Healthcare protocols for workers

To begin with, it must be made clear that upon Bill 81/08 coming into force, the physician in charge of drafting the healthcare protocol can no longer hide behind the Document of Risk Assessment provided to him by the employer, if the protocol is insufficient to monitor the health of workers exposed to various occupational hazards. In fact, paragraph 1, subparagraph a, of Article 25 of the same Bill, makes the doctor co-responsible in assessing the occupational risks, so that, when faced with a Document of Risk Assessment that is not exhaustive, because the specific risk assessments are inadequate, although such a violation may be charged to the employer, more and more often the company doctor is alleged of violating said Article 25, paragraph 1, letter a.

In paragraph 1, subparagraph b, of Article. 25, moreover, it is stressed that the health protocol must be drawn up in view of the most advanced scientific trends for the safety and protection of workers.

In reference to subparagraph c of Article 25, although there is a provision, still to be agreed within the Bill, for a margin of discretion to leave the health records in the hands of the doctor, it seems, however, highly appropriate to keep the records at the company, even during the execution of health surveillance. In fact, in the event that it becomes necessary to acquire within few hours all the documentation, in cases of accidents of a certain entity (fatal injuries, etc..), the health records needed for the investigation will be immediately available to the Authorities, even in the event that the physician in charge had to leave for a meeting, a vacation, or other reasons.

It remains universally agreed that upon termination of the job, the doctor is required to deliver to the employer all health records in his possession, pursuant to subparagraph d of Article 25; however, as a precautionary step, it is advisable to formalize the delivery of the aforementioned records to the subsequent doctor in charge with a special record.

Similarly, the delivery of the health and risk records to the employee at the time of termination of employment, the information pertaining the meaning of the healthcare surveillance received, and the results of such surveillance, should be formalized with apposition of the date and counter-signature of the worker, in accordance, respectively, with subparagraph e, g and h of the same Article. 25.

The congruent application of the attainments arising from the obligations provided for in the letters i, and l of the same Article 25 must include a substantive, and not merely formal, commitment. Therefore, regular meetings should be the time in which the implementation of what had been planned at the previous meeting is verified, and plan, with a possible time schedule, what is necessary to do for the hygiene and safety of the company (updated risk assessment and / or training, maintenance operations, etc.). Similarly, the visit to the workplace represents an opportunity to bring out any structural or organizational problems in the company (blocked transit routes, bathrooms needing renovation, or new furniture for offices and locker rooms, etc.).