Health and Safety Legislation and Flexible Employment

Summary: 1. Introduction: Why study health and safety with reference to flexible employment-. 2. The new flexible employment rules and the latest Health and Safety Legislation; a) The legislative framework b) Health and safety rules applicable to flexible working types. ; c) The definition of "worker" in the matter of health and safety at work.. d). Recent changes to the rules on health and safety at work and non-standard work. 3. The European directive on health and safety in flexible employment. 4. Non-standard forms of work and health and safety. Promotion of health and safety at work : The prohibitions on the use of flexible forms of work in the absence of risk assessment in the company. 5. Preventive aspects on fixed-term contracts. 6. Protection of health and safety in temporary agency work. 7. Health and safety in apprenticeship job contracts. 8. Conclusions.

1. Introduction: Why study health and safety with reference to flexible employment

Economic crisis, globalization and new organizational production systems produced a trail of

increased unemployment and social exclusion all over the world, Europe and Italy not excluded (1).

Since the '90s, the Italian legal system-in the wake of the European Employment Strategy (EES)

first, and of the Lisbon process afterwards - adopted a labor market policy aimed at giving more

space to non standard forms of employment (2) also to facilitate the entry into the formal labor

market in order to curb undeclared work (informal economy) (3).These types of contracts are used

to hire also the so-called Priority Groups (4), i.e. target of disadvantaged population, subject to

greater health and safety at work risks (5).

1() ROMAGNOLI, Il diritto del lavoro nell’età della globalizzazione, in Lavoro e Diritto, n. 4, 2003, 569 ss; SCIARRA, Globale e locale: prove di razionalità per il diritto del lavoro, in Sociologia del diritto, 2004, n. 3, 23. 2() There is no official definition of “non-standard forms of employment”. Typically, NSFE covers work that falls outside the scope of a standard employment relationship, which itself is understood as being full-time, open-ended work, within a subordinate employment relationship, see. Non-standard forms of employment, ILO, Geneva, 2015.3() For literature references since the ‘90s , see the following reconstruction, containing also doctrinal references: DEL PUNTA, Dal Protocollo Giugni al Decreto Biagi, in ICHINO (a cura di), Il diritto del lavoro nell’Italia repubblicana, Giuffré, 2008, 253 ss. For an economic analysis see: NANNICINI, L’analisi economica della flessibilità nel mercato del lavoro,” in Lavoro flessibile: opportunità o vincolo?, Franco Angeli Edizioni, 2005, 71-82.4() OSHA, Workforce diversity and risk assessment: Ensuring everyone is covered, OSHA, 2009, in osha.europa.eu.5() Ageing workers, Migrant workers, People with disabilities, Women, Young people, see. https://osha.europa.eu/en/priority_groups; see also the OSHA project “Safer and healthier work at any age – occupational safety and health (OSH) in the context of an ageing workforce” that aims at assessing the prerequisites for OSH strategies and systems in order to take into account an ageing

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On the basis of the constitutional principle of the fundamental right to health the employer should

therefore ensure -even at higher costs -, specific measures to guarantee health and safety at work

(6).

The need for greater protection for flexible job contracts (or for trainee) is explained if we evaluate

the condition of greater risk faced by workers hired through flexible forms of work.

This statement is largely supported by researches carried out by Eurispes / Ispesl in 2003: -

"Accidents at work and atypical work" (7) and by the European Agency for Safety and Health at

Work in 2002: “New forms of contractual relationship and implications for occupational safety and

health”(8).

These reports noted how there is "a strong relationship between precarious employment (which

depends on having a stable contract or not) and poor working conditions".

The fragmentary and temporary characters of flexible working are often accompanied by a lack of

adequate information. and appropriate training, causing a risk exposure equal to twice or three times

that of a worker permanently inserted in the company.

In this regard, and with reference to temporary workers (hired by an agency), it has been observed

that the temporary nature and, consequently, the low level of knowledge of the work environment

produce insecurity and discomfort, exposing temporary workers to a greater risk than workers

employed with standard employment contracts.

The reason is that flexible workers are not able to develop what psychologists call "perception of

group risk", i.e. the ability to perceive implicitly or explicitly the agreements adopted by the

community of workers to overcome situations of danger or emergency. In addition, temporary

workers have a strong sense of frustration and alienation from work often caused by the

performance of monotonous, dangerous, or tiring tasks, that the permanent staff normally refuses

(so-called “outsourcing of the risk”). Sometimes these activities are carried out in a place isolated

from the rest of the community and this condition increases the risk of accidents due to inattention,

stress, neglect, lack of control over working conditions (9).

workforce and to ensure better prevention for all throughout the working life.6() “Investing in occupational safety and health improves companies' productivity and competitiveness. This is especially true for medium and large-sized companies”, see: Creating Safe and Healthy Workplaces for All, ILO, Geneva, 2014.7() Eurispes/Ispesl. (2003). Incidenti sul lavoro e lavoro atipico. Available at: http://archivio.rassegna.it/2003/sicurezza/articoli/atipici/02.htm . 8() Availableat: https://osha.europa.eu/en/publications/reports/206; see also: OSHA, New trends in accident prevention due to the changing world of work, 2002.9() BIAGI- LOPEZ, Terziario avanzato e nuovi lavori: osservazioni dal punto di vista della normativa prevenzionistica, DRI, 2000, 3, 295.

