38
181. Presidential decrees 17/1996 and 159/19991 on measures to improve
employees' health and safety at work transpose directives 89/391/EEC and
91/383/EC. These place a number of obligations on employers, including general
requirements regarding prevention, information on occupational risks and the
application of all health and safety measures, and specific ones concerning written
assessments of occupational risks and a special register and list of occupational
accidents. Section 4§1 of PD 17/1996 requires every undertaking, irrespective of
number of employees, to appoint a safety technician to its staff and those with more
than fifty employees to employ an occupational physician. Paragraph 4 authorises
employers to delegate safety or occupational health responsibilities to one or more
members of their staff, subject to minimum time requirements (paragraph 7) to
ensure that the individual(s) concerned have sufficient time to carry out all their
responsibilities to the letter.
182. Section 7 of decree 17/1996 imposes several general obligations on
employers, covering occupational risk prevention, regular information to employees,
and the establishment of appropriate health and safety machinery, with the attendant
obligation to make available the necessary facilities. The general principles that must
be applied include risk avoidance (prevention, assessment and elimination), peoplecentred organisation of work and maximum use of technology. Moreover, when
several employers share the same work places, they must co-operate on health and
safety matters, co-ordinate any measures introduced and inform each other of any
risks (paragraph 9).
183. All employers must produce written assessments of occupational risks,
including, under section 3 of PD 159/1999, detailed information on risk
characteristics, related preventive measures and the physical, biological or chemical
risks to which employees might be exposed. In carrying out such assessments, the
occupational physicians and safety technicians concerned must make quantitative
and qualitative assessments of the occupational risks and take account of the results
of regular health checks.
184. Under section 10, employees must be consulted on and participate in the
formulation of health and safety policies. Section 11 requires employees to be
informed of the relevant legislation, the risks identified and relevant measures taken.
185. The Presidential decree (PD) 294/88 on minimum safety technician and
occupational health coverage in relation to number of employees and the degree of
risk of the activities concerned, which implements Act 1568/85, divides undertakings
into three categories according to risk: A = high risk activities, B = medium risk
activities, C = office work. For each category, there is a minimum annual requirement
for safety technician and occupational health coverage, which itself varies according
to number of employees.
1
Official Journal A 11 (18/01/1996), as amended by presidential decree 159/1999, Official Journal A
157 (03/08/1999).
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