Following the discussion between the Ministry of Labor, Ministry of Health, MISE, INAIL and social partners, last June 30, the Ministry of Labor and Social Policy announced the signing of the new "Shared Protocol for Updating Measures to Combat and Contain the Spread of the SARS-CoV-2/COVID-19 Virus in Workplaces."
The Protocol updates the measures to combat and contain the spread of SARS-CoV-2/COVID - 19 in workplaces, which were already provided for in the Shared Protocols signed after the declaration of the state of emergency, specifically on March 14, 2020, April 24, 2020, and April 6, 2021.
Therefore, the document under comment contains updated operational guidelines aimed at facilitating companies in adopting anti-infection safety protocols also in view of the current epidemiological situation, which is registering a new rise in infection rates.
Preliminarily, the Protocol stipulates that employers should update the Shared Regulatory Protocol within their workplaces in light of the new measures, possibly supplementing them or applying additional ones that are more incisive in countering the spread of the virus.Â
Below are the main aspects regulated by the Protocol:
Information
The employer must ensure that all workers and in general anyone who enters the company:
- has the knowledge and accepts that he/she cannot enter or remain in the company and that he/she must declare it promptly in the presence of Covid-19 symptoms;
- undertakes to comply with all regulations of the Health Authorities and the employer in making access to the company;
- undertakes to promptly and responsibly inform the employer of the presence of any flu symptoms during the performance of work.
Ways of entering the workplace
Personnel, prior to entering the workplace, "may be subjected to a body temperature check. If this temperature is found to be higher than 37.5°C, access to the workplace will not be allowed."
People with a temperature above 37.5° C "will be temporarily isolated and provided with FFP2 masks" where they are not already equipped and should not go to the Emergency Room and/or site infirmaries, but should contact their attending physician and follow his or her instructions.
In addition, it is stipulated that readmission to work after infection with SARS-CoV-2/ COVID-19 virus will take place - according to the modalities stipulated in Article 4 of Decree-Law No. 24 of March 24, 2022 converted into Law No. 52 of May 19, 2022 and Ministry of Health Circular No. 19680 of March 30, 2022 - upon transmission, also by electronic means, to the territorially competent department of prevention of the report showing the negative result of a rapid antigenic or molecular test for the detection of SARS-CoV-2, also carried out at private centers qualified to do so.
As with the previous protocol, the real-time collection of body temperature constitutes the processing of personal data and, therefore, must be done in accordance with the regulations for the protection of such data.
Procurement management
In the event of a confirmed positive test for contractor employees working at the same production site as the principal, the contractor shall notify the principal immediately, through the competent physician if present.
The client must provide full disclosure of its protocol to the contracting company and supervise its full compliance (not only by its own employees) but also by the contractor's employees. Â
On-farm cleaning and sanitation, air exchange
On the subject, the Protocol stipulates that the employer has a duty to ensure "daily cleaning and periodic sanitization of the premises, rooms, workstations and common and recreational areas," as stipulated in Ministry of Health Circular No. 17644 of May 22, 2020 and ISS COVID-19 Report No. 12/2021.
Therefore, in the case of the presence of a person with COVID-19 within the business premises, it is necessary to clean and sanitize them, as well as ventilate them, following the provisions of Ministry of Health Circular No. 5443 of Feb. 22, 2020.
But that's not all; in fact, it is necessary on the part of the employer to provide cleaning, at the end of the shift, and periodic sanitization of keyboards, touch screens and mice with the appropriate cleaning agents, both in offices and production departments, which also applies to work equipment of mixed use.
It is also prescribed that in all workplaces "measures are taken to allow constant air exchange, including through controlled mechanical ventilation systems."
Personal hygiene precautions
The Protocol requires (as with previous protocols) that people in the workplace resort to all hygienic precautions, particularly for hands. The employer, for this purpose, must make available suitable and sufficient means of hand cleansing and disinfectants, which must be accessible to all workers, including through specific dispensers placed in easily accessible places. Frequent cleaning of hands, with soap and water, is recommended in all cases.
Respiratory protective devices
With reference to "respiratory protective devices," it is pointed out that the use of FFP2 "masks," although to date mandatory only in certain sectors, remains an important safeguard to protect the health of workers for the purpose of preventing contagion in work contexts in closed environments shared by several workers or open to the public or where, in any case, it is not possible to have an interpersonal distance of one meter due to the specificities of work activities.
In any case, the new Protocol stipulates the employer's duty to ensure the availability of FFP2s in order to enable all workers to use them. In addition, the employer shall identify particular groups of workers to be provided with appropriate personal protective equipment (FFP2), which shall be worn, paying special attention to frail individuals, in consultation with the competent physician or the person in charge of the prevention and protection service and taking into account the specific tasks and individual work context.
Health surveillance/competent physician/RLS
The Protocol states that it is necessary, while complying with the hygienic measures recommended by the Ministry of Health and in accordance with the WHO, "that health surveillance is aimed at the full reinstatement of the planned medical examinations, after documented assessment by the competent physician taking into account the epidemiological trend in the relevant territory."
In particular, it is pointed out that health surveillance "in addition to intercepting possible cases and suspected symptoms of the infection",constitutes an opportunity for "information and training" by the competent physician to workers "regarding prevention and protection measures, including the availability of specific anti-SARS-CoV-2/Covid-19 vaccine prophylaxis and on the proper use of PPE in the cases provided."
It is also stipulated that the competent physician shall work in consultation with the employer, RSPP and RLS/RLST in order to identify and implement the most appropriate measures aimed at limiting the risk of infection.
It is still stipulated that for the purpose of readmitting the worker to work following a positive finding, in addition to what was mentioned above in point 2, a medical examination by the competent physician, regardless of the duration of the absence, is to be carried out, aimed at verifying suitability for the job and any "specific risk profiles."
Agile work and fragile workers
Regarding "agile work," the Protocol notes how the same always represents a valuable safeguard to counter the spread of Covid-19 infection, all the more so with reference to fragile workers. Therefore, the extension of the possibility of resorting to the tool of emergency agile work, governed by Article 90, paragraphs 3 and 4, of Decree-Law No. 34 of May 19, 2020, converted with amendments by Law No. 77 of July 17, 2020, is advocated. With reference to "frail workers," it is noted that the employer must establish "specific preventive and organizational measures" for them, after consulting the competent doctor.
