Training for workers, safety prevention
The Employer must take all necessary measures to protect the health and safety of workers who carry out any activity within the company.
Legislative Decree 81/2008 contemplates training, information and training as necessary paths that workers must follow to learn the rules and methodologies that are part of the Company’s prevention system. Through training we intend to teach workers the essential notions and procedures, aimed at achieving those skills that allow them to work both by reducing risks and protecting personal safety.
The topic of “training and information” is perhaps the most important obligation that an employer has to fulfil towards employees.
At the regulatory level, the fulfillment regarding information is sanctioned by Article 36 of the Consolidated Law which obliges the employer to inform the worker about:
- risks to health and safety derived activities carried out in the workplace;
- first aid, fire-fighting and evacuation procedures;
- names of the workers responsible for applying safety measures;
- names of RSPP and RLS;
- specific risks related to the task performed, the equipment and substances used;
- protection and prevention measures and activities adopted.
The obligation to train, on the other hand, is established by Article 37, which indicates its contents, methods and particular characteristics. Training is provided through special courses.
When should worker training take place and how long does it take?
The training courses must be administered to the worker even before the employee begins to carry out his duties within the company, however an extension time is granted in the event that it is not possible to do so: the limit is set within 60 days of recruitment.
There are also other cases in which training must take place suddenly:
- in the event of transfer or change of duties by the worker
- in case of alterations to the work process that introduce new risks.
The training activities must be carried out during working hours: the worker is not required to “recover” the hours used in these activities and, in the event that the training is carried out outside working hours, the extra hours used must be paid with the payment of overtime.
The duration and the periodicity of updating safety training courses is mainly defined by the State-Regions Agreements.
This table shows the general framework of the training obligations borne by the Employer indicating the duration of the courses, validity / updating and legal reference.
Lack of health and safety training
Pursuant to the Consolidated Law on Health and Safety at Work, the training obligation provided for in Article 18 of the TUSL is criminally sanctioned through the penalty provided for in Article 55 c. 5 letter c) for the violation of Article 37 (“Training of workers and their representatives”) referred to in Article 18.
For memory we report the text:
“The employer, who carries out the activities referred to in Article 3, and the managers, who organise and direct the same activities in accordance with the powers and responsibilities conferred on them, must: […] comply with the information, education and training obligations laid down in Articles 36 and 37”)
In fact, the first paragraph of Article 37 provides that:
“The employer ensures that each worker receives sufficient and adequate training in health and safety, also with respect to language skills, with particular reference to: a) concepts of risk, damage, prevention, protection, organization of company prevention, rights and duties of the various company subjects, supervisory bodies, control, assistance; b) risks related to the tasks and possible damages and the consequent prevention and protection measures and procedures characteristic of the sector or sector to which the company belongs”
The employer is punished with imprisonment of two to four months or a fine.
In the same way, the obligation to provide training to managers and supervisors (paragraph 7) and the obligations to ensure that firefighters and first aid workers on the one hand (paragraph 9) and RLS on the other (paragraph 10) receive the training required by law are criminally sanctioned.
Occupational Safety and Safety Engineering Courses
Over the years, Safetyone Ingegneria has developed extensive experience in the prevention and protection of health and safety at work, designing and implementing a training offer characterized by courses in the catalog or on request aimed at workers and companies.
The Consolidated Law on Safety at Work attributes to training a central role for the culture of safety.
In addition, Safetyone Ingegneria is accredited for training with Conflavoro PMI – National Confederation of Small and Medium Enterprises – and provides training courses as well as for workers, for all company figures with a guarantee position, such as RSPP (Head of Prevention and Protection Service), ASPP (Prevention and Protection Service Employee), Employers, RLS (Workers’ Safety Representative), Supervisors, Managers.
Safetyone also provides:
- A dedicated staff of training specialists able to support and monitor every training need
- The ability to monitor all regulatory and technical updates
- A creative and non-traditional training methodology (role-playing, etc.)
- Personalized training packages in e-learning mode aimed at companies, self-employed workers and consultants
By virtue of twenty years of experience in training and with the help of a staff of teachers specialized in different sectors, Safetyone Ingegneria is able to provide training courses on safety at work in Milan and in the Lombard provinces of Pavia, Lodi, Cremona, Varese, Bergamo, Brescia, Como and Lecco.
Upon specific request, Safetyone is able to carry out face-to-face training courses throughout northern and central Italy.