Under this sudden pressure, the Ministry of Labor issued the Circular letter MLPS 9 February 2012 of coordination of its territorial structures, in which, calling all the inspectors of the national territory to action, it was clearly reiterated that all activities related to the set-up and dismantling of structuresfixed and mobile, and systems (for example: grandstands, stages, pavilions, stands, etc.) installed on the occasion of shows, exhibitions, trade fairs and cultural events fall within the scope of the Title IV of the Consolidated Law no. 81/2008 fell – at least at the time – entirely within the scope of the so-called “temporary or mobile construction sites”.
In fact, a careful reading of the precepts contained in the Title IV of Legislative Decree no. 81/2008although it has generated great protests from specific “insiders”, leaves no doubt on the possibility of tracing the entertainment and trade fair sector back to the setting up of a construction site.
The definition referred to in theart. 89, paragraph 1, letter a)offers the first indications, namely: “temporary or mobile construction site, referred to as “construction site”: any place where building or civil engineering works are carried out, a list of which is given in Annex X”.
>> Workplace Safety. Pros and Cons of “Social” Construction Site Management
To theAnnex X (List of building or civil engineering works referred to in Article 89, paragraph 1, letter a) a detailed examination is provided of all activities which can be considered to fall within the definition of construction site:
- works relating to fixed, permanent or temporary structures;
- construction, maintenance, repair, demolition, conservation and redevelopment works;
- renovation or equipment, transformation, renewal or dismantling works.
All of the above is reported not exclusively to purely building constructionsbut as can be seen from the same law, for fixed, permanent or temporary works (in masonry, reinforced concrete, metal, wood or other materials).
Let’s now analyze in detail what the inter-ministerial decree provides, regarding construction sites for entertainment events. Danilo GM De Filippo, explores this aspect in the “smart” safety manual for construction sites, published by May Publisherfrom which this article is extracted.
What does the inter-ministerial decree provide?
Given the dramatic results of the surveillance activities carried out in that period and considering the “raising of shields” of the event organizers and specialized companies in the sector, the legislator decided to intervene quite quickly, through the issuing of the Interministerial decree 22 July 2014 (and the Circular no. 35 of 24 December 2014 of the Ministry of Labour and Social Policies) which aims to regulate:
- The entertainment sector (or more generally of entertainment) – in Chapter I of the decree;
- the trade fair events – to the Chapter II of the decree. To paragraphs 1 And 2 of theart. 1 (concerning the subject of these Guidelines), it is stated that the provisions of Chapter I of the inter-ministerial decree (i.e. those referring to entertainment and show business activities) must strictly apply to: assembly and dismantling activities of temporary works, including their set-up and dismantling with audio, lighting and stage equipment, created for musical, cinematographic, theatrical and entertainment shows, subject to the exclusions provided for.
Before analyzing the content of the inter-ministerial decree, including its exceptionsit is necessary to reiterate the concept that the assembly and dismantling activities of temporary works are, always and in any case, work activities placed under the protection of specific legislation and therefore, whether or not a “construction site” situation occurs, it is always necessary to adopt specific accident prevention measures.
When can an event be considered a construction site?
The following diagram shows the different situations which may arise during the preparation of an event:
Obviously, the inapplicability of the Title IV (partial or total) however, it implies the obligation to consider the regulatory provisions valid of which to Titles I, II, and III, because, if it is true that we are not in front of a construction site, we are still in front of a “place of work”, even if of extremely short duration.
The di has however wanted to explain the need to apply, in the majority of cases, the typical protections of the shipyards, by virtue of the peculiarities that characterise the setting up of temporary works (OT) for shows:
a) co-presence of multiple executing companies in the work areas, with variable duration of stay;
b) presence of a high number of workers, self-employed or employed,
in the work areas, with a variable length of stay and with performance
of different tasks;
c) frequent presence of companies and workers of different nationalities in the areas
of work;
d) need to complete the works in a short time, compatible with the
scheduled performances;
e) need to carry out work in restricted spaces;
f) possibility of operating in contexts characterised by architectural or
environmental;
g) risks arising from weather and environmental conditions in relation to
to activities to be carried out in open spaces.
From the overall picture outlined, it seems quite simple to try to draw up a list (obviously not exhaustive) of “events” which, if they provide for the setting up of temporary structures, could be considered “construction sites”whether they take place indoors (e.g. a theatre) or outdoors (such as a square):
- shows and concerts;
- theatrical performances;
- sports competitions;
- parades;
- commemorative representations;
- etc.
The exclusions
The provisions of the decree do not apply to the following activities/cases:
- activities that take place outside the assembly and dismantling phases of temporary works;
- assembly and dismantling activities of platforms up to 2 m high from a stable surface, not connected to other structures or supporting other structures;
- assembly and dismantling activities of beams, beam systems or gratings suspended from stands or towers with manual or motorised lifting, whose assembly takes place on the ground or on the stage floor and whose final height with respect to a stable plane, measured at the extrados, does not exceed 6 m in the case of stands and 8 m in the case of towers;
- assembly and dismantling activities of temporary prefabricated works, made with elements produced by a single manufacturer, assembled according to the indications, configurations and maximum loads foreseen by the same, whose overall height with respect to a stable plane, including the roofing elements directly connected to the support structure, does not exceed 7 m.
To learn more, continue reading from the manual
Photo:iStock.com/Semih Agul
