Obligation to identify the person in charge
One of the main obligations that emerges from the Interpellation concerns the identification, by employers, contractors and subcontractors, of a responsible to be communicated to the client employer.
This figure is necessary to guarantee the correct implementation of the directives on safety at work and must be designated in every contracted or subcontracted activity.
THE’article 26 of Legislative Decree 81/08modified by Decree-Law n. 146/2021provides that the identification of the person in charge is always mandatory.
Therefore the presence of a person in charge is requiredunless there is a specific exemption justified by the modest complexity organization of the activity.
Characteristics and functions of the person in charge
The person in charge is defined byarticle 2 of Legislative Decree 81/08 as “the person who supervises to work and other activities guarantees correct execution, checking that the workers respect safety provisions e they use protective devices”. This figure has the task of ensuring compliance with safety regulations, intervening in case of non-compliant behaviors.
In particular, thearticle 19 of Legislative Decree 81/08 details the duties of the person in charge, which include:
- supervise and monitor compliance with safety provisions;
- report to the employer any deficiencies in safety devices or other dangerous situations;
- stop workers’ activities in the event of failure to implement the instructions given or persistence of non-compliance.
Clarifications on the identification of the person in charge
One of the questions posed to the Commission concerned the obligation to identify a person in charge even when the activity is carried out by a single worker or by two workers who operate independently without exercising mutual supervisory functions. The Commission has clarified that, even in these cases, the appointment of a person in charge is mandatory. If the activity is carried out by a single worker, the duties of the person in charge are assumed by the employer, since a worker cannot be his own boss.
A further clarification concerns the possibility of designating a person as supervisor who is not physically present at the workplacesuch as the project manager or the project manager. The Commission reiterated that the person in charge must be present on the place where the activities are carried out and must be able to concretely fulfill the supervisory and control functions. Designate a person who does not go to the workplace it is not compatible with regulatory requirements.
Employers’ obligations
The legislation underlines the importance of the role of the person in charge to guarantee safety in the workplace. Employers, contractors or subcontractors have the obligation to indicate to the client the personnel responsible for carrying out this function. This obligation is strengthened byarticle 55 of Legislative Decree 81/08which it predicts sanctions for employers who do not comply with the provisions on the identification of the person in charge.
Question no. 4/2024 therefore reiterates that the employer must ensure that the person designated as supervisor can effectively carry out his functions.
Finally, the Commission highlights the case of scaffolding. In consideration of the role, the legislator, in some cases, has provided for certain activities to be carried out carried out only under the direct supervision of the person in charge such as, for example, in the field of scaffolding.