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It should also be considered that the specific risks associated with the recruitment of flexible

workers can fall on all those who work in the workplace permanently. Hiring flexible workers

determines, therefore, an overall higher organizational risk, which has to to be properly governed

(10).

The need to adapt the health and safety rules to different types of job arrangements to permanent

full-time job, as flexible employment, is born from the desire to extend the protection granted to

permanent full-time employees also to self-employed or flexible workers, in accordance with the

spirit of the Directive n. 89/391 EC.

The previous system, in fact, was totally inadequate to the changes in the labor market (11), resulting

mainly from improvements introduced by Legislative Decree n. 10, n. 276 dated September 2003,

and Law n. 30 dated 14 February 2003. Legislative Decree N. 10 September 2003, n. 276 provided

health and safety rules for temporary workers hired by an agency, for jobs on call, as well as for

economically dependent job contracts. The above mentioned Legislative Decree. extended,

therefore, the subjective application of the health and safety regulation, limited in the past to

“standard” employment (art. 2, Legislative Decree n. 626 dated19 September 1994) .

At present, the Legislator is providing new rules for non-standard job contracts by means of a

Legislative Decree Draft which is now in Parliament, waiting for the non-binding approval of the

Labour’s Committee (n. 158/2015).

The subject of this paper is thus the health and safety rules relating to three flexible employment

jobs contracts provided by this decree scheme. The Legislator should focus more attention on health

and safety protection at work, also because these flexible employment jobs contracts - Fixed-term

contracts, Temporary agency work and Apprenticeship - are used to hire so-called Priority Groups:.

2. The new flexible employment rules and the latest Health and Safety Legislation:

a) The legislative framework

At present, all Italian Labour Laws, even Labour Market Laws (flexible employment rules), are

subject to modification by the Legislator,. A process that has been providing also new measures

to OSH rules in terms of simplification and rationalization.

The OSH regulation has always been seen as a part system of all the regulations related to labor

issues and this interpretation is confirmed if we analyze the Italian system; at present in fact, the

10() ANGELINI, Lavori flessibili e sicurezza nei luoghi di lavoro: una criticità da governare, 2007, in www.olympus.uniurb.it 11() BIAGI, LOPEZ Terziario avanzato e nuovi lavori: osservazioni dal punto di vista della normativa prevenzionistica. Dir. Rel. Ind. 2000; 3: 295

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Legislator , has provided two specific implementation decrees with Law 183/2014; the first one (n.

158/2015) is a draft legislative decree concerning the organic Law on the types of contracts and the

review of the regulation of tasks. The second one, which concerns general measures on OSH, has

not yet been published (12). However, Decree Law n. 69 dated 22 June2013(13) (“decreto del fare”)

converted in Law n. 98 dated 9 August 2013, (14), had already promoted some changes with

reference to health and safety at work, in terms of simplification and rationalization .

This does not mean that the two tracks are separated, and the topic of this paper demonstrates it.

It is necessary to combine flexible employment rules with general OSH rules (15).

It is interesting to note that these legal texts contain provisions for rationalization and

simplification; different types of flexible working are moving towards a " codification " , while it

can be observed that the rules on prevention in the workplace are changing in terms of

simplification of some of the procedures required by the law of 2008, as amended in 2009 .

The main topics will be information, training and medical surveillance for non-standard forms of

work, because, as seen above, these are the most important aspects to consider regarding the issue

analyzed.

This paper focuses on civil law and, even though criminal law16 is obviously involved in OSH, it

is not possible, for space reasons , to include the system of sanctions.

We outline below the flexible contracts and the ways in which the so-called Priority Groups are

employed or recruited :

Non-standard forms of work:

1. Part-time 2. On call job3. Fixed-term contract4. Temporary agency work5. Apprenticeship6. Economic dependent work7. Accessory work

12() Art . 1, par.5 of Law no . 183/ 2014 authorizes the Government to adopt one or more legislative decrees containing provisions for simplification and rationalization of procedures and obligations for citizens and enterprises , including those relating to health and safety at work.13() In Gazzetta Ufficiale, Serie generale, 21 giugno 2013, n. 144, Supplemento ordinario n. 50.14() In Gazzetta Ufficiale, Serie Generale, 20 agosto 2013, n. 194, Supplemento ordinario n. 63.15() TIRABOSCHI, Campo di applicazione e tipologie contrattuali, in TIRABOSCHI - FANTINI (a cura di), Il testo unico della salute e sicurezza sul lavoro dopo il correttivo (d.lgs. n. 106/2009), Giuffré, 2009, 139, He argues that it would be appropriate to make a rationalization and coordination of effective OSH discipline with the more general labor market system.16() For criminal law, see, SOPRANI, Sicurezza e Prevenzione nei luoghi di lavoro, Milano, 2001, e a GRILLI, Diritto penale del lavoro, Milano 1985.

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8. Stage

This paper takes into account, in particular, some types of contracts as it cannot, for space reasons,

cover the entire, very interesting universe of precarious work . Some of the main types of

employment contracts - used by enterprises to hire so-called Priority groups (17) -.have been

therefore selected in order to analyze them in terms of prevention of health and safety at work

b) Health and safety general rules applicable to flexible working types

It is important to say that in Italy we have always had an impressive corpus of rules regarding OSH,

which first developed in 1898, expanded during the1950s , and was finally “codified” in 1994, with

Decree n. 626.

At the present, the health and safety at work regulation in Italy is provided by Legislative Decree n.

