The decree of 3 November 2017, n. 195 already contains a “Regulation establishing the Charter of the Rights and Duties of Students in School-Work Alternation and the Methods of Application of Legislation for the Protection of Health and Safety at Work for Students in Alternative School Work” contains “. Said regulation published in the Official Gazette General Series n.297 of 21-12-2017 came into force on the provision: 05/01/2018. But what exactly does it envisage?
Let us try to read it directly from the legislation. The decree is a structuring and integral part of school work change, mandatory by the “Good School” law. A training course designed by schools and companies to help young people gain fundamental skills and guidelines for their professional future. In practice, the school-work alternative allows the student to see the practical applications of knowledge in school.
What are the regulations and how is the Charter of the Rights and Duties of Students Defined in the School-Work Diversion?
The regulations define what the Charter of the Rights and Duties of Students in the School-Work Diversion is, to give the same students the opportunity to learn about professional fields, work and research contexts, useful for achieving and d ‘Integration of learning skills, to motivate them and guide them to make conscious choices, to continue their studies with a view to entering the world of work.
Method of application
The Regulation also clarifies the methods of application for students in the school-work alternation regime of the regulatory or organizational provisions on the protection of health and safety at work already defined, clarified, enumerated and governed by Legislative Decree 9 April . 2008, n. 81, and later amendments.
Health & Safety
In particular, Article 5, entitled “Health and safety”, provides in paragraph 1 that “Students engaged in alternative programs, in advance of the vocational school pursuant to Article 37, Section 1, general education in the field of health and safety at work Letter a), of the Legislative Decree of 9 April 2008, No. 81, and subsequent amendments, such as the agreement provided for in Article 37, Section 2, of the same Legislative Decree. This training is certified and recognized in all respects and is integrated with the specific training that students receive when they enter the host structure, without prejudice to the possibility of regulation, in agreement between the latter and the educational institution, the subject of the burden that bear. all consequence costs “.
The skills of the teacher
Article 5, Section 2, of the Decree of 3 November 2017, n. 195 states that “it is the responsibility of the school principals of the high schools to organize trainings on the protection of health and safety at work, for students enrolled in old-age courses and to be carried out in accordance with the provisions of the decree legislative . 9 April 2008, No. 81, and subsequent amendments “.
USR school-host structure collaboration
Article 5, Section 3, of the Decree of 3 November 2017, n. 195 states that “In order to reduce the cost of the cough structure in the provision of education, the provisions of Article 37 of the Legislative Decree of 9 April 2008, No. 81, and subsequent amendments, may be:
- established by the regional school offices specific territorial agreements with the subjects and bodies responsible for such training, including the INAIL and the joint bodies provided for in the agreement of the State Regions of 21 December 2011, n. 211;
- Conducted training courses in e-learning mode, including in agreement with existing public training platforms, as provided for in the State Regions Agreement of 21 December 2011, n. 221, and by the State-Regions Agreement of 7 July 2016, n. 128;
- promote more appropriate forms of cooperation, integration and financial sharing, as set out in the agreement.
Ensure the health and safety of students
What happened a few days ago, which makes the whole school community in Italy sad and worried, is the concrete evidence that the regulatory provisions alone are not enough and are useless. Let us not forget, in fact, that Article 5, Section 4, of the Decree of 3 November 2017, n. 195 already provides that “in order to guarantee the health and safety of the students referred to in Article 2 of this Regulation, the specific didactic and training purposes, in accordance with Article 2 Paragraph 1, letter a), shall take into account the legislative decree of the April 9, 2008, No. 81, and subsequent amendments corresponding to the students with the status of the workers, it was established that the number of students admitted to a structure, depending on the current structural, technological and organizational Capacities of the host structure are determined, as well as due to the type of risk to which the same host structure belongs, in relation to the State-Regional Agreement of 21 December 2011, No. 221, in a numerical proportion of students / tutors of the guest structure does not exceed the ratio of 5 to 1 for high-risk activities, does not exceed the ratio of 8 to 1 for medium-risk activities, does not exceed the ratio of 12 to 1 for shares exceeding low risk ”. We must therefore invest in security and guarantee even more in this sector in which we are still in training.
