Awarding of Contracted Works

The current legislation, which regulates relations with contractors or self-employed workers in the event of assignment of work to be carried out at our offices, imposes certain obligations on the INFN:

The verification of the technical-professional suitability of the companies contractors or self-employed workers in relation to the work entrusted to them; The communication of detailed information on the specific risks existing in the environment in which contractors and self-employed workers are destined to operate and on the prevention and emergency measures adopted; Cooperation and coordination for the implementation of measures to prevent and protect against occupational hazards incidents on the work activity subject to the contract by drawing up a single risk assessment document, to be attached to the contract or work, indicating the measures taken to eliminate interference. The calculation of the costs, not subject to discount, of the measures adopted to eliminate interferences or, where this is not possible, to minimize the risks related to health and safety at work deriving from interferences in processing.

In order to comply with the foregoing, all of us are referred to a proper management of relationships with contractors and / or self-employed workers who perform any type of work within our premises or in any case on equipment or materials owned by the Section. INFN of Padua (see EXAMPLES OF WORKING WHICH FALL IN THE FIELD OF APPLICATION)

PROCEDURE FOR THE APPLICATION OF THE REGULATIONS

The procedure to be followed differs according to whether the work presents risks of interference (SEE DEFINITION AND EXAMPLES)

IN THE ABSENCE OF INTERFERENCES

IN THE PRESENCE OF INTERFERENCES

CORRECT MANAGEMENT OF RELATIONS WITH BUSINESSES CONTRACTORS AND AUTONOMOUS WORKERS
In order to respect the managerial autonomy of the contracting companies and the self-employed and to avoid the undue assumption of responsibility, in matters of safety at work, it is important to specify exactly the work to be done at the time of order so as to avoid interfering with the supply company staff during the execution of the works. In particular, it is advisable to avoid issuing orders or directives to the staff of the supplying company, as well as to exert any influence on the performance of other work activities, regarding the various working phases or operations to be performed, not even to recall behavioral measures of a preventive nature. In the latter case, any irregularities must be promptly reported to the Prevention and Protection Service Manager; in cases of imminent danger and / or situations that may compromise the safety of persons or the safety of the installations, you will immediately have to stop the work or stop the dangerous action. The consequent measures will be adopted in agreement with the responsible of the supplier company. In general, I invite you not to use tools, equipment or equipment owned by the Section. If this becomes necessary, use the formalization of a "Comodato Contract". Lastly, it is good to remember the obligation not to access any areas interested in the work. appropriately highlighted, fenced or marked with appropriate signs.


LEGISLATIVE DECREE 9 APRIL 2008 No. 81 Art. 26 Obligations related to public works contracts or contracts

· 1 »The employer, in the case of assignment of works, services and supplies to the contractor or self-employed workers within his own company, or of a single productive unit of the same, as well as within the entire production cycle of the company, provided that it has the legal availability of the places where the contract is carried out or the provision of self-employment: a) verify, with the modalities envisaged by the decree referred to in Article 6, paragraph 8, letter g), the professional technical suitability of the contracting companies or of the self-employed in relation to the works, services and supplies to be contracted out or by contract of work or administration. Until the date of entry into force of the decree referred to in the foregoing period, the verification is performed through the following modes:

1) acquisition of the certificate of registration to the chamber of commerce, industry and crafts; 2) acquisition of self-certification by the contracting company o self-employed workers who possess the requisites of suitability professional technician, pursuant to Article 47 of the text single of the relevant laws and regulations of administrative documentation, as per the decree of the President of the Republic of 28 December 2000, n. 445;

b) provides the same subjects with detailed information on the specific risks existing in the environment in which they are intended to operate and on the prevention and emergency measures adopted in relation to their activities.

· 2 »In the hypothesis referred to in paragraph 1, employers, including subcontractors: (a) cooperate in the implementation of measures to prevent and protect against occupational hazards which affect the work activity covered by the contract; b) coordinate the protection and prevention measures against the risks to which workers are exposed, also informing each other in order to eliminate risks due to interference between the work of the various companies involved in the execution of the overall work.

