RSPP CONDOMINIUM DEVELOPMENT DUVRI - DVR
The 2001 2001 2009 come into force for all activities, the obligation to set the DVR and DUVRI if interference with other subjects.
DVRI Failure processing in accordance with Decree no. 82/2008 - TU-Security will lead to the Employer heavy penalties, including criminal law.
(For the building administrator as employer stop from 4 to 8 months or a fine from 5,000 to 15,000 €).
Book an appointment to assess their needs, we also evaluate assignments RSPP No macro-sector for the Ateco 3 - Construction - for the Province of Chieti-
email caso.gianfranco @ tiscali.it
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building managers and the Consolidated Occupational Safety
With the new Consolidated safety - Legislative Decree 81/2008, the responsibilities of the condominium are to be further enlarged compared with the guidelines contained in the old legislation (Legislative Decree 626/94).
In particular, the Decree No. 81/2008 (in Article 2, first paragraph), its applicability to all workers, excluding only the "assigned to home and family" and (the first paragraph of Article 3) to "all the private and public sectors and all types of risk."
The latter also is subject to additional responsibilities in giving effect to work overtime. For he shall promote cooperation and coordination among companies to whom they entrust the work (Article 3 of Law 123/07. The contractor (building) draw up (third paragraph of Article 26) a single document risk assessment would identify measures to eliminate or minimize the risks of interference.
The document must be attached to the contract or work and allegation of no-result in the nullity of the contract under Article 1418 of the Civil Code, contrary to the rules of interpretation.
The novelty of the Consolidated job security is the provision in respect of contracts entered into before August 25, 2007 (date of entry into force of Law 123 in 2007) and still in progress as at 31 December 2008 the obligation to attach the above document to the contract by December 31, 2008.
ASSESSMENT MADE INTERESTING INGA. GERARDO Porreca
- Prevention and Safety at Work - Official Labour Inspectorate
Question condominium administration
IS WHETHER IN THE CASE OF A BUILDING APPLIES D. LGS. 626/94 and art. 16 OF DPR 547/55 on the fixed scale. THE QUESTION ARISES FROM THE FACT THAT THE SHAREHOLDERS REJECT THE APPLICATION OF A RAIL ON THE CONDOMINIUM flights of stairs between two walls INCLUDING, WITHOUT THE CONSTRUCTION OF THE FIN. PLEASE NOTE THAT THE SCALE AND TRANSIT WORK EVEN cleaners, ANY CRAFTS FOR MAINTENANCE ETC. THE BUILDING IS A PLACE TO WORK?
----------------------------- ------------------- ooooooooooooo --------- This question is truly unique. The provisions contained in Decree 547/55, including in art. 16 mentioned the obligation to provide a handrail fixed into flights of stairs bounded by two walls, apply to employers' work and to protect employees or equivalent to it. So strictly speaking, a legal obligation to administer the condominium have handrails on the stairs, according to the above safety standards, would only exist if it had at least one employee (such as porter, gardener, etc. ..) In this case, the party responsible is identified and criminal penalties as administrator condominium.
In fact it would be applicable also art. 7 D. Legislative Decree No. 626/94 according to which the condominium administrator employer, in its role as developer and owner of the contract or contract work, is required to implement the measures prevention and protection required by the standards of occupational safety in cooperation with employers of businesses called upon to operate within its environment (in the case cited the company for cleaning or maintenance company, etc.).. On these occasions will essentially constitute a common responsibility between the employer of the contractor and the employer who commissioned the work within the company and therefore the effect of contributory negligence if the failure detention of any occurrence of industrial accidents.
If the administrator does not have the figure of condominium employer the obligation of implementing the security measures and prevention of injuries is the sole responsibility of the employer who uses the condominium which among other places, according to D. Legislative Decree No. 626/94, must be subject to a risk assessment made by the same employer in order to remove them before starting work.
It is however aware of the application by the Judicial Article. 7 D. Legislative Decree No. 626/94 also against clients, although not emphasized in the figure of these employers, the mere fact that he entrusted the work to firms in the presence of risks in their premises, so the advice that comes from is to formulate provide, however, to eliminate the shortage of safety concern.
But then at the end because resort to the safety standards at work to request the application of a general measure of safety to be applied in an environment of life and for the protection of each condominium and even third measure, due, among other things, as they say, any good "pater familiae? Source
Mr. Gerardo Porras
QUESTION
In a shipyard is scheduled to attend a company that will remove the beams and the existing tiles and then the owner will complete its work (in the economy through its staff) consisting of the installation of metal railings and finishing of the slab (slab, insulation, floor) with a speech
RESPONSE In the work reported
you configure your presence, but not contemporary, more organizations for which pursuant to paragraphs 3, 4 and 11 of Article. 90, D. Legislative Decree No. 81/2008 containing the Consolidated Text on health and safety at work, the client, the work is not subject to planning permission is not required to appoint the co-ordinator at the design stage but to designate any event, the first of custody work, the coordinator at run time which will ensure the preparation of the PSC to be sent to all businesses operating on site. Employers of contractors, and therefore in this case also the owners who assume the authority employers work with their staff in economy, will in turn, pursuant to art. 101 of the same D. Bye-law, prepare and send the POS to the coordinator at run time. Under
then the provisions of Art. 99 of the same instrument, also the developer in this case also has an obligation to carry out, before starting work, the prior notification and send it to local health and the local Labour Office competent for the territory.
It must also be remembered that as specifically indicated in art. 90 paragraph 9 letter c) of the same instrument, the customer also has the obligation, even if the work for which the complaint commenced activities implemented directly with its employees without the contract, to transmit to the competent authority, before the work is the subject of the complaint to commence business, the name of the contracting companies work together with the documentation provided by a) and b) of that paragraph 9 that the works do not require a permit to construct is consistent in
- certificate of registration with the Chamber of Commerce, Industry and Handicrafts-DURC self-possession of necessary qualification and professional Consolidated in Annex XVII of the collective agreement on self-applied employees. Mr. Gerardo Porras
source
read the other questions on the application of D. Legislative Decree No. 81/2008
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