81 dated 9 April 2008, as amended and supplemented by Legislative Decree n. 106 dated 3 August

2009, (18) and by Decree n. 69 22 June 2013 (“decreto del fare”), converted in Law n. 989 August

2013,. This last one aims at making the management of health and safety in the company more "

simple " and "effective " ;Finally , art. 2087 of the Italian Civil Code (cc) (19) can be regarded as the

“closing rule” of the system.

The purpose of the legislation of 2008 and subsequent amendments, read in connection with art.

2087 cc , is to help to reduce accidents at work. The European strategy developed by the European

Commission for health and safety at work in 2007-2012 has in fact stated that 25% of all accidents

at work in the EU take place in Italy.

17() GIOVANNONE-SPATTINI (a cura di), Lavoro in ambiente domestico, telelavoro e lavoro a progetto: linee guida e buone prassi per la prevenzione dai rischi, anche in chiave comparata, alla luce della riforma del mercato del lavoro in Italia, 2009, ADAPT.18() PASCUCCI, 3 agosto 2007- 3 agosto 2009. Due anni di attività legislativa per la salute e sicurezza dei lavoratori, Fano, 2011. V. DUBINI e FANTINI (a cura di), Guide alla sicurezza sul lavoro – volume I: Il sistema legislativo e istituzionale, EPC, 2014; TIRABOSCHI - FANTINI (a cura di), Il testo unico della salute e sicurezza sul lavoro dopo il correttivo (d.lgs. n. 106/2009), cit.; Le nuove regole per la salute e sicurezza dei lavoratori, a cura di ZOPPOLI, PASCUCCI, NATULLO, 2010.19 Since 1942.

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Legislative Decree n.81/2008 pursues its objectives "in accordance with EU legislation (20 ) and

international conventions " and with the competences of State and Regions" ensuring uniformity to

the protection of workers throughout the country through the respect for the basic level of benefits

relating to civil and social rights" (21)

Title I ( "Common Principles " ) contains "general provisions to be applied to all firms , both private

and public, subject to the provisions on health and safety at work" (22) (23).

In fact, one of the major innovations of the 2008 Decree is the very improvement of the provisions

on health and safety (artt. 2 and 3) as they now refer to all workers, even to the autonomous ones, in

case they are inserted in a work environment, without any formal differentiation, in application of

the principle of the effectiveness of accident prevention regulations (24) .

20() See the Framework Directive n. 89/391. Particular Directives followed (applying the principles stated by Directive n. 89/391 to the single topics regulated in detail time after time) such as n . 89/654 (Workplaces), n. 89/655 (Work Equipment), n. 89/656 (personal protective equipment), 90/269 (manual handling), n. 90/270 (use of video terminals), n. 90/394 (carcinogens), 90/679 (biological agents), n. 92/57 (temporary and mobile sites), n . 92/58 (safety signs), n . 92/85 (maternity protection), n . 92/91 (extractive industries operating with drilling), n . 92/104 (mineral-extracting industries), n . 93/88 (biological agents), n . 93/103 (work on board fishing vessels), n . 93/104 (working hours), n. 94/33 (protection of young people at work) and n . 97/42 (carcinogens agents).21()Therefore, the national legislation allows modifications by regional laws, in application of the subsidiarity principle which operates in those areas between the State and the Regions, in light of the principle of cooperation between regional and state legislation. In this context, regions operate through a system of opting out upwards, i.e. only by means of derogations for improvement. See also art . 1 , paragraph 3, of Law no . 123/2007 . See also: PERSIANI, Devolution e diritto del lavoro, in ADL., 2002, 19, e BIAGI, Il lavoro nella riforma costituzionale, DRI, 2002, 160. TROJSI, La potestà legislativa dello Stato e delle Regioni, in Le nuove…., cit. 15 ss. ZOPPOLI, Art. 1, Le nuove regole…., 7.22() See “Explanatory report (“Relazione illustrativa”) to Legislative Decree n. 81/2008.23() The above mentioned 2008 Decree implements the enabling act, i.e. Law n. 123 dated 3 August 2007, about the reorganization, coordination, harmonization and simplification of existing provisions for the adjustment of the protection of health and safety at work for all workers (men and women), employees and self-employed workers, as well as subject to those equivalent.In particular, the enabling act includes: 1) protection measures for certain categories of male and female workers and for specific types of jobs or sectors of activity, 2) appropriate and specific protection measures for the self-employed, in relation to the risks of the activities conducted in accordance with the principles of Council Recommendation 2003/134/EC dated18 February 2003 (art. 1, paragraph 2, lett. c).24() It is important to consider that the Legislative Decree n. 626/1994 had already outlined a new OSH model, in which the safety of the places is considered a goal to be achieved through the coordinated action of employers and workers, as well as by virtue of a proper planning of safety in relation to the specific needs of the individual working environment. See: FANTINI- GIULIANI, entry: Salute e sicurezza sul lavoro, in Il diritto del lavoro, a cura di AMOROSO-DI CERBO-MARESCA, Milano, 2009, 2070 ss.

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In the civil law code of 1942 , as above mentioned, art . 2087 cc (25)is the main reference in terms of

protection of the physical and moral integrity of the employee (26); This article - which is

considered applicable to any labor organization, both public and private, regardless of size and

complexity -, provides for the adoption of all appropriate measures to prevent injuries to the

individual workers, deriving from the work activity itself. Art. 2087 is a “dynamic” rule, as it gives

the opportunity to adapt the constitutional values to any possible situation (27).

