Safety is a priority on our construction sites

Workplace safety and particularly safety at construction sites is a recurring and highly relevant topic.

The Consolidated Safety Act (Legislative Decree 81 of April 9, 2008, as amended), among other things, partially redefined the previous legislation (Legislative Decree 494 of August 14, 1996, as amended) whereby, unlike what was previously established, safety on construction sites becomes an essential requirement that must be planned whenever multiple companies are present, without exception.

Safety includes 3 key elements that require attention:

• The assessment of all actual risks and the resulting preparation of suitable measures to prevent them (prevention and protection measures)
• The communication of risks and the related prevention and protection measures through information and signage
• The implementation of the prevention and protection measures in relation to the risks foreseen and those that may arise during execution

It is necessary to summarize some fundamental principles that decision-makers must understand:

1. Safety is a value and must be safeguarded by all means
2. Safety must always be guaranteed: no exceptions are acceptable
3. Safety requirements must be considered BEFORE confirming an offer and not by requesting documentation already prepared at the exact moment personnel enter the workplace (because this is physically impossible)

Safety must be pursued in advance through the tools available:

• Safety and Coordination Plan (PSC)
• Operational Safety Plan (POS)
• Substitute Safety Plan (PSS)
• Worksite Safety File (FO)
• Documentation of inspections, periodic meetings, and transmitted information

Safety measures, understood as prevention and/or protection measures against risks, must always be guaranteed regardless of the type of construction site, since the right to health (see Art. 32 of the Constitution) is an inalienable right (see Criminal Cassation, Sec. IV, March 20, 2008, No. 12348).

Consequently, the regulations governing construction sites always impose obligations on specific subjects, which can be grouped into two categories (see paragraph 1.4):

• general: those that always apply, including compliance obligations (e.g., the requirement for operator qualification, which mandates specific technical-professional suitability)
• specific: those that arise when the required conditions occur (e.g., the obligation to appoint coordinators and therefore draft the PSC, etc.)

Occupational safety regulations are criminally relevant, meaning that violations of protective legislation are criminally sanctioned (as misdemeanors or felonies).

Criminal liability, as widely known, is personal (Art. 27 of the Constitution) and refers to one’s own culpability (acts of omission or commission) and not to actions of others.

During execution of the work, the employers of the executing companies must observe the general protection measures and ensure, each within their area of responsibility, in particular:

1. the maintenance of the worksite in orderly conditions and adequate hygiene
2. the selection of workplace locations taking into account access conditions, defining movement or circulation routes or areas
3. the conditions for handling various materials
4. the maintenance, pre-commissioning checks, and periodic inspection of systems and devices to eliminate defects that may compromise workers’ health and safety
5. the delimitation and setup of storage areas for materials, especially hazardous substances
6. the adjustment, based on worksite development, of the actual time needed for the various types or phases of work
7. interactions with activities taking place on site, inside or near the worksite
8. checking that the Operational Safety Plans (POS) of executing companies are consistent with their own before transmitting those plans to the Safety Coordinator during execution

The professional figure of the safety coordinator plays a crucial role on construction sites. This key figure acts as an intermediary between the client and the designer and is responsible for the initial and essential planning and organization of safety on site.

The coordinator’s work requires increasingly specialized knowledge, as well as continuous training on regulatory developments.

This role is divided into two distinct functions, which may be performed by two different professionals: the Safety Coordinator during the Design Phase (CSP) and the Safety Coordinator during the Execution Phase (CSE).

The CSP is appointed in construction sites where multiple executing companies are foreseen, even if not present simultaneously.

As previously noted, their essential duties include:

• the drafting of the Safety and Coordination Plan (PSC)
• the preparation of the safety file describing the characteristics of the works

The CSP must also coordinate preventive measures to protect workers’ health and safety.

Once appointed, the CSP becomes the client’s (or project supervisor’s) first point of reference during logistical, technical, and organizational decisions, in order to plan the various work phases that will take place simultaneously or sequentially.

It is important to note that safety costs must be included in the PSC, prepared by the CSP; in the case of public works, these costs must appear in the economic framework to avoid being subject to price reductions during tender procedures.

The definition of safety costs therefore becomes contractually binding.

The CSE is appointed whenever multiple executing companies are present, even if not simultaneously, and whenever new contractors join the project.

The CSE is a field professional who monitors the correct progress of the works; they have continuous supervision and control duties on site.

They must inspect the site, ensure compliance and safety, report non-compliances to the client or project supervisor, and—if ignored—report serious irregularities to the local health authority (ASL) and the Provincial Labor Directorate.

If the contractor for a given project is a consortium of companies promoting the participation of its members in public or private contracts, even without its own operational staff, the executing company is the consortium member assigned to carry out the contracted work (as identified in the assignment act communicated to the client or, in case of multiple assigned companies, the one designated as the executing firm, provided it has expressly accepted the assignment).