Green pass, all the rules for working on construction sites

14/10/2021 – From tomorrow 15 October it will be possible to work on construction sites only if in possession of the green pass. The obligation, foreseen by DL 127/2021, clashes with the peculiarities of the construction sector, already reported by the National Association of Building Builders (Ance).

A plurality of subjects operate on construction sites who are not always employees of the same company. The presence of several companies or self-employed workers can make the controls and scheduling of work shifts more complex.

Help in this regard came with the Faq prepared by the Government, but also from some indications provided by Confindustria to its members.

Green pass on site and shift scheduling

Legislative Decree 127/2021 provides that the worker must show the green pass, upon request, at the time of access to the workplace. The technical procedures for carrying out the checks are indicated in the draft of dpcm for the resumption of activities in the public and private sectors.

The Government explained that, in the cases of specific organizational needs, workers are required to make communications relating to the lack of possession of the green pass with the forewarning necessary for the employer to meet these needs.

The Government also reiterated that not only employees, but all those who carry out, in any capacity, their work or training or volunteering activities in the company’s premises are subject to the controls.

Green pass, is there a silent possession?

As foreseen by the decree, the worker who communicates that he is not in possession of the green pass is considered unjustified absent. But what happens if the worker doesn’t communicate anything?

She intervened on the subject Confindustria who, in the procedural indications provided to its members in recent days, stated: “the worker who communicates nothing in advance (once the company has established how in advance such communication must be carried out, depending on company needs) must be presumed to be in possession of the green certification, with assumption of the relative responsibility, in case of non-compliant behavior “.

The government faqs do not explicitly deal with the subject, but reiterate that companies are required to carry out generalized or sample checks.

Green pass, verification method

The Government explains that in addition to the “VerificationC19” app, specific functions will be made available to employers that allow for a daily and automated verification of the possession of certifications.

Limiting ourselves to the private sector, the verifications can take place through:
– integration of the QR code reading and verification system of the green certificate in physical access control systems, including those for detecting presence or temperature;
– for employers with more than 50 employees, both private and public who are not members of NoiPA, the asynchronous interaction between the INPS institutional portal and the national platform-DGC.

Controls on workers from administration company they must be carried out by both, both by the administration company and by the company where the worker performs his / her service.

Green pass, exempt workers or workers awaiting certification

Workers who, for proven health reasons, cannot carry out the vaccine against COVID-19, must show a certificate containing the appropriate “QR code” being prepared. In the meantime, workers must send the documentation to the competent doctor and will not be subject to controls.

Workers waiting for the certification to be issued will be able to use the documents issued, in paper or digital format, by public and private health facilities, pharmacies, analysis laboratories, general practitioners and pediatricians of free choice.

Green pass, measures and sanctions

The worker is considered unjustified absence, without the right to salary, until the presentation of the green pass.

In companies with less than 15 employees, after the fifth day of unjustified absence, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding ten days, renewable for one time only.

If the worker enters the company without a green pass, the employer must then make a report to the Prefecture and is subject to an administrative penalty ranging from 600 to 1,500 euros.

Source: Le ultime news dal mondo dell'edilizia by

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