Health monitoring in the insurance regime
The decree of 3 November 2017, n. 195 provides in Article 5, Section 5, that “Health surveillance as provided for in Article 41 of the Legislative Decree of 9 April 2008, No. 81, and subsequent amendments, in the cases provided for in the current legislation. In cases where “health surveillance is necessary, it is carried out by the local health authorities, without prejudice to the possibility of regulation, in agreement between the latter and the educational institution, the subject on which the costs are incurred. it is consistent”.
Students engaged in alternating activities, in the presence of the objective and subjective requirements, respectively, of Articles 1 and 4 of the Decree of the President of the Republic of 30 June 1965, n. 1124, they are insured with INAIL against accidents at work and occupational diseases and are covered by third party liability insurance, with associated costs borne by the educational institution. The insurance coverage must also cover activities that may be carried out by students outside the business structure of the guest structure, as long as they are included in the alternate training project.
Assolombarda and some answers on the subject of security
In order not to take risks, what needs to be done? An information brochure from “Assolombarda. Confindustria di Milano Monza e Brianza” in the brochure “We build skills for future proposals for a simple and effective school-work diversion.
Update of the Risk Assessment Document (DVR)
If the systematic insertion of internship students is planned – the document reads – it is recommended to update the DVR also to take into account the risks involved from the burden of risks for students in alternative projects, in terms of prevention and protection measures , accepted by the company (eg possible presence of a reference figure, targeted training and information, ad hoc procedures / instructions, etc.)
Health and safety training
The trainee is equated with a worker for all intents and purposes. Therefore, reading this brilliant document, the company is required to train and inform him based on the risks assessed in the DVR. The company reviews training sessions with the institute that are already provided to students (some institutes, in addition to the 4 hours of general training, also offer specific training, certify it) and integrate the training with respect to specific risks (eg emergency procedures, evacuation) planning, use of equipment, etc.), by coaches in possession of the legal requirements.
Personal Protective Equipment (PPE)
According to the prevention and protection service, if the task envisaged for the student exposes him to risks that require the use of PPE, the company, according to the current and well-structured brochure, will be suitable for trainees with PPE for protection. Safety while performing their duties as well as training and education for their use.
The above-mentioned brochure of “Assolombarda” contains at the beginning an amazing letter from a student, a certain Francesco, who really sums up the energy and desire to learn from Italian students. We propose it once again in the hope that what has happened, very seriously and illegitimately, will not jeopardize the whole structure of school-work alternation and the many PCTOs that make Italian schools centers of excellence. In fact, no project can be worth a student’s life. Security regulations need to be revised and adapted to the times, and above all more government investment needs to be made to make this project safe and modern.
“Dear Entrepreneur, I wanted to write a few lines to thank you for all that I have found in your wonderful company. I immediately felt very comfortable and further down the path you have studied so carefully for me, noticing how much human and professional beauty can be discovered behind the dark clothes and dirty hands of its co-workers. I have known every sector of his company and in addition to recognizing the skill and professionalism, I must recognize the goodness that characterizes each of them. I meet all-in-one men and enthusiastic boys, I have experts in the field and inexperienced with the desire to work, young and old workers, men and women, who sometimes with difficulty, perfect cooperation and harmony and friendship, create great teams of big men. I have met people who, with obvious problems and difficulties, always work with a smile and a desire to do things. I mean, I grew up learning new, useful and interesting things. The best part was the laughter we had at 9.00 in the morning and at 17.00 in the evening. Thank you so much for the fantastic experience and the wonderful environment in which I learned, experienced and finally worked for three weeks. A company does not consist of machines or sales, but of people. Dofir bass du super! Franz“.
Safety training project is aimed at students enrolled in school-work alternate courses
Resolution n.866 of 30-07-2018 of the Tuscany region, already four years ago, for example, included a brilliant “project for safety education aimed at students enrolled in school-work alternation courses” which we include as evidence. that prevention is always possible and involves a greater commitment on the safety front and safety training.
The project, in fact, in its introduction, summarizes the needs “to promote the dissemination of a culture of safety and health in schools and among young people, the Tuscany region foresees two important actions, one in the context of the Regional Prevention Plan (PRP) 2014 – 2018 (Project ref. 42) and the others within the framework of Resolution No. 151/2016. Resolution No. 151/2016 actually provides for an action for schools in point 8 of Annex 3 ” Strategic training objectives … “vir. In particular, the aim is to support schools in education and training on safety and health, including school / work alternation courses.
Security training project