These rules shall implement the principles expressed in the Italian Constitution in art. 32 (28), art.

35 (29), art. 38 (30) (which protects unfit, ill or injured workers , providing maintenance and

25() Art. 2087 c.c. “l‘imprenditore è tenuto ad adottare nell’esercizio dell’impresa le misure che, (…), sono necessarie a tutelare l’integrità fisica e la personalità morale del lavoratore”: “The entrepreneur must adopt, with reference to the business activity, all measures (…), necessary to protect the physical integrity and the moral personality of the worker”. 26()See, among others: Cass. lav. 5 February 2014, n. 2626, available at: www.olympus.uniurb.it; Cass. pen., 7 April 2011, n. 13777apparently unreleased (???) ; Cass. lav. 28 June 2008, n. 17309,in GL., n. 37, 2008, 32; Cass. pen., sez. IV, 29 November 2005, in ISL, 2006, 58; Cass. pen. 18 May 2005, ibidem, 2005, 521, and also, among many: Cass. pen., sez. IV, 2 July 1999, in Foro It., 2000, II, 260, with a note by R. GUARINIELLO.27() M. LEPORE, Manuale di diritto della sicurezza sul lavoro, Roma, Libreria dello Stato, 2010, 16. Cass., sez. lav., 7 June 2013, n. 14468:“L’adempimento dell’obbligo di tutela dell’integrità fisica del lavoratore imposto dall’articolo 2087 del codice civile è un obbligo di prevenzione che impone al datore di lavoro di adottare non solo le particolari misure tassativamente imposte dalla legge in relazione allo specifico tipo d’attività   esercitata e quelle generiche dettate dalla comune prudenza, ma anche tutte le altre misure che in concreto si rendano necessarie per proteggere il lavoratore dai rischi connessi tanto all’impiego d’attrezzi e macchinari quanto all’ambiente di lavoro”. “The fulfillment of the obligation to preserve the worker’s physical integrity established by art. 2087 cc, is a prevention obligation which requires the employer to implement not only the peculiar measures imposed by the law with reference to the specific types of activity as well as the generic measures laid down by common caution, but also all other measures which have to be implemented in the concrete situation in order to protect the worker from the risks related both to the use of tools and to the working environment”. 28 Art. 32: “The Republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent (…)”. 29 Art. 35: “The Republic protects work in all its forms and practices. It provides for the training and professional advancement of workers.It promotes and encourages international agreements and organizations which have the aim of establishing and regulating labor rights”.30 Art. 38: “Every citizen unable to work and without the necessary means of subsistence has a right to welfare support. Workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment. Disabled and handicapped persons have the right to education and vocational training. The duties laid down in this article are provided for by entities and institutions established by or supported by the State.Private-sector assistance may be freely provided”.

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support), art. 41, paragraph 2 (31) and art. 2 ( “The Republic recognizes and guarantees the

inviolable rights of the person”), as well the art. 3, paragraph 2, which states the substantial

equality of all citizens under our system of employment law.

c) The definition of "worker" with reference to health and safety at work

First of all, it is necessary to point out the definition of “worker” in the framework of health and

safety regulation, which is different from the definition provided by Labor Law in general, as we

will see below.

Article 2, c. 1, letter a) of Legislative Decree n. 81 dated 9 April 2008 concerns all types of job

contracts mentioned, which include the term "worker". “Worker” is "a person who, regardless of the

type of contract, has a job in the public or private sector, with or without pay, even for the only

purpose of learning a craft, art or profession, other than workers in the domestic and family field

(...) ".

These laws have been also extended to all individuals “equated with” workers (32), as well as to

volunteers (according to procedures and limits heavily influenced by Legislative Decree n.

106/2009) and finally to workers employed by means of flexible contracts, this last point being

particularly relevant here (33).

31 Art. 41: “Private-sector economic initiative is freely exercised.It cannot be conducted in conflict with social usefulness or in such a manner that could damage safety, liberty and human dignity.The law shall provide for appropriate programmes and controls so that public and private-sector economic activity may be oriented and co-ordinated for social purposes”. 32() About the problem of individuals other than workers (but equated with workers) and therefore excluded from the scope of the law, see: ANTONUCCI, Il campo di applicazione oggettivo e soggettivo, in La nuova sicurezza in azienda. Commentario al titolo I del D. Lgs. n. 81/2008, a cura di G. SANTORO PASSARELLI, IPSOA, 2008, 21; G. BUBOLA, P. DE VITA, Volontariato e lavori socialmente utili, Il Testo Unico della salute e sicurezza sul lavoro, (a cura di TIRABOSCHI e FANTINI), cit., 387. In particular, Legislative Decree n. 81/2008 includes also associate workers (even de facto), of cooperatives or companies, associate partners ex artt. 2549 c.c. and ff., trainees foreseen by specific regional laws - aimed at realizing a work-related learning or at making the choice of a job easier by means of a direct knowledge of the world of work -, other individuals following an educational or professional path and, finally, people involved in community service. 33() Law n. 123/2007,art. 2, par. 1, lett. c) states that the Decree “applies to all workers, self-employed or otherwise, as well as to equated subjects” (art. 3, par. 4). About the extension of the protection provided by Legislative Decree n. 626/1994 to subjects other than employed workers as, for example, people who, for different reasons, find themselves in the workplace, see: . M. LEPORE, Manuale di diritto della sicurezza del lavoro, cit., 69; for case law see: Cass. pen., sez. IV, 17 November 2009, 43966, in ASL, 2010, n. 2, 135.

