Milan, May 23 – There have been many regulatory changes in recent years related to the protection of ionizing radiation and with reference both to the Directive 2013/59 / Euratom of 5 December 2013, which lays down fundamental safety standards in relation to the protection against the dangers arising from exposure to this type of radiation, and to the legislation of 31 July 2020, n. 101 which transposed the European Directive, albeit too late.
To understand the impact of Legislative Decree 101/2020 and the news for workers, companies and operators in the field of radiation protection, the Italian Interassocial Consultation for Prevention (CIIP), with the contribution of various associations, organized in Milan in October. 22, 2021, the Seminar “Legislative Decree 101/2020: first operational experience one year after entry into force. News and critical topics“.
Having already presented the seminar and dealt with the news about the natural radioactivity, today we focus on a specific topic, the Protection of external workers and self-employed workers by the intervention of Nicola De Rosa (Territorial Labor Inspectorate MI LO) entitled “Self-employed and third party employees“.
In this regard, we recall that one of the novelties of the Title XI The “burden on workers” of Legislative Decree 101/2020, which governs the guarantee for workers exposed to ionizing radiation, is theExtension the scope of these guarantees for all workers.
We point out, as stated in the Slide of Speech, that “the considerations set out in the texts are exclusively the result of the author’s thought and are in no way binding on the administrative administration to which they belong “.
The article covers the following topics:
Legislative Decree 101/2020: Workers and definitions
The speaker starts from Definition of workers with reference toArt. 107 of Legislative Decree 101/2020, which in turn refers to Article 2, Section 1, letter a) of Legislative Decree 81/2008.
Dofir de “Worker“an dena person who, regardless of the type of contract, carries out a work activity in the organization of a public or private employer, with or without pay, even for the sole purpose of learning a trade, an art or a profession.… (…) … The worker thus defined corresponds to: the worker member of a cooperative or company, even de facto, who lends his activity on behalf of the companies and the body itself; … (…) … the beneficiary of the training and guidance internship initiatives provided for in Article 18 of the Law of 24 June 1997, no. 196, and promoted specific and specific provisions of regional laws to create moments of alternation between study and work or to facilitate professional choices through direct knowledge of the world of work; the students of educational institutes and universities and the participants in vocational training courses in which laboratories, work equipment are commonly used … left out …
Article 60 of the former Legislative Decree 230/1995, repealed by Legislative Decree 101/2020, is also reported. Article 60 spoke of an employee as any person who ‘Performs their work for an employer, other than those in charge of domestic and family services, with subordinate employment relationships, including special. Employees of cooperatives or firms, including de facto, and users of leadership or school, university and vocational training services initiated by employers to facilitate or refine their professional choice are equated. Students from educational and university institutions, as well as participants in vocational training courses, as well as those who, for any reason, lend their professional work to third parties are equally eligible.‘.
We come to other definitions that are present in Legislative Decree 101/2020:
- “external worker»: ‘all exposed workers, including teachers, who are not employees of the operator responsible for the supervised and controlled areas, but carry out their activities in those areas..
- “exposed workers»: ‘all workers, including the self-employed, who are exposed to occupational exposure arising from practices derived from this decree, who may receive doses higher than one of the dose limits set for the exposure of individuals and the population..
In this case too, the report contains further definitions from Legislative Decree 230/1995.
Legislative Decree 101/2020: Obligations of workers and employers
In the intervention concerning external workers the following are mentioned:
- Bonds of the employer of external worker art. 112 Legislative Decree 101/20
- Obligations of operators in controlled areas the use of external workers Art.113 Legislative Decree 101/20
Let us consider a useful scheme of intervention:
It is then stated that the self-employed worker “is the person who undertakes vis-à-vis a client to perform a job or to provide a service with mainly his own work and means and without subordination restrictions”.
