COVID-19 Phase Two – Workplace safety Protocols

The Prime Ministerial Decree of 26 April 2020 (“Phase 2 Decree”), which incorporated the "Joint Protocol for regulating the measures designed to counter and contain the spread of Covid-19 in workplaces" (Protocol) signed by trade unions and employer associations on 14 March 2020, was supplemented with further operational indications on 24 April 2020.

These provisions must be read in the light of the Italian data protection authority’s FAQ published on 24 April 2020.

The Protocol contains guidelines to make it easier for companies to take and increase precautions within their organisations.

Failure to implement measures that do not ensure adequate levels of protection will result in the suspension of the Company’s activities until security conditions are restored.

Information

Firstly, the employer must provide its employees or others who enter the company's premises with information leaflets concerning the provisions issued by Authorities regarding the virus. (This information can also be posted in visible places).

The employer is also required to provide information to employees on the measures taken by the Company and on the use of personal protective equipment while taking into account workers’ tasks and responsibilities.

Controls at the entrance

The Protocol allows employers to control and monitor the body temperature of workers and visitors and to prevent them from entering the company if someone's body temperature exceeds 37.5 degrees.

In addition, employees may be required to issue "self-declarations" certifying that they have not visited epidemiological high-risk areas and that there has been no contact over the last 14 days with subjects who tested positive for COVID-19.

These procedures must comply with the GDPR principles of minimisation and proportionality.

Therefore:

• the processing and storage of data must be limited as much as possible (e.g. temperature information can only be recorded to provide evidence on the reasons for preventing access to company premises and thus can never be stored for occasional visitors or customers);
• a privacy notice must be provided to the data subject;
• adequate security measures must be in place to protect such data;
• the confidentiality and dignity of the worker must be guaranteed in the event of temporary isolation due to exceeding the temperature threshold; and
• unnecessary data, such as additional information on the person tested positive or on places at epidemiological risk, cannot be collected.

In regard to workers who have already tested positive for the infection, their entry into the company must be preceded by a prior communication with a medical certificate showing that the swab has been "negative" in accordance with the procedures laid down and issued by the relevant territorial health authority.

Finally, in the areas most affected by the virus, should the competent health authorities require specific additional measures (e.g. taking swab samples from workers), the company must provide maximum cooperation.

External employees and companies

In order to reduce the risks of contact, external suppliers are obliged to remain in their vehicles and not to enter the premises or use the toilets dedicated to employees.

In addition, external companies must promptly inform their clients when their employees test positive after a swab test.

In turn, the employer must inform any external company on the measures provided by the Protocol to allow them to comply with the procedures.

Cleaning, sanitisation, personal hygiene, precautionary measures, personal protection devices

Sanitisation of workplaces can be carried out on a periodic basis, while cleaning must be carried out daily. In companies where positive cases have been recorded, employers must provide extraordinary sanitation measures of the company environment, workstations and common areas.

The company is required to make available suitable hand-cleaning facilities. They must be accessible to all workers with dispensers located in easily identifiable places.

The use of masks (according to the recommendations of the World Health Organisation), gloves, goggles, overalls, ear coverings, gowns and other protective devices are prescribed for all employees who share common areas and cannot keep a distance of one metre from each other. Companies will assess the suitability of these devices, based on the totality of the risks assessed. To this end, the existing Risk Assessment Document should be expanded.

Common areas management, shifts, home-working and Company organisation

In company canteens, smoking areas, changing rooms and other common areas, employee access must be restricted and regular sanitation and daily cleaning must be provided.

Departments where the physical presence of employees is not necessary must be closed. To mitigate staff turnover, employees can make use of social safety nets and apply accrued holidays that have not been taken.

Travel and business trips will be cancelled or suspended.

The home-working (smart working) mode is also favoured. In this case, the employer must ensure appropriate support conditions (e.g. providing devices like laptops, smart phones).

Workspaces will have to be changed by placing employees in unused offices and by distancing workstations.

Finally, with regard to transport, the use of private vehicles or shuttles will be encouraged.

Employee entrances and exits, internal movements, meetings, events and training activities

The Protocol provides for the staggering of staff entry and exit times to avoid contact in common areas.

Movements within the company worksite must be limited to the minimum necessary; physical meetings, events and training activities will be prohibited and conducted online. It is suggested that employees be informed that that failure to complete professional training does not preclude the performance of their tasks.

Symptomatic workers, health surveillance, competent physician and works committee

An employee with symptoms of infection must be immediately isolated and wear a surgical mask. The company is required to cooperate with the health authority to identify any "close contacts" in the workplace.

Regular health surveillance must not be interrupted in compliance with the hygiene measures contained in the instructions of the Ministry of Health.

The competent physician, upon presentation of certification that he has tested negative, will carry out medical examinations of employees absent for more than sixty days continuously in order to verify their suitability for the job. The doctor may suggest the adoption of any diagnostic means useful for the containment of the virus.

Finally, the Protocol provides for the establishment of an in-house Committee (or Territorial Committee), with the participation of trade union representatives, the Workers Representative for Safety and possibly local health authorities, to verify the correctness and effectiveness of the measures.