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The definition provided by the Italian Legislator in 2008 appears even wider than the one provided

at a EU level (this last one making reference to “any person hired by an employer” and therefore

essentially concerning employees) and enables to define as “workers” all individuals functionally

involved in the organization of the working activity by the employer, whatever the aims of the latter

(34).

With reference to this issue, the 2008 Decree and its later amendments codified a trend already

supported by court decisions when Legislative Decree n. 626/1994 was still in force, this last one

considering “workers” all individuals working as employees (art. 2094 c.c) (35) .

In short, the amended version of the 2008 Decree is characterized by the importance given to the

concrete relationship between worker and employer, which is independent from its formal

definition (“worker” is a person performing a working activity in the framework of the employer’s

organization, both in the private and in the public sector (36), “with no reference to the kind of

contract signed”) (37).

Labor Law literature considers that the inspiration of the rule is the general principle of

effectiveness, "on the assumption that the health and safety obligation is imposed upon the person

that benefits in concrete of the work" (38).

As Labor Law scholars have observed, the Legislator, having received a mandate from Parliament,

could - on the basis of the parliamentary decree -, foresee specific rules for non-standard forms of

work (39).

In this regard, we have to favorably consider the additions to art. 28 of Legislative Decree n. 106

2009 whereas it now states that, in writing the Document on the Assessment of Risks, also the risks

related or linked to the specific “type of contract” have to be considered. Evaluation, and even more

34() In this sense see again PASCUCCI, 3 agosto 2007-3 agosto 2009, Due anni di attività legislativa per la salute e sicurezza dei lavoratori, Fano, 2011, 40.35()See: VENTURI, Lavoratore: definizione e obblighi, in TIRABOSCHI E FANTINI(a cura di), Il Testo Unico della salute e sicurezza sul lavoro, cit., 372. Case law:see . Cass. n. 46515/2004; Cass. n. 478/2002.36() MONDA, Il campo di applicazione oggettivo, in ZOPPOLI, PASCUCCI, NATULLO (a cura di), in “Le nuove regole per la salute e la sicurezza dei lavoratori”, IPSOA, 2010, 9337( ) See. Art. 3, par. 4), Decree 81/ 2008. About this issue see, a LEPORE, Manuale di diritto della sicurezza sul lavoro, cit., 29 ff; TIRABOSCHI, La tutela della salute e sicurezza nei luoghi di lavoro dopo il decreto legislativo n. 106 del 2009: il nuovo Testo unico”, in Il Testo unico della salute e sicurezza sul lavoro dopo il correttivo cit., 2 ss. 38() BIAGI, TIRABOSCHI, Lavoro atipico: profili qualificatori e intensità dell’obbligo di sicurezza, DRI, 1999; 1: 5939() In this sense see again PASCUCCI, 3 agosto 2007-3 agosto 2009, cit., 53. M. TIRABOSCHI, Campo di applicazione e tipologie contrattuali, Commentario al T.U., cit., 139

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prevention, have to be adapted and enforced taking into account the specific features of the different

types of contract.

d) Recent changes to the rules on health and safety at work and non-standard work.

After a long parliamentary procedure, Decree n. 69 dated 22 June 2013, (40) (“decreto del fare”)

was adopted and then turned into Law no. 98 dated 9 August 2013(41). The inspiration was given

by the fact that the legislative corpus on OSH is increasingly difficult to apply, especially within

the SME in the era of the economic crisis. In 2012 and 2013 Governments therefore applied for

simplification rules, also inspired by European initiatives.

These simplification proposals consist in the elimination of formal activities and foresee as well

forms of telematics communication, in order to make it possible for employers – both in the

private and public sector – to concentrate attention, resources and activities on the fulfillments

necessary to achieve and maintain the levels of health and safety protection that international

law as well as Italian law impose.

These rules have considerably modified Legislative Decree n. 81/2008 with reference to the

issues analyzed in this paper:

1) Simplification for short-term jobs: Simplification measures of the fulfillments

concerning health information, training and monitoring, applicable to periods of less-

than 50 days of work in the enterprise per solar year, have been introduced. The aim

is to take into account, by means of adequate certificates, the obligations fulfilled by

the employer considered, or by other employers, during the solar year. These

simplifications, according to art. 3, sub. 13-bis of Legislative Decree n. 81/2008, will

be defined by an interministerial Decree, which is still to be issued.

2) Simplification for temporary and seasonal workers. A new subsection (sub. 13-ter)

has been added to art. 3 of Legislative Decree n. 81/2008. It states that, with reference

to factory farms, new simplification measures of the obligations related to health

information, training, evaluation of risks and monitoring will be defined by a specific

decree, with particular reference to temporary and seasonal workers and to small

businesses.

3. The European Directive on health and safety in flexible employment.40() In Gazzetta Ufficiale, Serie generale, 21 June 2013, n. 144, Supplemento ordinario n. 50.41() In Gazzetta Ufficiale, Serie Generale, 20 August 2013, n. 194, Supplemento ordinario n. 63.

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Before dealing with the topic of health and safety in the workplace, with particular attention to

flexible forms of employment, it is necessary to briefly remind of the changes introduced by the EU

Legislator, as part of the Italian legislation to be examined (supply contracts and fixed-term

contracts) derives from the European legislation.

