What are the employer's obligations regarding safety at work for smart working?

In the last two months, legislative and regulatory interventions have alternated that have pressed companies and professionals operating in the field of job security on the issue of health and safety guarantees for workers who perform their work in agile work mode (better known as smart working).

With the sentence no. 45808 of 5 October 2017 the Court of Cassation wanted to emphasize that every type of space can assume the quality of a workplace, provided that at least one workplace is housed there or it is accessible to the worker as part of his work.

In this way the responsibility of the employer is drawn up to draw up a preliminary risk assessment and to deal with the training and information of the workers who carry out their work in the form of smart working.

The INAIL circular

INAIL, which for years has been involved in the dissemination of the culture of training on the subject of safety at work with the publication of calls for tenders that are responsible for providing financial incentives for the organization of specific training initiatives, intervened with the circular n.48 of 2 November 2017.

In the paragraph that has as its title Protection of workers' health and safety, is highlighted as to guarantee the health and safety of the worker who performs the service in agile work mode , the employer delivers to the worker himself and to the workers' safety representative, at least annually, a written report identifying the general risks and specific risks connected to the particular method of performing the work performance.

On the subject of workplace safety training for smart working workers, INAIL refers to the contents of Legislative Decree no. 9 assumed by the state regions agreement of 7 July 2016 which has extended the possibility of using e-learning for general and specific training of workers.

Finally, INAIL reminds us that the worker who performs his work in an agile way is in any case required (...) to cooperate in the implementation of the prevention measures prepared by the employer.

Fair protection for smart working

Given the growth in the use of smart working that we have witnessed in recent years and the possibility that, finding ourselves working partly in company premises and partly outside (without a fixed workstation), we may run into an underestimation of risks health related e job security, the interventions of the Court of Cassation and INAIL seem particularly appropriate

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