Training of persons in charge

The person in charge represents a fundamental link in the company security chain, as it ensures that the employer's directives are respected in everyday operations. Its training, continuous updating and effective implementation of its tasks are essential to prevent accidents and ensure a safe and compliant working environment.

The person in charge according to Legislative Decree 81/08: Role, Tasks and Responsibilities

Legislative Decree No 81 of 9 April 2008, known as the Consolidated Text on Safety at Work, regulates the protection of health and safety in the workplace. Among the key figures identified by the legislator is the Responsible, a person who, by reason of his professional skills and within the limits of his hierarchical and functional powers, supervises work and ensures the implementation of safety measures.

Definition of the Responsible

The Article 2, paragraph 1, letter e) Legislative Decree No 81/08 defines the person in charge as ‘a person who, by reason of his professional skills and within the limits of the hierarchical and functional powers appropriate to the nature of the task assigned to him, supervises the work and ensures the implementation of the directives received, monitoring their correct execution by the workers and exercising a functional power of initiative’.

Tasks and Responsibilities of the Responsible

The role of the person in charge entails specific functions and responsibilities established by theArticle 19 of Legislative Decree 81/08. In particular, the person in charge must:

• Overseeing and supervising compliance by workers with legal obligations and company provisions on health and safety at work;
• Verify that only properly trained and informed workers access specific risk areas;
• Require compliance with prevention measures and take action in the event of non-compliant behaviour;
• Report promptly to the employer or manager any deficiencies in the means and equipment of work, as well as any other dangerous condition;
• Provide the necessary safety instructions workers and, if necessary, stop work in the event of an emergency;
• Participate in training and refresher programmes organized by the employer.

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Obligations and Sanctions

Failure to comply with the duties laid down for the person in charge shall result in administrative and criminal penalties. The Article 56 of Legislative Decree 81/08 provides that the person in charge may be punished with arrest for up to two months or a fine of up to €1,200 in the event of non-supervision of workers’ compliance with safety standards.