In fact, in the context we have just described, the specific European rules for the protection of

workers on fixed-term contracts and temporary workers employed by the agency are particularly

relevant.

The European Union Legislator of the late‘80s, encouraged by researches that showed exposure to

increased risk of accidents and occupational diseases of workers hired through an agency, as well as

through fixed-term contracts, has adopted Directive n. 383 dated 25 June 1991.

This Directive was adopted as "complementary and particular" (fourth Considerando), i.e. as an

integrative system of the one foreseen for permanent full-time workers, regulated by the Framework

Directive n. 89/391/EC (42) and its "daughters" directives adopted ex Article 16 of the same.

Through this apparatus the Community Legislator aimed at providing workers employed under the

two types of contracts with the same level of protection of workers permanently hired by the

company (the user in case of agency work). The Legislator also aimed at avoiding the use of these

forms of work to justify a different treatment with reference to the protection of health and safety in

the workplace, especially when it came to personal work equipment (art. 2).

4. Promotion of health and safety at work : The prohibitions on the use of flexible forms of work in the absence of risk assessment in the company

Important and specific rules in the matter of health and safety in the workplace – which are foreseen

only for some types of contracts (on-call contracts, fixed-term contracts and supply contracts) -,

impose peremptory prohibitions on the use of these flexible forms of work, in the absence of the

most important document for this matter: the assessment of the risks.. Therefore, the Italian system

foresees specific prohibitions with reference to the possibility to establish terms to employment

contracts (art. 18 d) and to use supply contracts (art. 30 d) for employers who have not carried out

the evaluation of risks according to art. 28 and ff. of Legislative Decree 81/2008 and later

amendments.

The aim is to provide a safe place to work, where the standards to protect the health and safety of

workers are applied.

42() Gazzetta Ufficiale Comunità Europea n. 183, 29 June 1989.

11

The Italian Supreme Court (43) has established that, as far as fixed-term contracts are concerned, in

case of breach of this rule, the judge can dispose the transformation of a fixed-term contract into an

open-ended contract.

5. Preventive aspects on fixed term contracts. The transposition of Directive n. 91/383/EEC regarding fixed-term contracts was made through

Legislative Decree n. 242 dated 19 March 1996, which amends Legislative Decree n. 626 19

September 1994. Now, as above mentioned, Decree n. 81/2008 foresees a general rule according to

which the rules of that decree must be applied to all employees, as no specific regulation for fixed-

term contracts is provided.

We have seen, however, that the European Legislator, more careful to the risks of workers

temporarily inserted in a company (considerando IV, Directive n. 91/383/EEC), has requested

safety and health "special additional rules" for fixed-term workers.

An author (44) very interested in the problems of health and safety of non-standard workers argued

that Directive n. 91/383/EEC, as it regards the employment contract for a specified period of time,

is still awaiting effective implementation. According to this author, it can be said that the

transposition of the directive has taken place only from a formal point of view and the situation

could be said to be only partially changed as a result of the reform of the regulation of fixed-term

contract brought by Legislative Decree n. 368 dated 6 September 2001 , which devotes the first

paragraph of Article 7 to the training of workers for the prevention of work-related risks.

With reference to the training, as above mentioned, it can be assumed that Legislative Decree n. 368

dated 6 September 2001, has properly transposed Directive n. 91/383/EC. Thus, Article 7,

paragraph 1, taking the provisions of Article 4 of the Directive provides that "a worker employed

under fixed-term contract must receive adequate and appropriate training to the characteristics of

the tasks of the contract, in order to prevent specific risks associated with the execution of the

work". The Labor Law Literature (45) believes, therefore, that the worker who is hired out under the

training aspect is sufficiently protected by the "joint work" of Article 7 of Legislative Decree n. 368

dated 6 September 2001 , and the general regulations regarding health and safety of workers

(Legislative Decree n. 81 dated 9 April 2008 and subsequent amendments and additions) and the

43() Corte di Cass., sez. lav., 2 April 2012, n. 5241 44() TIRABOSCHI, Salute e sicurezza dei lavoratori temporanei: l’anomalia del caso italiano. DPL 1997; 128445() TIRABOSCHI, Articolo 7. Formazione. BIAGI, Il nuovo lavoro a termine. Commentario al D. Lgs. n. 368/01. Giuffrè, Milano, 2002.

12

general principle of equal treatment embodied in Article 6, Legislative Decree n. 368 dated 6

September 2001.

However, it is necessary to specify that the scheme of the above mentioned Legislative Decree n.

158, does not foresee anymore, as far as the rules on fixed-term contracts are concerned (art. 17-27),

a training “sufficient” and “adequate” to the characters of the contract’s tasks, aimed at preventing

the specific risks linked to the execution of the work. With reference to the worker’s information,

we have to refer to the general Article 36, Legislative Decree n. 81 dated 9 April 2008. The decree

requires that the information must be "adequate" and addressed to "each worker." This means that

the employer must relate the information to any work situation (individual or group of workers),

also the fixed-term workers.

