Alongside the employer, the manager and the preposto, the prevention system has three other key figures: the RSPP, the occupational physician (medico competente) and the RLS. They are not all present in every company in the same way, but every worker should know who they are and what they are for.
The RSPP and the ASPP
The head of the prevention and protection service (RSPP) is the person who coordinates the SPP. They must have the requirements and professional skills set by Article 32. The employer designates them, and they answer to the employer; the designation cannot be delegated. They may be inside or outside the company. The officers (ASPP) help them.
Under Article 33 the service:
- identifies the risk factors and takes part in the assessment;
- proposes the prevention, protection and control measures;
- prepares the safety procedures for the various activities;
- proposes the information and training programmes;
- takes part in the consultations and in the periodic meeting.
The RSPP advises, but it is the employer who decides and answers. If a mistake by the RSPP contributes to an accident, the RSPP can also be held to account under the general rules.
The occupational physician
The occupational physician is a doctor with the qualifications required by Article 38. The employer appoints them when the risk assessment calls for health surveillance (Art. 18 and Art. 25). The occupational physician:
- cooperates in the risk assessment and in the choice of PPE;
- carries out the medical examinations (Article 41): before the job is assigned, during work at regular intervals, at the worker's request if the physician considers it linked to the risks, on a change of job and in other cases provided for;
- gives the fitness-for-work opinion: fit, fit with prescriptions or limitations, temporarily unfit, permanently unfit;
- keeps the health and risk record, which is confidential;
- inspects the workplaces, generally once a year.
Against the occupational physician's opinion, the worker and the employer can appeal within 30 days to the local health authority (Art. 41, paragraph 9). The physician does not give the employer health data: they communicate the opinion, not the diagnosis.
The workers' safety representative (RLS)
In every company or production unit there must be an RLS, elected or designated by the workers (Art. 47). In companies with up to 15 workers the RLS is normally elected directly by the workers from among themselves, or there may be a territorial representative. The minimum number is 1 up to 200 workers, 3 from 201 to 1,000, 6 above 1,000.
Article 50 gives them important rights:
- to access the workplaces;
- to be consulted in advance on the risk assessment, on the designation of the RSPP, occupational physician and emergency officers, and on the organisation of training;
- to receive information and a copy of the DVR;
- to make proposals and warn the employer about risks;
- to turn to the authorities if they believe the measures are not enough.
They are entitled to special training of at least 32 hours initially, with periodic refreshers (Art. 37, paragraphs 10 and 11), and may not suffer detriment for their activity.
Who to turn to
If you have a doubt about safety, you can talk to the preposto, the RSPP or the RLS. If you have a work-related health problem, you can ask the occupational physician for an examination.