And, with reference toitem 114 of Legislative Decree 101/2020 Self-employed workers’To carry out activities which are subject to the provisions of this decree and which they require, for the purpose of their own protection, to fulfill the obligations laid down in this decree. Without prejudice to the obligations set out in Articles 113 and 117, operators of installations where self-employed persons are exposed to the risk of radiation are responsible for the aspects of protection directly related to the nature of the area and the required Service connected.‘.
In this case too, we are adopting a scheme of intervention Obligations of the self-employed Art. 114 Legislative Decree 101/20:
Legislative Decree 101/2020: other activities with third parties
The speaker then concentrates, again with reference to Legislative Decree 101/2020, on other activities with third parties and reports various sections ofArticle 115 (Other activities with third parties). Here are some notes from the speaker in bold:
- In addition to the cases provided for in Articles 112, 113 and 117, the employer, on whose behalf the workers carry out activities in any capacity in one or more classified areas managed by third parties, is obliged to provide the same protection of Risks to guarantee ionizing radiation in accordance with the rules of this title and the provisions issued in the application, in relation to the complex entity of the risk (“”it therefore only applies to non-exposed persons, it does not apply to self-employed workers“);
- The employer must perform the necessary actions with the practicing third parties, so that compliance with the provisions of paragraph 1 is ensured in any case, even for the coordination of the measures taken, without prejudice to the obligations of the exercise third. itself, deriving from the provisions of this Title, for making the operational aspects of radiation protection directly related to the nature of the activity they are carrying out and the intervention required of the workers..
- Employers and managers who carry out and direct activities to which the provisions of this decree do not apply and who use external workers or self-employed persons to carry out activities to which the provisions of this decree apply, adopt and coordinate with the employer of external Workers or self-employed workers who take the necessary measures to protect their workers from the risks of ionizing radiation in accordance with the provisions of this Title and the applicable implementing provisions (“”only this paragraph also applies to self-employed workers“).
The intervention then focuses on two other articles:
- Art. 117 (Self-employed workers and employees of third parties, with special duties within the company) of Legislative Decree 101/2020: Employers and managers who carry out and direct the activities referred to in Article 2 and who are responsible for supervising them shall inform the self-employed workers and, in connection with the tasks assigned to them, the staff of: Third parties who carry out activities in the ” within the company other than those exposed by the workers’, from the specific risks arising from radiation, exist in the places where they are called upon to perform their work. The same subjects provide the above-mentioned workers with the necessary protective measures and ensure the use of such means. 2. Workers referred to in paragraph 1 shall be prohibited from engaging in any activity which would put them at risk of exceeding the dose limits laid down in Article 146.
- Art. 116 (Variety of patterns) of Legislative Decree 101/2020: 1. In the case of workers who carry out activities for some employers who are exposed to the risks of ionizing radiation, each employer is required to ask the other employers and workers, and when asked, the necessary information for: to guarantee. Compliance with the provisions of this title and in particular the dose limits.
In this case too, we are making a profit Schedule in the slides with the applicable articles related to the type of worker and activity introduced:
We conclude by referring to the full reading of the intervention and pointing out that the Supervisor presents for each article of Legislative Decree 101/2020 a useful comparison with the previous articles of Legislative Decree 230/1995.
Download the document from which the article is taken:
“Self-employed and third-party employees”, by Nicola De Rosa (Territorial Labor Inspectorate MI LO), Speech at the seminar “Legislative Decree 101/2020: first operational experiences one year after strength and power. News and critical issues”, October 2021
Download reference legislation:
Legislative Decree of 31 July 2020, n. 101 – Implementation of the Directive 2013/59 / Euratom, which lays down basic safety standards for protection against the dangers of exposure to ionizing radiation.
Council of the European Union – Directive 2013/59 / EURATOM of 5 December 2013 laying down basic safety standards in relation to protection against the dangers of exposure to ionizing radiation, and Directives 89/618 / Euratom, 90 / 641 / Euratom, 96 / abolished. 29 / Euratom, 97/43 / Euratom and 2003/122 / Euratom.