Specific mention is made in the legislation on workplace safety to the special case of safety management in the event of contracted works and temporary events, whether private or open to the public, in the two key phases: outfitting/dismantling and when the contract or event is in progress.
These activities are mainly regulated by article 26 of Legislative Decree 81/2008, which deals with the obligations related to tender contracts, works contracts or short-term employment contracts, i.e., the management of activities that also involve third parties.
Applying article 26 to events
In drawing up a “DUVRI”, all potential risks stemming from interference are assessed, the preventive and protective measures to be adopted to reduce such risks are identified and an Emergency Plan is developed, which includes an analysis of potential situations that could be classified as emergencies together with the procedures to manage them, in essence, preparing a DUVRI allows the contracting employer to manage the presence of various contractors and the public correctly both during preparation and during the event.
We also consider it advisable for the contracting employer to check the technical and professional suitability of contractors and subcontractors more stringently than is envisaged in the law (article 26 paragraph I letter a.2) before assigning contracts. This is also a key step to protect the client’s brand.
Applying the Decree on staged events, the “Decreto Palchi”
When events are staged which require the temporary installation of equipment that may include sound, lighting and technical systems for stages, falling within the scope of the so-called “Decreto Palchi” (Italian Inter-ministerial Decree of 22 July 2014), the regulations set out in the Temporary and Mobile Construction Sites Standard – Title IV of Legislative Decree 81/08 shall apply, subject to certain limitations and/or exclusions.
Key points for the application of these regulations
Particular attention must be paid to examining cases in which there are doubts as to whether or not the outfitting/dismantling phases actually fall within the scope of the “Decreto Palchi”. Importance must also be attached to ensuring that the mandatory documentation is complete, for example certification of Technical and Professional Suitability and the “DUVRI”, which are often not provided in a correct and timely manner, or which do not take into due account certain essential aspects, such as verifying that those involved in setting up/managing the event have completed the minimum training requirements.
Our best practices are more stringent and rigorous than the applicable legislation; two goals are pursued: full compliance with the intentions – explicit or not – of the legislator, and protection of the company from harm to its brand image that could result from a carelessly organised event.
Activities
PLS will make its technical specialists available, they bring expertise and experience to the table when planning an event and the first step they’ll take is to assess the suitability of the location by reviewing some basic documents, such as:
• the Emergency Plan;
• the Declaration of Conformity of the electrical system;
• the Fire Safety Certificate, where present;
• Certificate(s) of compliance, etc.;
Once the location has been decided, the “DUVRI” will be drawn up with the contractors engaged for the event to assess the risks deriving from interference between activities, ensuring that the document is signed by all contractors and sub-contractors.
The PLS consultant will then proceed to evaluate the contractors in accordance with Legislative Decree 81/08, by requesting the following documentation:
• Technical and Professional Suitability;
• the “DURC” (a single document certifying compliance with the obligation to pay social security, welfare and insurance contributions).
• the identity card of the employer signing the contract;
• the company’s Chamber of Commerce commercial register extract, issued no more than 6 months previously;
• Training certificates pursuant to Article 37 of Legislative Decree 81/08;
• Specific working at height training, certificates for the use of specialised equipment.
Lastly, the PLS technical expert will always carry out an inspection to verify the correct implementation of all the required prevention and protection requirements, following which an inspection report will be drawn up.
In the case of events that envisage the presence of the general public, a Safety Plan will be prepared and all meetings involving the relative authorities will be attended (e.g., the technical panel at the police headquarters) in order to assess and discuss the Safety Plan with the competent authorities.
Where Covid infection risk management is concerned, an ad hoc protocol will be drawn up for each event in order to minimise the risk of transmission.