· 3 »The contracting employer promotes the cooperation and coordination referred to in paragraph 2, by drawing up a single risk assessment document indicating the measures taken to eliminate or, where this is not possible, minimize interference risks or identifying, limited to the sectors of activity at low risk of occupational accidents and illnesses referred to in Article 29, paragraph 6-ter, with reference both to the work of the employer and to the activities of the contractor and the workers self-employed, a person in charge, in possession of training, experience and professional competence, adequate and specific in relation to the assignment, as well as periodic updating and direct knowledge of the work environment, to oversee such cooperation and coordination. In case of drafting the document it is attached to the contract or work contract and must be adapted according to the evolution of the works, services and supplies. These data are accessed by the workers 'representative for safety and the local bodies of the comparatively most representative workers' union organizations at national level. The identification of the person in charge of the first period or of its replacement must be immediately indicated in the contract or work contract. The provisions of this paragraph do not apply to the specific risks inherent in the activity of contractors or individual self-employed workers. Within the scope of application of the code referred to in Legislative Decree 12 April 2006, n. 163, this document is drafted, for the purposes of awarding the contract, by the subject with decisional power and expenditure related to the management of the specific contract 3 bis. »Without prejudice to the provisions of paragraphs 1 and 2, the obligation referred to in paragraph 3 shall not apply to services of an intellectual nature, to the mere supply of materials or equipment, to works or services whose duration does not exceed five men-day, provided that they do not involve risks deriving from the risk of high-level fire, in accordance with the decree of the Minister of the Interior 10 March 1998, published in the ordinary supplement no. 64 to the Official Journal n. 81 of 7 April 1998, or the carrying out of activities in confined environments, as per the regulation referred to in d.P.R. September 14, 2011, n. 177, or from the presence of carcinogens, mutagens or biological agents, of asbestos or of explosive atmospheres or from the presence of the particular risks referred to in Annex XI of this decree. For the purposes of the present paragraph, men-day means the presumed entity of the works, services and supplies represented by the sum of the work days necessary for the execution of the works, services or supplies considered with reference to the period of one year from 'work beginning. 3b. »In cases where the contract is entrusted by the subjects referred to in Article 3, paragraph 34 of Legislative Decree 12 April 2006, n. 163, or in all cases where the employer does not coincide with the client, the party entrusting the contract draws up the document for the assessment of the risks from interferences, bearing a reconnaissance evaluation of the standard risks related to the type of service that could potentially derive from the execution of the contract. The subject to whom the contract must be executed, before the start of the execution, integrates the aforementioned document referring to the specific risks of interference present in the places where the contract will be carried out; the integration, signed for acceptance by the executor, integrates the contractual deeds.

· 4 »Without prejudice to the provisions of the law in force concerning joint liability for non-payment of salaries and social security and insurance contributions, the contracting contractor shall jointly and severally liaise with the contractor, as well as with any of the subcontractors, for all damages for which the employee, dependent on the contractor or subcontractor, is not indemnified by the National Institute for Occupational Accident Insurance (INAIL) or the Institute for Occupational Pensions (IPSEMA). The provisions of this paragraph shall not apply to damages resulting from the specific risks inherent in the activity of the contracting or subcontracting companies.

· 5 »In individual contracts for subcontracting, procurement and supply, even if in force at the time of entry into force of this decree, as per articles 1559, excluding contracts for the supply of essential goods and services, 1655 , 1656 and 1677 of the Italian Civil Code, the costs of the measures taken to eliminate interference or, where this is not possible, to minimize the risks related to health and safety at work deriving from interferences in processing. The costs referred to in the first period are not subject to discount. With reference to the contracts referred to in the previous period stipulated before August 25, 2007, labor security costs must be reported by December 31, 2008, if the same contracts are still underway at that date. These data can be accessed, upon request, by the representative of the workers for safety and the local bodies of the comparatively most representative workers' union organizations at national level.

· 6 »In drawing up tenders and assessing the anomaly of tenders in procurement procedures for public works, services and supplies, contracting entities are required to assess whether the economic value is adequate and sufficient compared to the cost of labor and the cost related to safety, which must be specifically indicated and be consistent with the extent and characteristics of the works, services or supplies. For the purposes of this paragraph the cost of labor is periodically determined, in appropriate tables, by the Minister of Labor and Social Security, based on the economic values ​​established by collective bargaining stipulated by the comparatively most representative trade unions, social security and welfare regulations , of the different product sectors and of the different territorial areas. In the absence of an applicable collective agreement, the cost of labor is determined in relation to the collective agreement of the product sector closest to that taken into consideration.

· 7 »Unless otherwise provided by the legislative decree 12 April 2006, n. 163, as last amended by article 8, paragraph 1, of the law of 3 August 2007, n. 123, the provisions of this decree are applied to public procurement.

· 8 »In the context of carrying out activities under the procurement or subcontracting procedure, the personnel employed by the contractor or subcontractor must be provided with a special identification card with a photograph containing the generalities of the worker and the indication of the employer.