What obligation can the employer delegate?
According to article 18, the obligations of the employer that can be delegated to third parties are: to appoint the competent doctor for health surveillance; appoint the workers responsible for fire prevention and fire fighting, ... deliver the dvr to the workers' safety representative.
What is the obligation that the employer could delegate?
But what are the obligations that the employer can delegate? Appointment of the competent doctor; Training and information for workers; ... To supervise the obligation of health surveillance.
What are the activities that the employer administrator cannot delegate?
The employer cannot delegate the following activities: a) the assessment of all risks with the consequent preparation of the document required by article 28; b) the designation of the person in charge of the risk prevention and protection service ".
What is the employer's first task?
The first person who has the task of guaranteeing safety at work within a company is the employer, who has the obligation to: ... evaluate the risks present in the company and draw up a prospectus to prevent and cancel them o reduce them, by drafting the risk assessment document (DVR);
What is not the employer's job?
There are obligations that can be delegated and obligations that cannot be delegated: the employer cannot delegate the following activities: 1. the risk assessment with the consequent preparation of the Risk Assessment Document (DVR); ... the designation of the Head of the Prevention and Protection from Risks Service.
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Which of the following is an obligation for the employer according to Legislative Decree No. 81 2008?
Obligations of the Employer (Legislative Decree 81/2008) ... 81/08, in accordance with the concepts expressed in the EC directives incorporated therein, it is the obligation of the employer to assess the risks and introduction of the Prevention and Protection Service, of which the RSPP is responsible for it.
In which case can the worker be sanctioned?
The law, and above all the jurisprudence, teaches that the worker can be sanctioned both at a pecuniary and criminal level, only if it is proven that the worker behavior was abnormal and that, precisely this abnormality, caused the accident; abnormality that due to its unpredictability lies beyond ...
Who must know the preventive accident prevention measures for safety in the workplace?
In addition to the duty to inform, the employer is also assigned the task of supervising and verifying compliance by workers with accident prevention regulations.
Which of these is the employee's obligation?
The main duties of the employee are three: the obligation of diligence, the obligation of obedience, the obligation of loyalty and confidentiality.
Who informs workers about the outcome of the health checks?
There is an obligation, in the Consolidated Law, to inform the worker about the results of health surveillance. The competent doctor informs each worker concerned of the results of the health surveillance referred to in article 41 and, at the request of the same, issues him a copy of the health documentation.
Who is the employer according to Article 2 of Legislative Decree 81 2008?
The employer is that person who, as established by the Consolidated Law on safety in the workplace, Legislative Decree 81/08, is the holder of the employment relationship with the worker; he is responsible for the company organization since he has decision-making power.
Which of the following tasks is not an obligation of the person in charge?
To summarize, we can state that the person in charge does not have the task of adopting preventive measures, but that of working towards the application of those that have been prepared by third parties, working with their own directives, in order to enforce the precautions provided. .
In which case can health surveillance not be carried out?
Medical examinations of workers cannot be carried out in the following cases: in the pre-employment phase; to ascertain states of pregnancy; in other cases prohibited by current legislation.
When do workers have to be trained?
As can be seen, therefore, the training of workers must be carried out at the beginning of the employment relationship and, moreover, according to what is reported in the other paragraphs of article 37, must take place during working hours and without any economic burden for the workers.
How does the employer define Legislative Decree 81 08 in Article 2 paragraph 1 letter B?
b) "employer": the subject holding the employment relationship with the worker or, in any case, the subject who, according to the type and structure of the organization in which the worker works, is responsible for organization itself or of the production unit as it exercises the powers ...
What are the types of visits that the competent doctor must carry out?Medical surveillance includes:
- preventive medical visit;
- periodic medical visits;
- medical visits to the change in the work destination or to the change in risk;
- medical examination upon termination of the employment relationship (the examination must be carried out before the termination of the employment relationship as required by art.
Which of these is an obligation of the worker?
Each worker must take care of his own health and safety and that of the other people present in the workplace, who are affected by his actions or omissions, in accordance with his training, instructions and means provided by the employer.
What is the specific article of Legislative Decree 81 08 that speaks of the obligations of the worker?
Lgs. 81/08, the second paragraph of art. 20 ("Obligations of workers") specifies the methods by which to fulfill the general obligation referred to in paragraph 1: paragraph 1.
What is the duty of care?
(1) The duty of diligence is substantiated in the execution of the work performance according to its particular nature as well as in the execution of accessory behaviors that become necessary in relation to the employer's interest in achieving a useful service.
Who is held responsible for security purposes by law?
81/08 assigns to the employer the responsibility for all the obligations relating to the implementation of the safety prevention and protection system, distinguishing within these between their own and inelegable obligations and the delegable obligations of these between their own and inelegable obligations and obligations delegable as long as ...
Who identifies the measures to eliminate or reduce occupational risks?
Once the risk assessment has been completed and the general document on risks has been drafted, the employer must concretely take the most effective measures to eliminate or minimize the risks to the health of workers.
Who must provide the necessary training and information to employees on the procedures to be implemented during work at height?
art. 36 which specifies the individual cases in which it is mandatory to provide "adequate information" and specifies that it is the employer who must provide it - albeit not as an indelegible obligation, in consideration of the provisions of art.
What can the worker who commits violations of safety regulations suffer?
Obligations of workers and related sanctions
The Consolidated Law on health and safety at work, in art. ... 20, depending on the severity, penal or administrative sanctions may be incurred. Administrative sanctions are imposed only in case of violation of art.
What happens if PPE is not used?
The worker can be sanctioned by the supervisory body if he does not use the PPE made available by the employer with a fine of €. 150,00, to be revalued every five years to an extent equal to the Istat consumer price index. "
What are the PPE requirements?
- absence of intrinsic risks and other disturbing factors: “PPE must be designed and manufactured in such a way as not to create risks or other disturbing factors under foreseeable conditions of use; ... Furthermore, the use of PPE must not involve actions that could endanger the user ".