CORONAVIRUS: PROTECTION OF WORKERS' HEALTH

The current health emergency, due to the spread of the Covid-19 virus throughout the national territory, requires employers to implement a series of actions aimed at protecting the health of their employees.

In fact, the protection of workers' health constitutes an obligation for the employer pursuant to the combined provisions of art. 32 of the Constitution and art. 2087 of the Civil Code: specifically, the employer is required not only to refrain from harmful behavior towards workers, but also to adopt all necessary measures regarding safety and hygiene in the workplace in order to preserve the physical and mental integrity and moral dignity of workers in the workplace.

For completeness, it is worth recalling Legislative Decree 81/2008, which establishes a series of specific obligations and procedures for safeguarding health and preventing illnesses and accidents at work.

Therefore, in light of this regulatory framework, the failure to adopt adequate measures aimed at protecting workers' health may result not only in the legitimate refusal of the worker to comply with company directives and therefore to go to work, but also in the worker's right to compensation for any health damage caused—according to the causal relationship—by the employer's conduct.

In order to avoid the consequences described above, it is therefore advisable that the employer, in facing this particular health emergency, implements specific behaviors as indicated in the “Shared protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace” signed on 14.3.2020 by the Government, trade unions, and businesses.

The protocol specifically contains guidelines to assist companies in adopting anti-contagion protocols and securing workplaces, including the following:

- Daily cleaning and periodic sanitization of company premises, environments, workstations, and common and recreational areas;

- Cleaning and sanitization of company premises according to the provisions of circular no. 5443 of 22.2.2020 from the Ministry of Health in the event of the presence of a COVID-19 positive person inside company premises;

- Cleaning at the end of shifts and periodic sanitization of keyboards, touch screens, and mice with appropriate detergents both in offices and in production departments;

- Adoption of hygienic precautions, especially for hands, by people present in the company;

- Provision of suitable hand cleaning products;

- Adoption of hygiene measures and personal protective equipment.

In conclusion, the employer in such a time of health emergency: i) must strictly comply with the regulations and measures imposed by law; ii) must always act in accordance with common rules of prudence, diligence, and expertise.

Avv. Laura Mingrino

www.studiolegalemingrino.it