Pubblichiamo di seguito l'articolo integrale pubblicato dal bimestrale Art. 19 anno 10 n. 2 del Marzo-Aprile 2010. La rivista è edita dal Sirs(Servizio Informativo Rappresentanti dei Lavoratori alla Sicurezza )in collaborazione con Provincia di Bologna, Comune di Bologna, Azienda USL di Bologna, Inail di Bologna, Direzione Provinciale del Lavoro di Bologna, CGIL CISL e UIL di Bologna. L'articolo è stato scritto dal Dott. Leopoldo Magelli cui vanno i nostri ringraziamenti.
RLS and risk assessment: yes copy, no copy, perform like!
Leopold Magee
A recent decision of the Court of Ordinary
Milan (January 29, 2010), section work, the court
dr. Athanasius on the lawsuit brought by
Esselunga against one of its employees responsible for safety
(Marcello Donadello) is of particular interest because it addresses a growing problem
"hot", ie the right of RLS
to dispose of the assessment document
risk, in what capacity (paper or computer), the right
to have plenty of time to consult the
you may bring your document outside
corporate headquarters (now expressly forbidden by the Legislative Decree 81/2008
as amended by Legislative Decree 106/93).
is interesting to quote some passages of the sentence which
on some of these points has full right to
RLS.
1) The court points out, first, that "there is certainly more questionable
the obligation of the employer to deliver to the RLS
DVR (DVR
means the risk assessment document) . It is true that
Esselunga did not intend to steal the DVR
examination of RLS, but did not intend to deliver the same
paper copy of the document, but allowed him to consult
on computer, but only using the computer in
company made available for this purpose.
2) The magistrate, the right of RLS,
recognized by law, to have a copy of the DVR (and its requirement
delivery, so by the employer,
of a copy thereof) means "
the material availability of the document by the RLS.
receiving the document can be done both in paper and electronic form,
but always observed the magistrate, "in this context,
because it is an alternative possibility,
this can only be left to the choice of the RLS
which certainly has the right to ask in what form
prefer to read the document itself. " In this case, the DVR
was a document of 500 (!) Pages, and the RLS was
noted that it was unable to properly exercise his duties
(institutionally and legally applicable)
RLS in the absence of the availability of material in the form paper
the document itself, not being good enough to start reading the
on a computer.
3) Indeed, even the judge noted, the obligation to deliver
required by law is carried out by delivering a
something concrete (the copy of the DVR) and not only by providing
the DVR on a personal computer company only
to consult: so, not by handing a copy of
DVR, is questioning the "prerogatives granted by law to
RLS (art. 50 D. Lgs 81/2008), which requires
an analytical and thorough knowledge of the document in question
.
4) and still remembers the judge: "Do not forget
fact that often the DVR as the present one
consist of hundreds of pages
certainly can not be adequately examined without having the material available".
5) With regard to the fact that the DVR can be accessed only
within the company, according to the magistrate
this does not limit the rights of RLS, but it only makes it less convenient to
usability. It is therefore legitimate, just as the law expressly provides
, the company has ruled out the consultation document
outside of the space business.
6) However, in addition to this statement, the magistrate,
in the last lines of his sentence reads as follows:
"As the role of RLS in the company is set to
defense and control of safeguarding the interests of
primary importance, such as those relating to the health of workers
, it follows that the employer must allow
consultation of the RLS
DVR for as long as necessary, taking into account the possible complexity
the document itself. "
So this is a very interesting decision (it should be noted that
is a ruling of first instance, which can obviously be challenged by
Esselunga
and thus be subject to appeal) that puts in the highest 3-point line
importance
- if the RLS so requests, the DVR must be delivered in hard copy;
- the RLS does not lead out from the DVR, but is required to consult
within the company;
- the RLS should be provided with
as long as necessary for effective consultation document stesso.
