that are continually updated and perfected. WHEN LIFTING ACTIVITY IS CONSIDERED AS A CONSTRUCTION SITE One of the aspects that has been much debated in recent times, due to its repercussions on the methods of certain lift works, is when lift work is considered a construction site pursuant to Legislative Decree 81/2008 and subsequent amendments. The subject is dealt with in TITLE IV - TEMPORARY OR MOBILE CONSTRUCTION SITES CHAPTER I - MEASURES FOR HEALTH AND SAFETY IN TEMPORARY OR MOBILE CONSTRUCTION SITES of Legislative Decree 81/2008 and subsequent amendments and additions to art. 89 defines what a temporary or mobile construction site is: “a) temporary or mobile construction site, hereinafter referred to as: ‘construction site’: any place where construction or civil engineering works are carried out, the list of which is given in ANNEX X”. The focus of the workers must be on the definition of building or civil engineering works, Annex X establishes the list of construction or civil engineering works that trigger the construction site are: “1. Construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping, transformation, renovation or dismantling of fixed, permanent or temporary works in masonry, reinforced concrete, metal, wood or other materials, …”. Based on the above, for example, the disassembly of old landing doors and the reassembly of new landing doors, with simple adaptation work of the masonry door jambs with the new sheet metal frames of the new landing doors is it to be considered the “transformation, renovation or dismantling of fixed, permanent or temporary masonry works”? Legislative Decree 81/2008 and subsequent amendments do not introduce a distinction between “simple” and “complex” building works. The only reference to this topic is in paragraph 11 of art. 90 which establishes that in private works not subject to building permits, the provisions of paragraph 3 do not apply. It is the only present exemption. Paragraph 3 of art. 90 establishes that in construction sites where the presence of multiple contractors is foreseen, even if not working concurrently, the client, even in cases of coincidence with the contractor, or the supervisor of the works, at the same time as the assignment of the design assignment, designate the design coordinator. POS, PSC AND DUVRI If construction works are carried out, and therefore there is a construction site, pursuant to art. 89, it is necessary to identify the safety and health coordinator for the design (letter e)) and for the execution of the works (letter f)) and the executing company draws up a Safety and Health Plan POS (letter h)). In addition, Article 91 provides for the general obligation to draw up a Safety and Coordination Plan (PSC). Art. 92 in paragraph 2 reaffirms this, as well as restating the mandatory drafting of the POS for contractors. The subsequent articles establish other obligations, such as art. 99 which establishes the obligation of the preliminary notification of the construction site, but in detail it is understood that where paragraph 3 above does not apply, notification is not even necessary. Likewise, it is not necessary with under 200 men / day (with relative discussion of how they are calculated). Art. 100 describes the obligation to draw up a PSC in all cases, except for very special situations indicated in point 6. Art. 101 describes the reciprocal transmission obligations of PSCs and POSs. All these articles are part of Title IV, but if the works are plant engineering without interventions on structural parts, these works can be considered within the scope of Title I, where one operates with a DUVRI if the place where the work is carried out is a workplace, with an employer. Many environments in which lift companies operate are not work environments (refer to the discussion that arose around condominiums without a janitor or in any case without an employee). Therefore the DUVRI must be drawn up by the customer of the lift company (when he is also an employer) but in general, with condominiums, the administrator generally does nothing, unless it is a construction site, then the previous example applies. In conclusion, what operational suggestion can be proposed to lift companies? While waiting to investigate a possible border between construction and nonconstruction work (even if in the presence of small construction works) even for non-construction works, a POS should be drawn up by the company and officially transmitted to its own customer (or building manager or representative). LONE WORKERS Finally, allow me to address lone work. Lone work is such when it is carried out by an employee in total autonomy, without the supervision of a supervisor, isolated from other workers, generally outside the site of the company to which he belongs, but also within the company site. I would like to underline, first of all, that it is not taken for granted that lone work is more dangerous than team work. Of course, it is easy to think of the formula that “two is better than one” but this formula does not always apply. Historically, there have been numerous accidents that occurred due to the presence of two technicians, accidents that perhaps, if the technician had been alone, would not have occurred. The risk assessment must certainly be more in-depth and must touch on aspects that, although important in general for company safety, in the case of an individual worker must be taken into great consideration. Identifying the remote communication devices is crucial to the worker, to communicate his state and allowing him / her to report the accident or injury as soon as possible. In this sense, the mobile phone that NORMATIVA d i Pa o l o Tat t o l i 24
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