Article 36, paragraph 2, letter a), Legislative Decree n. 81 dated 9 April 2008 also provides that the

employer shall ensure that each worker receives adequate information on the specific risks to which

he/she is exposed in connection to the activity, as Article 3, Directive n. 91/383/EC says. This rule

states that "without prejudice to Article 10 of Directive n. 89/391/EEC, Member States shall take

the necessary steps to ensure that: 1.before a worker with an employment relationship as referred to

in Article 1 takes up any activity, he/she is informed by the undertaking and/or establishment

making use of his services of the risks which he faces such information: -covers, in particular, any

special occupational qualifications or skills or special medical surveillance required, as defined in

national legislation, and -states clearly any increased specific risks, as defined in national

legislation, that the job may entail”.

The Legislator, however, did not follow entirely the provisions of the Article of the last mentioned

Directive, laying down specific rules on information about "the need for special occupational

qualifications or skills or special medical surveillance”.

Even for the medical surveillance we have to refer to the general rules set out in Art. 38 of

Legislative Decree n. 81 dated 9 April 2008, when workers are hired and require medical

surveillance. However, there is no special rule governing the institution of “special” medical

surveillance in the legislative decree governing the fixed-term contract. It lacks the special character

of the health surveillance which the European Legislator seems to have wanted to give by using the

name of "special medical surveillance" (art. 5 Directive n. 91/383/EEC).

6. Protection of health and safety in temporary agency work. Legislative Decree n. 276 dated 10 September 2003 has introduced the concept of

“somministrazione di lavoro”, i.e. temporary agency work ( artt. 20-28), reformulating in terms of

flexibility the previous “lavoro temporaneo”, through the repeal of Articles 1-11 of Law n.

13

196/1997, as well as of the historic Law n. 1369/1960, which imposed a ban on labor brokering.

The Legislator has provided a detailed set of rules to adjust the particular structure of the trilateral

relationship, consisting of agency, user firm and worker. These rules can be considered as a

continuation of the health and safety rules scheduled for temporary work, governed by Directive n.

91/383/EC. It is important to underline that holder of the employment relationship is the agency ,

but the user is the one who takes advantage of the work performance.

For this reason specific rules are foreseen from a formal point of view for the employer (the

agency), and for the user.

In this job contract a set of requirements should be given, including the presence of "potential risks

to the integrity and health of the worker and the preventive measures" (art. 21, paragraph 1, lett. d).

If the contract is not written, it is considered null and void and workers are considered employed by

the user (art. 21, paragraph 4).

The goal is to bring to the attention of the agency the activity and the risks which will set out its

employee. After the changes made by Legislative Decree n. 24 dated 2 March 2012, the provisions

about information on temporary contract, including those relating to the safety requirements

imposed on the user, must be notified in writing also to the employee as required by Article 7 of

Directive n. 91/383/EC.

Core of the law on health and safety in employment agency regards the ownership of the health and

safety bond to be shared between agency and user.

As above mentioned, this relationship is characterized by a complex employer’s figure, composed

of staff agency, which is the employer from the formal point of view and the user, who is not tied to

the worker, but has some obligations towards the same.

The employees are thus protected to the best in the exercise of their work and are guaranteed the

same protection of workers employed permanently by the user. By means of the general principle of

equal treatment between permanent workers and temporary workers laid down in art. 23, paragraph

1, and art. 24, Legislative Decree n. 276 dated 10 September 2003, the Legislator has provided a

system in which the agency is entitled to the obligations of a general nature and the user to specific

ones.

Article 3, paragraph 5, of Legislative Decree n. 81 dated 9 April 2008, provides that "except as

specifically provided in paragraph 5 of Article 23 of Legislative Decree n. 276 dated 10 September

2003 , all the obligations of prevention and protection are the user’s responsibility".

This configuration confirms the Legislator’s will to identify the user as employer from the point of

view of the prevention of risks in the workplace. However, scholars have argued that, ex Legislative

Decree n. 81/2008, the employer still plays a role, at least in the phase preceding the beginning of

14

the working activity in the user’s enterprise (e.g. suitability test, even though this test should be

done, de iure, by the competent physician) (46).

However, art. 23, paragraph 5, of Legislative Decree n. 276 dated 10 September 2003provides that

"the staff agency informs the employees about the risks on health and safety associated with

production activities in general and trains them to the use of work equipment necessary to perform

the work for which they are taken in accordance with the general OSH provisions”.

The temporary work contract may provide that this requirement is fulfilled by the user, in which

case that fact shall be indicated in the contract with the employee.

Nevertheless, it has to be underlined that the scheme provided by Legislative Decree n. 158 in order

to make temporary agency work more appealing, does not confirm this last rule, which can foresee

that the obligations of information, education and training – very important from the point of view

of safety at work and also confirmed by art. 33, par. 4 of the scheme – have to be fulfilled by the

user.

In the event that the duties for which the employee is used require special medical surveillance, or

involve special risks, the user shall notify the employee in accordance with the general OSH

provisions.

The user has also the duty - in relation to the worker - to guarantee all the protection requirements

laid down with respect of his/her employees and is responsible for the violation of the safety

requirements as provided by the law and by collective bargaining".

The Labor Law literature has raised doubts about the choice of the Legislator to have given to the

agency the duty of training with respect to the equipment that will be used for the execution of

assigned tasks (47).

According to Article 23, paragraph 5, first sentence, of Legislative Decree n. 276 dated 10

September 2003, the staff agency has the duty to inform in general workers of the risks for safety

and health related to productive activities and is obliged to train workers to use work equipment

necessary for the performance of work for which they are taken, in accordance with the provisions

contained in Legislative Decree n. 81 dated 9 April 2008 and subsequent amendments.

