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HEALTH AND SAFETY AT WORK - Coggle Diagram
HEALTH AND SAFETY AT WORK
EMPLOYER'S OBLIGATION
he has to protect workers against physical and mental harm and their moral personality taking into consideration the particular features of the work
he has the duty to ensure safety and health of the workers in every aspect related to the work
Physical and mental health
Dignity
Responsability for services provided by third parties
he has NO responsibilities in 2 cases
unforeseeable circumstances ( circostanze imprevedibili)
employee misconduct (cattiva condotta)
Italian implementation of EU Law
OBJECTIVE: all sectors of activity (public and private ) except for specific public sector activities
SUBJECTIVE: all employees except for domestic servant and self-employed
EMPLOYER'S SAFETY REQUIREMENTS
So far as is technologically feasible (Italy, France)
No-fault liability
(EU Commission)
So far as is reasonably possible (UK)
he has to show the limits between risk to the safety and health of workers and the sacrifice
OCCUPATIONAL RISK ASSESSMENT (valutazione del rischio professionale )
HIERARCHY OF PREVENTIVE MEASURES (improvement of the level of protection by establishing a prevention plan)
1) Elimination of the risk from workplace
2) Substitution with another less dangerous
3) Engineering control (i.e. ventilation, enclosing dangerous processes)
4) Personal Protective Equipment (PPE)
PERSONALIZATION’ OF RISKS ASSESMENT
workers receive health surveillance
special attention to a worker who is exposed to a particular risks
delegate tasks to a worker taking into account his health and safety particular attention to a pregnant woman)
risks are continuously changing so prevention should be adopted to technical progress (periodic evaluation)
employers delegate workers for activities related to protection and prevention. ONLY when there are no appropriate workers, the employer can call external people
they MUST have capabilities and necessary means and MUST be in a sufficient number
they MUST receive appropriate training at the expense of the employer
EMERGENCIES
PREVENTIVE MEASURES
for first aid, fire-fighting and evacuation of workers
adeguate training to workers
inform people who are exposed to a danger
take actions
do not ask workers to go back to work in a dangerous situation
respect the right to stop working
WORKERS REPRESENTATIVE
they must have access to preventive and protective measures and list and reports on accidents
adeguate time off work without loss of pay
no discrimination because of their role
WORKERS
workers must receive all the necessary informations regarding safety and health risks and specific training in case of introduction of new equipments or new technology
each worker has the responsibility to take care of his safety and health and the one of the other people. HOW ?
inform the employer and workers of immediate danger
make correct use of means of production and personal protective equipment
ensure that the working environment is safe
CHAIN OF RESPONSABILITIES
2) EXECUTIVE/MANAGER
1) EMPLOYER
ensure safe working environment by a constant supervision
civil liability (responsabilità civile)
responsible for administrative fines
responsible for criminal liability (ONLY for lack of supervision otherwise is responsible who made the crime)
4) EMPLOYEE
3) DEPARTMENT/OFFICE HEAD: follow the manager and employer's instructions