Why an organizational effectiveness has extenuating circumstance, there must be proper management of activities related to the execution of works contracts. Responsibility, qualification of suppliers, security costs, coordination and supervision.
- Leg. 81/2008: the contracts with regard to safety and health at work is regulated in Article 26. It is emphasized, in relation to the themes of the meeting, paragraph 1, 4 and 5;
- Leg. 276/2003 "Implementation of proxies in respect of employment and the labor market, including the Law of 14 February 2003, no 30 ": With reference to Article 29 (Contract) and 30 (Detachment).
After defining who is a worker ("regardless of the type of contract held a job in the organization of a public or private employer, with or without pay, but only to learn a trade , an art or profession, excluding domestic service workers and family ") are addressed responsibility of the employer.
The offenses alleged "is that in the case of a contract not genuine, the worker may be effectively regarded as detached". The Employer Labour should "provide all the requirements applicable to their employees, so in case of injury to a business that does not fall within the production cycle, but that was contracted and which therefore was not done the risk assessment , the customer could be charged with failure to assess risk, non-health surveillance, lack of training etc .... "
Other responsibilities may be related to the "non-recognition of the security costs" and "lack of coordination, and enforcement of preventive measures by the Customer."
In relation to the technical aspects and, in particular supplier qualification, "which documents apply to avoid having to respond jointly to the employees of companies under contract to the non-payment of wages and social security and insurance and / or to correctly handle the ' contract? An example of
documents require:
- Certificate of registration with the Chamber of Commerce;
- self-certification of the eligibility requirements of Article 26 Technical and vocational paragraph 1 letter a) point 2 of Decree. April 9 2008 No 81;
- codes of INPS and INAIL;
- evidence of regular dell'assolvimento obligations of insurance and contributions to date of request for qualification (DURC)
- unique book for each employee working within the contract,
- medically fit for the job for each employee working within the contract pursuant to article 41 D. Lgs. 81/08 and later. mod. and under L.131/2003;
- a reference to insurance liability and RCO contracted voluntarily, the ceilings, any waiver of recourse;
- documents relating to the risks introduced within the framework the contract;
- references, books for registration, certification similar quality and supplementary documentation;
- appointment of the Leader to coordinate the work within the contract. "
is clear - keep the speakers - who have a lot of documents and evidence, "may be good for the protection of workers, but on the other an interference that could co-responsibility."
Regarding the definition of the contract , please note that " technical specifications in the contract in addition to unambiguously circumscribe the contract (for the guarantee of its genuineness) are also the tool with which the Authority is able to prove that he supervised the work (think of the maintenance of the crane, rather than the lift trucks).
addition security costs "are one of the less obvious but more important to protect the purchaser in the case of serious injury or serious of a worker of a firm under contract." And not only for the Customer: "failure to provide for the costs of security implies the nullity of the contract, which means that if the contractor in case of notices required by the major purchaser of security arrangements not budgeted ( as safety nets in the rebuilding of a roof etc.). may require payment or cancellation of the contract. "
But what are the costs of security to be provided in the contract?
There is, in this respect, a guideline of the conference regions and autonomous provinces (currently only reference ") in which" are defined as security costs: the costs of measures taken to eliminate or, where that is not possible, to minimize the risks to the health and safety arising from the interference of the process.
The definition of costs must be "fair, analytical individual items, or to body size (not to percent), referring to price lists, standard or specialized, or based on official price lists or price lists in force in the area concerned, or the list price of the security measures of the customer. " If a list price is not applicable or available, "will include the cost to complete and are derived from market surveys."
In particular, "the individual items of security costs should be calculated by considering the cost of their use for the supply or service concerned including, when applicable, the installation and subsequent removal, any maintenance and depreciation ".
Regarding the management of the contract is also important to "highlight and record the daily coordination between the managers of companies under contract."
This can be done "by a survey report before starting to work, then daily updates of any changes in initial conditions."
On the supervision, the buyer must ensure compliance with the measures identified in DUVRI "" This to ensure compliance with the rules and how to ensure that the costs are real. Supervision is also the renewal of the status of the company for other contracts. It is important, in the contracts, provide evidence of costs incurred by the customer for vigilance. "
conclusion, more than DUVRI (Single Document for the Evaluation of Risks interference, a requirement of job security) the Purchaser shall:
- "write good contracts;
- include security costs ;
- manage contracts in everyday life. "
must "manage the procurement process, dividing the responsibilities within the entity." If this administration is not adequate, "it lacks the respect of Article 30 of Legislative Decree no. 81/2008.
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