Workers’ safety

drawn up by the Milan Health Care Centre (A.S.L.) – Medical Prevention Department

Section 19 of the Integrated Form deals with obligations related to safety at the workplace.

When the setting up of an event requires the use of any type of subordinate workers, including volunteers, the regulations on health, safety and prevention at work must be applied correctly. In particular, Italian Legislative Decree 81/2008 covers the event itself and also the assembling and dismantling of structures and systems used temporarily during the event.

To protect the right to health and safety at work, the above-mentioned decree sets some obligations regarding those who can take part in setting up a performance.

Among those people are the following, who are all subject to obligations according to the Law:

  • Applicant, being the person for whom the works are being carried out, who is also the subject to whom the contract is granted;
  • Location, work area and system designers;
  • Installers and technicians in charge of systems and equipment;
  • Contractors and sub-contractors;
  • Self-employed workers who are in charge of part of the work;

According to the degree of involvement in managing the contract, all the above-mentioned people must ensure that the regulations and legal provisions regarding the health and safety of the workers or people in general are fully respected.

The Applicant must adhere to the obligations indicated in article 26 of Italian Legislative Decree 81/2008 (DUVRI - Unified text on assessment of risks generated by interference between activities conducted simultaneously in the same work space) and, if the activities are within those indicated in Annex X of the same Decree, they must also adhere to the obligations indicated in articles 90, 99, and 101 (safety on temporary and mobile work sites).

Designers of the locations, work areas and systems are obliged to design works and systems for the event, respecting the principles of health and safety in the workplace, while also evaluating the risks tied to the assembling of complex structures and systems.

Installers and technicians must install or assemble systems, and equipment in line with the regulations and instructions of manufacturers and designers in a way that does not compromise the safety of the workers who use the same equipment and the public that will attend the event.

Contractors and sub-contractors must also comply with the obligations indicated in article 26 of Italian Legislative Decree 81/2008 (DUVRI - Unified text on assessment of risks generated by interference between activities conducted simultaneously in the same workplace) and, if the activities are within those indicated in Annex X of the same Decree, they must also adhere to the obligations indicated in title IV relating to temporary and mobile work sites.

Self-employed workers who carry out part of the work must respect the safety regulations for the specific work site.

Below is some advice about how to carry out correct and safe assembling and disassembling. Please note that the checklist is not exhaustive but is rather a series of suggestions.

What to do:

While planning the event the Applicant should:

  • gather the following minimum information in order to choose the right location and assemble structures properly:
  • The size of the place where the temporary structures are to be installed, keeping in mind the safe movement of the prefabricated elements and other work equipment;
  • The bearing capacity of the structures, which must be able to support the maximum permitted loads and possible stress caused by the temporary work, the work equipment and motorized vehicles;
  • The bearing capacity of possible existing structures or anchoring points to be used for lifting the prefabricated elements or other equipment and systems;
  • The safety characteristics of the on-site electrical systems and earthing systems;
  • when planning the activity, consider the work times and work shifts to ensure that the workers have enough time to rest. Do so by correctly programming the activities and working days;
  • get the Safety Coordinator involved (if there is one) in design evaluation in order to ensure correct and suitable safety measures are put into place, thus raising the artistic designers’ awareness about the issue of safety;
  • request that contractors designate at least one person in charge on site. The person should be properly trained and have acceptable professional experience. Please refer to article 2, paragraph 1, letter a) of the Legislative Decree dated 9th April 2008 n. 81, and to guidelines 16 of the Legislative Decree dated 9th April 2008 n. 81.
  • Include in contracts stipulated with contractors a clause regarding the preliminary authorisation of any sub-contract by the Applicant. Sometimes assembling and disassembling of temporary structures and systems may fall into the category regulated by paragraph 1, IV title of the Legislative Decree 81/2008, later modified by the Interministerial Decree dated 22nd July 2014:
  • a) Structures and systems included in Annex X of the Legislative Decree 81/2008
  • b) Other structures and systems included in the Interministerial Decree dated 22nd July 2014

What to do (non-exhaustive list of obligations as per art. 90 and following of the Legislative Decree 81/2008):

  1. If there is more than one contractor, designate a Safety Coordinator accordingly during the planning phase;
  2. If there is more than one contractor, designate a Safety Coordinator before the beginning of works in the execution pahse;
  3. Verify the technical and professional suitability of contractors, sub-contractors and self-employed workers as per Annex XVII of the Legislative Decree 81/2008;
  4. Send, before the beginning of the works, a notice (according to art. 99 of the Legislative Decree 81/2008) to the Local Health Care Centre (ASL) and the Local Directorate for Employment (DTL).

