The outcome of health surveillance can cause second cases, the measures by the employer against an employee in order to protect health. These measures, due to the inability specific task, they must respect the constraints imposed by art. 42 of Legislative Decree no. 81/08 governing its application.
said that, in this case it refers to the decision to suspend the so-called benefits of PS to all workers of the Municipal Police of Palermo, who come from DISPOSED Physician: inappropriate or removed from a working environment found in risk.
This measure and the effect it has on health and safety of workers should explain and clarify some aspects worthy of attention from all players in the security company.
Given that the physician in charge, based on the results of medical examinations in the implementation of health surveillance, which includes:
a) medical examination designed to establish the absence of contraindications to work where the employee is intended to assess its suitability for specific job;
b) periodic medical examination to check the health of workers and make their judgments of suitability for specific tasks. The frequency of such inspections, if not required by the relevant legislation is established, usually once in a year. This timeframe may take a different cadence, established by the competent doctor on the basis of risk assessment. The supervisory board, for justified reasons, may provide content and frequency of health surveillance are different from those indicated by the doctor;
c) medical examination at the request of the employee, if it is deemed by the competent doctor or occupational risks related to its health conditions, are likely to decline because of work carried out in order to make their judgments to fit the specific task;
d) medical examination at the change of job in order to ascertain the suitability for specific job;
expresses a the following opinions on the job Specification:
a) eligibility;
b) suitability partial, temporary or permanent, with requirements or limitations;
c) temporary unfitness;
d) permanent unfitness;
administration suspends payments to all PS employees who are hesitate to feedback to:
- fitness partial, temporary or permanent, with requirements or limitations;
- temporary unfitness;
- unfitness permanent
This measure is clearly contrary to the principles laid down by the legislature, in so far as the ' art. 42 of Legislative Decree 81/08 states:
the employee referred to in paragraph 1 (unsuitable) that is used in tasks remains on the lower payment for the tasks previously undertaken, and the original title. If the worker is employed in work that meet or exceed the rules set out in Article 2103 of the Civil Code, except as provided in Article 52 of Legislative Decree 30 March 2001, No 165.
And even more unusual that this measure is also aimed at those who hesitate to trial with eligibility requirement or limitation will be removed from the employer, from a risk, based on the results of clinical and biological played, decided to taken as a special measure of protection as provided by law, to protect them.
And then, Health Surveillance is located on more than a doubt of its legality.
Among the many uncertainties in the current assessment of risks, challenged by Cobas, does not justify the implementation of health surveillance in cases where what should be expected to avoid the violation of Art. 5 of the Statute of Workers do not.
In essence, the Risk Assessment should recognize that the health surveillance, to avoid the violations referred to the Workers' Statute (Law 300/70), it does not.
Regarding the measures, following the judgments of competence with requirements or limitations or unfit, to the workers, you must highlight other aspects of consequential damages.
legality of the administration
The measures relate to the suspension of compensation to the task following the opinion of the physician in charge of fitness for specific job with the prescription and limitation of a temporary nature are illegal.
be emphasized that these workers have been found suitable for the specific task with prescription and limitation, meaning the request of the MC's temporary removal from the risks arising from the services of roads and motorized issues that the MC was considered reversible.
It is believed that even if we wanted to basically take it for legitimate medical surveillance is not justified by the assessment Administration to the extent provided by law, if only for a precautionary approach to protect the worker, claimed to the violation of labor law under the Legislative Decree no. 277/91 and Article .42 D. Decree Law 81/08, in the event of removal of the individual risks, to maintain the status and pay, when the measure is temporary and reversible.
a result of these measures were found, the workers, some negative psychological effects.
fact becomes the consequent loss of pay, for employees to undergo health checks, a kind of threat penalty resulting in mental idiosyncrasy of an equation: unsuitable = less money.
Well, for fear of reducing the salary is less a key element of medical examinations, the cooperation of the patient / employee.
Most health checks are tainted, just from that fact that the negative charge that can not be the ones to initiate measures clearly retaliatory in nature, and, among other things, is not supported by references to the context of legislative health surveillance in which they are applied.
should be about, as requested several times by Cobas, has a good information especially on purpose of medical examinations, especially from the Doctor and the person in charge of prevention and protection.
This situation, in regard to safeguarding the mental and physical, is worthy of attention of supervisors.
It would appear that this measure is used as a kind of deterrent to the workers, which aims to limit the number of workers dismissed, following the judgments of appropriateness of health checks carried out by the MC, from the risks of external services of roads and motorized .
liability on the general principles, art. 2087 CC ,
Another aspect of the negative consequences of the suspension of compensation referred to in question is the perception of the worker to have suffered injustice, leading to anxiety and depression. And worse, even, considering the fact that despite it having been used often in disadvantaged services and, probably, some diseases have arisen because of the performance of those duties, now finds himself also illegal to pay the consequences. That is, to make matters worse, even insult to injury!
Even more paradoxical is the situation of those workers of the Municipal Police to date, sometimes even after 16 years still play outside services of roads. And the paradox is that these workers could probably be considered at risk, with the consequent demand for removal from the environment in which they conduct their business and, hence, reduction of fees. And all this while those working in offices for years, would continue to receive any payment because the Doctor would see them rightly exposed to any particular risk, and therefore perfectly suited to carry out their duties. Filippo Macaluso
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