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On April 6, 2021, the Memorandum of Understanding between the government and social partners on combating and containing the spread of the virus within workplaces was updated.

The Protocol updates, one year later, previous protocols shared and signed in 2020, on March 14 and April 24, when a state of epidemiological emergency had recently been declared.

In light of the latest measures taken by the government and in view of the new variants of the virus that are spreading and coming from different parts of the world, the need has been seen to determine new guidelines capable of facilitating companies to adopt security protocols that will zero out-or at least reduce-the risk of contagion in carrying out their respective production activities.

We are, in fact, in a different situation from last year when, at the stage of total lockdown, most enterprises had been forced to close down and suspend operations altogether. Today, it is, instead, permissible for production activities to continue provided that adequate levels of protection are guaranteed to those who work.

While confirming the cornerstones of anti-contagious measures (interpersonal distance of at least one meter, requirement to wear Personal Protective Equipment, frequent hand washing with soap and water and use of disinfectant gel, limited movement within workplaces and in common spaces), the updated Protocol introduces and incentivizes the use of other measures.

We therefore summarize the main updates introduced, reiterating some "fundamental" measures and concepts that must always be applied.

Incentivized use of social shock absorbers, agile work and paid vacation and leave

In the premises of the Protocol, we find the incentive to use social shock absorbers where the adoption of such a measure may be useful for companies to put in place all anti-contagious measures and, thus, reduce the spread of the virus by making workplaces safer and healthier, suspending activities in departments not essential to production.

In addition to social shock absorbers, there is also a renewed call for the use of agile or remote working arrangements as much as possible and the use of paid vacation and leave.

Ways of entering the company

Main novelty is the issue of readmission to work after absence determined by COVID-19 positivity. Following the COVID-19 infection, the worker may be readmitted to work in accordance with the procedures set forth, most recently, in Ministry of Health Circular No. 15127 of April 12, 2021, which configures the various cases that could arise.

A) Positive workers with severe symptoms and hospitalization

Those who have become ill and have manifested pneumonia or a severe acute respiratory infection may have reduced lung capacity as a result of the illness with possible need to undergo courses of respiratory physiotherapy. An even more complex situation is that of individuals who have been admitted to intensive care, as they may continue to experience significant complaints, the presence of which requires special attention for the purpose of reintegration into work.

Therefore, the competent doctor, if appointed, upon presentation of certification of negative results, carries out the medical examination provided for in Article 41, c. 2 lett. e-ter of Legislative Decree 81/08, as amended (specifically, the one prior to the resumption of work following absence for health reasons lasting more than sixty continuous days), in order to verify suitability for the task - also to assess specific risk profiles-regardless of the duration of sick leave.

On this point, it would therefore be advisable to inform workers that should they contract the virus with severe symptoms and hospitalization, they should provide their employer with the appropriate information.

B) Symptomatic positive workers

Such workers (other than those under A) may return to service after a period of isolation of at least 10 days from the onset of symptoms, accompanied by a molecular test with a negative result performed after at least 3 days without symptoms (10 days, including at least 3 days without symptoms + test).

C) Asymptomatic positive workers

Workers who tested positive but asymptomatic throughout the period may return to work after a period of isolation of at least 10 days from the appearance of positivity, after which a molecular test with a negative result is performed (10 days + test).

Symptomatic workers and asymptomatic workers (lett. B and C), in order to be readmitted to the company, will have to send to the employer, also in telematic mode and through the competent doctor, the certification of successful negativization.

In the event that positive workers with certified recovery from a negative swab simultaneously have cases in their cohabiting household that are still positive, they should not be considered "close contacts with quarantine obligation" but may be readmitted to service.

D) Long-term positive

Those who continue to test positive for molecular testing and who have not had any symptoms for at least one week can Discontinue isolation after 21 days after the onset of symptoms.

Such workers will be readmitted to work only after a negative molecular or antigenic swab carried out in a facility accredited or authorized by the health service. Again, the worker will take care to send this report, also in telematic mode, to the employer.

The period, if any, that elapses between the issuance of the end of isolation certificate and the negativization, in the event that the worker cannot be engaged in agile work arrangements, must be covered by a certificate of prolongation of illness issued by the attending physician.

For the case of positive workers beyond the twenty-first day is not expected, unless specifically requested by the worker, the need for the competent physician to conduct the medical examination prior to the resumption of work to verify fitness for the job. 

E) Asymptomatic close contact worker

The worker is required to inform his or her attending physician, who issues medical certification of illness unless the worker himself or herself can be placed on agile work.

For readmission to duty, the worker after undergoing a 10-day quarantine since the last contact with the positive case, undergoes swabbing and the report of molecular or antigenic swab negativity.

Ways for external providers to access

In confirming the provisions already adopted by protocol of April 24, 2020, one aspect is introduced regarding the privacy in the event that in the presence of employees of third-party companies operating at the same production site, a worker should test positive for the swab. In this case, the contractor is obliged to inform the principal immediately, and both must cooperate with the health authority by providing all useful elements for the identification of any tight contracts, In compliance with current legislation on the processing of personal data.

On-farm cleaning and sanitation

On this aspect, nothing is introduced and innovated.

However, we are reminded of the importance of periodically sanitizing the premises, common areas and individual workstations (with special attention to keyboards, touch screen devices, mice) with appropriate sanitizing detergents.

Again, the use of social shock absorbers to organize sanitation and cleaning of workplaces is encouraged.

Personal hygiene precautions

All of the following measures remain firm:

  • the company is required to provide hand cleaning means
  • frequent hand cleaning using soap and water is recommended
  • cleaning agents for the must be accessible to all workers (in this regard we recommend the placement of special dispensers in easily identifiable places)
  • the company's own preparation of cleaning fluid by complying with the directions arranged by the WHO is encouraged.

Personal Protective Equipment

The updated protocol of April 6, 2021 identifies what personal protective equipment (PPE) is, considering "surgical masks" as such.

In all cases of sharing work environments, indoors or outdoors, the use of surgical masks or higher level personal protective equipment is mandatory. It should be noted that, in the logic of performance carried out without contact with other people, the use of surgical masks or other PPE is not necessary in the case of activities carried out under conditions of isolation.

In any case, it will be up to the company to determine which PPE is most appropriate to use, based on the risks specific to the activity.

Business organization

With reference to national and international travel, provision is made for the employer to collaborate with the MC and RSPP, who must take into account the context associated with different types of travel, with particular regard to the epidemiological trends at the destination sites.

Management of a symptomatic person in the company

Should a person present in the company develop fever (>37.5° C) and other typical symptoms of COVID-19 (respiratory or flu-like infection such as cough), he or she is required to notify the personnel office immediately.

He or she will then be isolated and the others present will be isolated. At the time of isolation, each person should be fitted with a surgical mask.

The company will work with the relevant authorities to define any close contacts.  

Health surveillance/competent physician/RLS

A special and important role is given to the competent physician, who:

  • Collaborates with the employer, RSPP and RLS/RLST in order to identify and implement all anti-contagious measures
  • Implements health surveillance for the purpose of protecting frail workers
  • may suggest adopting particular testing/screening strategies that it deems useful in containing the spread of COVID-19
  • collaborates with the health authority (ULSS) by identifying any "close contacts" of a worker who has tested positive for the virus.

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