The Permanent Advisory Committee on health and safety at the workplace, in the session held on 27 November 2013, has approved the adoption of simplified procedures for the effective implementation of safety organization and management systems (so-called MOG).
Said procedures have been incorporated by the decree issued on 13 February 2014 by the Ministry of Labour and Social Policy and implemented by the official notice on “Transposition of the simplified procedures for the adoption and effective implementation of safety organization and management systems in small and medium-sized businesses (PMI)” published in Official Gazette n. 45 of 24 February 2014.
Scope of the document is to “provide small and medium-sized businesses intending to adopt an health and safety organization and management system, simplified operational and organizational directions to prevent those crimes provided for under art. 25 septies of Legislative Decree n. 231/2001” namely, “manslaughter or grievous bodily harm or serious injuries committed in breach of the rules on health and safety at the workplace”.
The simplified procedures consist of an instructions booklet and predefined formats which may be amended and supplemented by the PMI depending on the technical-organizational complexity of the company structure.
The company top management (which is the uppermost management level of the corporate structure, and which may well be the employer and the managing body) shall, according to its own requirements and respective management tasks and organizational needs, assess the opportunity to implement a MOG, setting out “the company policy, core values and principles on the topic of health and safety at the workplace” . To do so, the following elements shall be carefully scoped out: i) company’s main features, organization and socio-economic background it operates in; ii) thorough account of the incidences already occurred (industrial accidents, occupational illnesses, emergencies, and the like); iii) knowledge and information on working activities and identification and description of business processes; iv) risk assessment; v) authorizations, documents and certificates regarding the business.
In order to properly shelter and release the company from administrative liability, a MOG must be adopted and effectively implemented thus ensuring the existence of a full-scale corporate system for the fulfillment of all the mandatory obligations in relation to the following activities:
- Compliance with compulsory technical-structural standards regarding equipment, facilities, work place, chemical, physical and biological agents;
- Risk assessment and arrangement of relevant prevention and protection measures;
- Operational activities such as emergency response, first aid, contracts management, safety periodic meetings, consultations with workers' health and safety representatives;
- Health surveillance;
- Information and safety awareness training for workers;
- Supervision of workers’ compliance with procedures and directions on safety at work;
- Obtainment of all the documents and certificates mandatory under the law;
- Regular monitoring of the active implementation and effectiveness of the procedures.
MOG must provide for ad hoc protocols purporting to show and record that all the tasks focused on and aimed for health and safety at work have been fully accomplished.
In any event, according to the type and size of the company and to the activity carried out, MOG shall provide for a range of tasks and functions ensuring the presence of technical skills and powers demanded for risk monitoring, assessment, management and control, as well as a suitable disciplinary system to hinder and sanction any infringements of the MOG procedures