Question no. 4/2024, issued by Ministry of Labor and Social Policiesclarifies the interpretation of the rules regarding the figure of responsible in procurement activities, with particular reference to the changes introduced by Law 17 December 2021, n. 215, which converted the Decree-Law of 21 October 2021, n. 146.
The Commission responded to a question raised by Modena Chamber of Commerce regarding the mandatory presence of the person in charge in procurement activities and the conditions in which he must be identified.
This issue, crucial for the management of safety in the workplaceraises some questions: is it always necessary to appoint a person in charge, even in the presence of few operational units? How should this figure be managed in the case of contracts with individual workers or when the person responsible for the job is not present in the field?
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The role of the supervisor: definition and regulatory obligations
Article 2 of Legislative Decree 81/2008 defines the person in charge as a professional figure who, due to hierarchical and functional skills, supervises the work activity, supervising the compliance with the directives imparted by superiors and ensuring the implementation of safety regulations.
The person in charge also has the task of intervening to correct non-compliant behavior and reporting any dangers or deficiencies in work equipment to the employer or manager.
The law attributes to this figure a great responsibility in the prevention of accidents at work, making him a fundamental pillar of the company safety system. Articles 18 and 19 of Legislative Decree 81/2008 further specify its obligations, providing for theobligation for the employer to identify at least one person in charge of supervising work activities.
It is therefore clear that the role of the person in charge cannot be undertaken lightly, and is subject to specific rules and sanctions in case of omissions or violations.
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Questions from the Modena Chamber of Commerce
Question no. 4/2024 of the Ministry of Labor and Social Policies answers three main questions:
- Obligation of the person in charge in contracting activities with two workers: The Chamber of Commerce asked whether it is mandatory to appoint a supervisor even when two workers carry out their tasks independently without exercising supervisory functions over each other.
- Supervisor physically present in the workplace: It was asked whether the person in charge must be physically present at the client’s premises or whether he could be a project manager who never goes to the site of the activities.
- Single contract worker: Finally, we asked whether it is mandatory to appoint a person in charge even if there is only one worker carrying out the contracting activity.
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The commission’s responses
The Commission for questions regarding health and safety at work provided detailed answers to the questions presented by the Modena Chamber of Commerce, precisely clarifying the role and responsibilities of the person in charge in procurement activities, with particular reference to Law 215/ 2021 and the amendments made to article 26 of Legislative Decree 81/2008.
First question: Mandatory manager in business with two workers
The first question concerned the obligation to appoint a supervisor in a contracting activity involving two workers, who operate independently and do not have supervisory functions over each other. The Commission reiterated that, pursuant to current legislation, the person in charge is always mandatoryeven when the activity is carried out by two self-employed workers. This obligation derives from the fact that the role of the supervisor is central in guaranteeing safety at work, regardless of the presence or absence of hierarchical functions among workers.
The Commission underlines that the legislator intended to strengthen the figure of the person in charge, making it indispensable in any working context, including less structured ones or with a small number of workers. The objective is to ensure that there is always a person responsible for monitoring safety, capable of intervening promptly to correct any behavior that does not comply with safety regulations.
Second question: Does the supervisor have to be physically present in the workplace?
The second question addressed another crucial issue: the need for the person in charge to be physically present at the client’s premises. It was asked whether the person in charge of the order, for example the project manager who never goes to the customer, can act as supervisor.
The Commission has clarified that the person in charge must be identified among the staff who can effectively carry out the supervisory and supervision tasks. This means that the person in charge must be physically present at the workplace to ensure effective and constant supervision. A project manager who does not go to the workplace cannot be designated as supervisor, as he would not be able to carry out his control and intervention functions in the event of danger or non-compliant behavior on the part of workers.
This clarification highlights the importance of the operational presence of the person in charge, not only as a formal figure but as an active subject in the field. Physical presence allows the manager to monitor work activities in real time and intervene immediately if necessary.
The function of the person in charge, therefore, cannot be delegated to figures who do not directly participate in operations in the workplace.
Third question: Mandatory supervisor for a single worker?
The third question raised by the Modena Chamber of Commerce concerned the need to appoint a person in charge in a procurement activity carried out by a single worker. The Commission provided a detailed response, specifying that a worker cannot be his own boss. In a context in which a procurement activity is carried out by a single worker, the person in charge necessarily coincides with the employer.
This indication clarifies that the role of the supervisor, which involves the supervision and control of work activities, cannot be carried out by the same worker who carries out the operations. Therefore, in the presence of a single worker, the employer will take on the role of supervisor and directly supervise the activity. This configuration is permitted only in contexts of reduced organizational complexity, where the employer can effectively exercise supervisory powers directly.
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Strengthening the role of the person in charge and consequences for companies
The Commission highlighted, in all its responses, the centrality of the person in charge as a guarantor for workplace safety. The legislator wanted to give this figure a crucial role in the accident prevention system, so much so as to make it mandatory in all situations in which procurement activities are carried out, regardless of their complexity or the number of workers involved.
It is important to note that failure to identify a person in charge in procurement contexts can lead to heavy sanctions for employers, as provided for in Article 55 of Legislative Decree 81/2008. In fact, the law sanctions the omission or violation of the provisions relating to the appointment of the person in charge with specific economic and administrative penalties.
Companies must therefore pay particular attention to the correct application of these regulations, especially to avoid legal risks and to guarantee a safe working environment that complies with current laws. The identification of the person in charge cannot be considered a mere formality, but a real operational obligation that affects the daily management of work activities.
