delle persone giuridiche Introduce nel 231/2001, (art. 25 septies) la responsabilità amministrativa delle società in relazione ai delitti colposi di omicidio e lesioni personali gravi e gravissime, commessi in violazione delle norme sulla sicurezza del lavoro L’art. 30 prevede i modelli di gestione aziendali esimenti la responsabilità amministrativa delle persone giuridiche

16. Appropriate Management Model (art. 30 D.Lgs 81/2008) • Themodel adopted and efficiently put into practice must ensure a company system for the fulfilling of all legal obligations regarding: • compliance with technical-structural standards; • risk evaluation and the provision of necessary preventive and protective measures; • activities of an organisational nature, such as emergencies, first aid, management of external contracts, periodic safety meetings, consultations with employees’ health and safety representatives; • health surveillance.

17. Appropriate Management Model: other requirements (art. 30 D.Lgs 81/2008) The Organisational and Management model must include adequate systems for the registration of the implementation of the measures laid down The organisational model must in every case include the organisation of the verification, evaluation, management and control of risks, as well as an appropriate disciplinary system for the punishment of failure to adhere to the measures laid down in the model. The organisational model must also include an adequate system for the control of the implementation of the same model and for the maintenance over time of adequate conditions for the adopted measures. A reassessment and, if necessary, modification of the organisation model must be adopted if significant violations of regulations regarding health and safety in the workplace are revealed, or if there are changes in company organisation and the work involved due to scientific and technological progress.

18. Responsibilities and sanctions Imprisonment or penalty Penalty Imprisonment Administrative sanction Manslaughter Personal injury through negligence Fine Ban Confiscation Publication of the judgement VIOLATION CRIMINAL OFFENCE CRIMINAL OFFENCE

19. Violation: Prescription D.Lgs. N. 758/1994 Inspection by Police The violation is recorded “with prescription” and an indication of the latest possible date for rectification is given Communication to the Judge (suspended procedure) Rectification carried out but penalty not paid Rectification carried out and penalty paid = ¼ of the maximum The date by which the violation can be rectified may be extended at the request of the user Subsequent inspection by police Rectification not carried out Closure of criminal proceedings Re-opening of criminal proceedings Re-opening of criminal proceedings

20. Company’sadministrativeresponsibility • Fines made to companies can vary from a minimum of € 25,822.84 to a maximum of € 1,549,370.69 • Strict bans are also applicable, in addition to fines: • Disqualification from operating the business • Suspension or annulment of authorizations, licences or concessions functional to the violation • Ban from communicating with the public administration, except for obtaining public services • Exclusion from facilitations, financing, financial contributions or support and the possible annulment of any already obtained. • Ban from publicizing goods or services

21. Circumstances exempting responsibility for criminal offences: legal interpretation PREVENTION is determined by three strategic variables Technological upgrading Training of human resources Surveillance Where companies have complied with all three of the above conditions, it is generally agreed by legal doctrine that the employer has fulfilled the health and safety obligations laid down in art. 2087 

22. Jurisdiction: workers’ responsibilities This means that: where the several variables are present • Injuries to health will be attributable to workers’ behaviour , having the characteristics of • exceptionality • Abnormality • compared with working procedure and organisational instructions received

23. Fatalities and accidents in someEuropeancountries ( 2010 )

24. Assumption There are no activities with a zero risk. Wherever there is human activity, there is an element of risk regarding health and safety.

25. Accidents in the home Every year in our country there are around 3,000,000 home accidents with 8400 fatalities (more than six times the number of fatal accidents in the workplace) and 300,000 hospital admissions

26. Thankyou for yourattention