Are school staff always required to attend safety courses? Which categories are exempt

The teacher is obliged to train his staff adequately on health and safety at work, but a ruling by the National Council of Industrial Experts makes us aware that this is not always the case for all staff.

The so-called Council has in fact applied for a judgment, to obtain the opinion of the Interpelling Commission on the compulsory participation, of the teachers appointed as head of the Prevention and Protection Service, here RSPP, in the training for workers from art. 37 of Legislative Decree no. 81/2008.

The art. 37, Section 1 of Legislative Decree no. 81/2008 obliges the employer to ensure that all workers receive adequate training on health and safety at work. Amplaz. Art. 32, Section 2, of Legislative Decree no. 81/2008 provides specific training for the managers and staff of the prevention and protection service, and provides that “in all cases of training and updating, provided for in this Legislative Decree, in which the contents of the training courses everywhere or in part to those made available to the person in charge and to the staff of the prevention and protection services, the training credit for the duration and content of the relevant training and updating is recognized.[“[”[“[”

On the basis of the training content provided for in the various state regions agreements, the Commission considers that the training provided to teachers for the performance of RSPP and ASPP tasks is superior and therefore inclusive is, in terms of content and duration, to which the worker according to Art. 37 of Legislative Decree no. 8112008.

As far as the training of managers and supervisors is concerned, the same State-Regional Agreement of 21/12/2011 expressly states that “the application of the content of this agreement with respect to managers and supervisors, although optional, is a correct application of the article 37, Section 7, of Legislative Decree No. 81/08. When introducing a training course with a different content, the employer must prove that this course manager and / or supervisors provided adequate and specific training.

The training of the RSPPs and ASPPs, even if carried out with a different training content than that provided for those in charge and / or managers in the above-mentioned state-regional agreement, certainly guarantees an “adequate and specific” training, as required by the arts. . 37 of Legislative Decree no.

In addition, the tasks of the RSPP include that for “the identification of risk factors, the assessment of risks and the identification of measures to ensure the safety and health of the workplace, in accordance with current legislation based on specific knowledge of the company organization “.

Therefore, a teacher who is appointed RSPP or ASPP, or who in any case still possesses the necessities to perform these functions, even if he is a worker, is a person who has received “adequate and adequate training in health and safety” and must not provide basic training for employees.

The training is therefore valid, but must in any case be integrated with respect to all further specific aspects arising from the risk assessment.

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