With the latest Inquiry issued by the Commission for Inquiries, clarity has finally been provided on a topic that has been difficult to define: the obligation to have a supervisor present at workplaces.
Inquiry No. 4 of September 30, 2024
On September 30, 2024, Inquiry No. 4 was published by the Commission for Inquiries on Health and Safety at the Italian Ministry of Labor to respond to some questions raised by the Chamber of Commerce of Modena regarding the role of the supervisor at construction sites. Specifically, questions concerned:
- The mandatory appointment of a supervisor for subcontracted activities;
- The obligation of the physical presence of a supervisor on site;
- The mandatory appointment of a supervisor in case a single worker is involved in the activities.
The Legal Basis for Analysis
The answer provided by the Ministry of Labor is grounded in Legislative Decree No. 81 of April 9, 2008 (Testo Unico sulla Salute e Sicurezza sul Lavoro), specifically in Articles 2, 18, 19, 26, 55, and in Inquiry No. 5 of December 1, 2023, which had previously tried to investigate this issue.
The Commission for Inquiries has determined that, regarding the obligation to appoint a supervisor for subcontracted activities – whether involving a single worker or multiple ones – the conditions that determine this requirement should always be considered valid. This is due to the definition provided of the supervisor, a guarantor figure of mandatory identification, whose role is to:
Oversee and monitor the compliance of individual workers with their legal obligations, as well as with company regulations regarding health and safety at work, and the use of collective protection measures and personal protective equipment provided to them. In the event of detecting behaviors that do not conform to the instructions issued by the employer and managers for collective and individual protection, intervene to correct the non-compliant behavior by providing necessary safety instructions.
The Ministry’s Response
Therefore, it is always mandatory to appoint and notify other involved employers (contractors and subcontractors) of the designated person for this function, who must necessarily be present at the site where the activities are being carried out, in accordance with their supervisory duties and responsibilities.
