31 MAY 2013 STOP SELF-CERTIFICATIONS: OBLIGATION TO DRAW UP THE RISK ASSESSMENT DOCUMENT (DVR).
As of May 31, 2013, the DVR has replaced the previous SELF-CERTIFICATION RISK ASSESSMENT, which will no longer have any value; even those who have never done anything in this regard can regularize their position by carrying out the DVR with standardized procedures.
Therefore, as of June 01, 2013, all companies, regardless of the number of workers employed, must be in possession of the Risk Assessment Document (DVR), demonstrating that all the risks present in the workplace have been evaluated.
The Legislator has made it clear on several occasions that the worker is the “person who, regardless of the type of contract, carries out a work activity within the framework of the organization of a public or private employer, with or without pay, even for the purpose of learning a trade, art or profession, excluding domestic and family service workers.”
Therefore, the protected persons are all workers, subordinates, as well as the subjects treated as such.
Employed persons and persons treated as such are:
• Permanent employees (Article 2094 of the C.C.);
• Fixed-term employees (Legislative Decree 381/2001);
• Workers on part-time contracts (D.Legislative decree. 61/2000);
• Workers with intermittent employment contracts (Art. 33 ss D.lgs. 276/2003);
• Workers in administration (Art. 20 ss D.lgs. 276/2003);• Project workers (Art. 61 ss D.lgs. 276/2003) if they perform the service in the customer’s workplaces (art. 3 co. 7 D.lgs. 81/08);
• Coordinated and continuous collaborators (art. 409 paragraph 1 n. 3 C.P.C.), if they perform the service in the places of work of the Customer art. 3 co. 7 D.lgs. 81/08);
• Occasional workers (Art. 70 ss D.lgs. 276/2003), unless the work activity is concerned with one of the work activities provided for art. 3 co. 8 of legislative decree. 81/08;
• Apprentices (Legislative Decree 167/2011);
• Trainees benefiting from the initiatives referred to in Art. 18 of Law No. 196 of 24 June 1997 and referred to in specific provisions of the Regional Laws;
• Associates in participation of opera (Art. 2549 of the C.C.);
• Workers of SNC, SAS, SRL etc.;
All “employers” who have employees in their workforce and treated as such, as in the case studies cited, are obliged to draw up the Safety Risk Assessment Document.
Only selfemployed persons who work exclusively alone as self-employed persons and who do NOT have subordinate and equivalent employment relationships of any kind are therefore excluded.
Therefore, all selfemployed persons are not obliged to draw up the DVR, since that obligation falls solely on the employer.
It should be remembered that the risk assessment and the consequent elaboration of the DVR must be carried out by the Employer in collaboration with the Safety Officer (RSPP) and with the Competent Doctor (in cases where the designation and related health surveillance is mandatory) and must be kept in the company, with a “certain date”, and exhibited in case of inspection of the control body.
The evaluation and drafting of the document is one of the obligations of the Employer who cannot delegate (art. 17, paragraph 1, point a).
The Risk Assessment Document must be drawn up in accordance with the criteria laid down in Articles 28 and 29 of the Consolidated Text and must contain a detailed description of all risks to the health and safety of workers and the criteria by which they are evaluated, specifically:
- a report on the assessment of all risks to safety and health during work, specifying the criteria adopted for the assessment itself;
- an indication of the prevention and protection measures implemented and the identified protective measures adopted;
- the programme of measures deemed appropriate to ensure the improvement of safety levels over time;
- the identification of the procedures for implementing the measures to be implemented and the roles of the company organization to be provided for them, to which only persons with adequate skills and powers must be assigned;
- an indication of the name of the person responsible for the prevention and protection service, the representative of the workers for safety or territorial safety and the competent doctor who participated in the risk assessment;
- the identification of tasks which may expose workers to specific risks requiring recognized professional skills, specific experience, appropriate training and training.
It should be recalled that the DVR must, pursuant to Art.29 c.4 D.Legislative decree. 81/08, must report the certain date, always be kept inside the premises where the activity is located and is complementary to the other obligations provided for by law (appointment of: RSPP, RLS, fire officer, first aid officer, competent doctor, etc.); it also does not expire and does not require any changes or updates except in these cases:
- change of location;
- change of type of activity;
- inserting other activities;
- corporate change;
- replacement or integration of machinery.
Below we summarize the penalties provided for the employer in case of violations related to the drafting of the DVR (Art. 55 of the D.Legislative decree. Regulation (81/08) as amended by D.Legislative decree. 106/09):
1) Failure to draft the risk assessment document (Violation of Article 29, paragraph 1)
Arrest from 3 to 6 months or fine from € 2,500 to € 6,400;
2) Incomplete drafting of the DVR – failure to indicate the provisions of Art. 28 letters:
b) prevention and protection measures and PPE;
c) program of measures deemed appropriate to guarantee the improvement of safety levels over time;
d) procedures on the measures to be adopted and distribution of tasks and responsibilities.
Fine from € 2,000 to € 4,000
3) Incomplete drafting of the DVR – failure to indicate the provisions of Art. 28 letters:
a) report on the assessment of all risks, in which the criteria adopted for the assessment are specified;
f) identification of tasks that expose workers to specific risks or require recognized professional skills, specific experience, adequate training and training.
Fine from € 1,000 to € 2,000
Let us remind those who have not drawn up a self-certification, taking into account this time deadline (31 May 2013), to take action in any case with the aim of completing the risk assessment process, as required by current legislation, trying to draw up a DVR “in accordance with its company reality”, avoiding generalized formulas, with the aim of demonstrating to the supervisory bodies that they have “really” complied with the provisions on health and safety protection in the workplace and relatedly avoid the above administrative and /or criminal sanctions.
STESIA Engineering is at your complete disposal for any clarifications both regarding the drafting of the DVR, and the mandatory courses (RSPP, RLS, worker training, fire handler, first aid worker etc..) activated at their headquarters or on the road (if a significant number of participants are reached), and when taking up the position of EXTERNAL RSPP, if employers cannot attend the relevant course.
- by calling 0774.4364290774.436429 during business hours;
- sending an email to the firstname.lastname@example.org address (answers within 24 hours)