The following documents need to be present on site:

  • Designation of a Safety Coordinator (CSP) during the Design phase a Safety Coordinator during the Execution phase, in compliance with art. 90 points 3 and 4 of Italian Legislative Decree 81/08;
  • Safety and Coordination Plan drafted by the CSP in compliance with art. 100 of Italian Legislative Decree 81/08 containing information on the coordination with the managers of the area that will host the event;
  • A plan showing the work site layout (entrances, deposit areas, transit, escape routes, etc.);
  • Names of the companies (Italian and foreign) that assemble and dismantle the temporary works and the additional elements, porterage, and installation of the systems, equipped with the contractor/sub-contractor contracts, if already stipulated;
  • The original copy of the safety plans of the contractors that will be present on the work site, both Italian and foreign, drafted in compliance with art. 96 point 1 letter g) of Italian Legislative Decree 81/08, signed, dated and written in Italian;
  • Documents indicating that the technical-professional suitability of the companies working on the work site, both Italian and foreign, has been checked, as indicated in art. 90 point 9 letter a) of Italian Legislative Decree 81/08;
  • Preliminary notification pursuant to article 99 of Italian Legislative Decree 81/2008;
  • Identification data of the applicant/works manager as defined in art. 89 point 1 letter b), c) of Italian Legislative Decree 81/08;
  • Certificates of training completion for all the workers present on the work site, drawn up by the employers and specific for each position, in compliance with the new State-Region agreements regarding the general training of Workers, People in charge, Managers (art. 37 Italian Legislative Decree 81/2008) and the specific training for those who use special work equipment (art. 73 point 4 Italian Legislative Decree 81/2008);
  • Certificates of training completion, drawn up by the employers of the staff that handles emergencies, fire-fighting and first aid, together with relevant names and specific updated training certificates as indicated by Ministerial Decree 388/03 and the circular of the Ministry for Internal Affairs – Fire Brigade Department - DCFORM no. 0005987 of 23/02/11;
  • List of the people in charge of each company operating in the work site, together with relevant nomination as indicated in art. 16 of Italian Legislative Decree 81/08 and training certificates with specific reference to the methods and contents indicated by the recent State Region Agreement;
  • Regarding the lifting equipment:
    • Copy of the user and maintenance instructions for the lifting devices that are to be used on the work site,
    • Copy of the test results from the last 3 years for each piece of lifting equipment, according to article 71 point 9 of Italian Legislative Decree 81/2008;
    • Copy of the test register as indicated in art. 71 point 4 of Italian Legislative Decree 81/2008;
    • CE declaration of conformity for each lifting means, giving the production/serial numbers of the work equipment;
    • Statement of first installation to INAIL (National Institute for Insurance against Labour Accidents) (excluding lifting means identified as “special machinery made up of electric hoists with more than one cable” and which are not part of the definition given in the UNI ISO 4306-1 Regulation, according to what is established by Labour and Social Policies Ministry circular and no. 23 of 13/08/2012);
    • Identification data of the owner of same equipment and the company/companies that install or use it;
    • Technical documents regarding the control systems of the lifting means (motor controller).
  • Organisation chart of the work site showing in detail the names and health and safety duties of each person in charge of the contracting companies, including foreign companies and professionals in charge of managing the activities (attached to the PSC);
  • Declaration of conformity of the temporary electric systems used on the work site.

Should the assembling and dismantling operations not be covered by title IV of Italian Legislative Decree 81/2008 and Legislative Decree dated 22nd July 2014, prescriptions included in art. 26 of Italian Legislative Decree 81/2008 must be applied anyway.

In this case, at least one copy of the following documents must be present in the work site (the list in not exhaustive):

  • Unified text on assessment of risks generated by interference between activities conducted simultaneously in the same workplace, drawn up by the employer and shared by the employees and self-employed professionals that work in the worksite;
  • Documentation for each company that works in the workplace, as indicated in article 26 point 1 letter a) of Italian Legislative Decree 81/2008;
  • Declaration of conformity of the electrical systems if used during the assembling or dismantling phases;
  • With reference to the lifting equipment:
    • Copy of the user and maintenance instructions for the lifting devices that are to be used on the work site,
    • Copy of the test results from the last 3 years for each piece of lifting equipment, according to article 71 point 9 of Italian Legislative Decree 81/2008;
    • Copy of the test register as indicated in art. 71 point 4 of Italian Legislative Decree 81/2008;
    • CE declaration of conformity for each lifting means, giving the production/serial numbers of the work equipment;
    • Statement of first installation to INAIL (National Institute for Insurance against Labour Accidents) (excluding lifting means identified as “special machinery made up of electric hoists with more than one cable” and which are not part of the definition given in the UNI ISO 4306-1 Regulation, according to what is established by Labour and Social Policies Ministry circular and no. 23 of 13/08/2012);
    • Identification data of the owner of same equipment and the company/companies that install or use it;
    • Technical documents regarding the control systems of the lifting means (motor controller);
       
  • Certificates of training completion for all the workers present on the work site, drawn up by the employers and specific for each position, in compliance with the new State-Region agreements regarding the general training of Workers, People in charge, Managers (art. 37 Italian Legislative Decree 81/2008) and the specific training for those who use special work equipment (art. 73 point 4 Italian Legislative Decree 81/2008);
  • Certificates of training completion, drawn up by the employers of the staff that handles emergencies, fire-fighting and first aid, together with relevant names and specific updated training certificates as indicated by Ministerial Decree 388/03 and the circular of the Ministry for Internal Affairs – Fire Brigade Department - DCFORM no. 0005987 of 23/02/11.

Do not forget that:
All contractors and sub-contractors will need to comply with Legislative Decree 81/2008 regarding specific risks linked to their work.

These recommendations are applicable by law even if authorisations are not required for organising the event.

Section 20 of the Integrated form “Worker’s protection” needs to be filled out with a list of sub-contractors.

Camera di Commercio Industria Artigianato e Agricoltura di Milano.
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