As already seen, the law states that the staff agency contract may provide that "this obligation is

fulfilled by the user". In this case, however, it must be stated in the individual work contract.

The requirement for general information remains in the hands of the agency, in accordance with the

provisions of the European Community Legislator. Article 7 of Directive n. 91/383states , in fact,

that the supplying agency, duly informed by the user about the professional title and the

46() PASCUCCI, 3 agosto 2007 – 3 agosto 2009, cit., 58.47() BIZZARRO, Il lavoratore in somministrazione. TIRABOSCHI, FANTINI, Il Testo Unico della salute e sicurezza sul lavoro. Giuffré, Milano, 2008, 178.

15

characteristics of the workplace, is the one who has to inform the employees before they carry on

their business.

The agency, thus, could play one of its typical functions, namely that of finding on the market

already qualified workers to successively supply them to the user’s undertaking in order to place

them immediately in the production cycle. Only when the user deems most useful, for reasons of

speed (e.g., for the need to demonstrate the operation of machinery in the place where they are

located) or safety (e.g. for the use of particularly dangerous instruments), to act directly on the

education and training of workers, it would be possible, through a proxy included in the leasing

contract, to provide that the obligation at hand is fulfilled by the user himself (48).

The user is, however, expressly obliged to inform employees, pursuant to Legislative Decree n. 81

dated 9 April 2008, in case the duties for which the employee is used require special medical

surveillance or involve specific risks. It also required to observe "all the requirements for protection

provided for in respect of its staff and is responsible for the violation of the safety requirements

stipulated by the law and collective agreements" (art. 23, paragraph 5, third and fourth period).

With particular reference to training, it is necessary to refer to art. 37, par. 4 of Decree n. 81/2008

which foresees that education and training (whereas stated) must be provided “from the beginning

of utilization in case of temporary agency work”. The duty to train on the use of working equipment

falls, according to the law, on the agency, unless differently stated in the contract, and “it appears

problematic to fulfill this duty in a moment in which the worker is already inserted in the user’s

organization” (49).

The cited provisions show the obligation of the user to provide medical surveillance for workers

who are sent on a mission by the agency, when they are employed in workplaces particularly risky

for their physical safety (50).

Nevertheless, some scholars admit the intervention of agencies with reference to medical

surveillance, especially in case of the verification of the suitability of temporary workers before the

beginning of their activity in the workplace (51).

48() NICCOLAI, Lavoro temporaneo e autonomia private. Giappichelli Editore, Torino, 200349() Vedi FANTINI-GIULIANI, Salute e sicurezza nei luoghi di lavoro, 2014, Giuffré; M. LEPORE, Manuale di diritto della sicurezza sul lavoro, cit., 61. According to the Italian Supreme Court (Cass.pen., sez. IV, 5 July 2010, n. 25553, in ISL, 2010, n. 10, 543), information provided only orally by the user to the worker, without the dossier usually delivered to the employees, have to be considered insufficient. 50() See Circolare n. 7 dated 22 February 2005 of the Ministry of Labor. It states that obligations related to medical surveillance – both preventive and periodic – have to be fulfilled by the user’s enterprise on the basis of the assumption that it has, towards temporary workers, the same protection and safety obligations that the law or the collective agreements foresee for its employees.

16

However, in order to better protect and guarantee the worker, part of the Labor Law Literature (13 52) is led to believe that medical surveillance should be guaranteed by the collaboration between the

agency’s and the user’s competent physicians (without this, however, engineers lack of information)

being the two doctors called out to everyone in the health work and time they deserve. In this case,

the competent doctor appointed by the giver is entitled to preventive medical examinations (pre-hire

visits), in order to ascertain the suitability of the employee to perform the tasks requested by the

user without risking his/her safety. The task of the physician in charge of the user, however, is to

verify the suitability of the worker from the beginning of the work performance throughout the

period in which he/she remains at the user’s firm (so-called periodic visits).

It must be considered, among other things, that the health control in the framework of flexible work

takes the name of "special medical surveillance". The word "special" is found in the very Directive

n. 91/383/EEC pursuant to Article 5 and seems to want to give a more specific content than the

mandatory "health medical surveillance" requested in the cases provided for by general legislation

on safety and health of workers (articles 38 and ff. Legislative Decree n. 81 dated 9 April 2008).

The Legislator however, has not given any specific definition, so, one still has to refer to the

definition given by the doctrine that "special medical surveillance" is"the complex of investigations

specifically prescribed for each occupation dangerous or noxious agents, such as lead, asbestos and

noise in accordance with legislative Decree n. 277 dated 15 August 1991 for the display screen,

carcinogens, chemical and biological agents, pursuant to Legislative Decree n. 81 dated 9 April

2008 (53).

Furthermore, it should be noted, that Article 5, 3rd par. of the Directive n. 91/383, which proposes

the extension of health surveillance over the term of their employment, has not been implemented

by the Italian Legislator.

This measure would allow all workers on a mission to a user, to prevent the so-called "Diseases of

the future", i.e. those diseases that occur after long periods of time. Another relevant provision for

the principle of equal treatment between agency workers and workers permanently employed by the

user, concerns Article 22, paragraph 5, of Legislative Decree n. 276 dated 10 September 2003,

according to which those who work on the staff of the user are calculated for the purposes of law or

51() See LAI, Flessibilità e sicurezza del lavoro, Giappichelli, 2006, 176; On the contrary, SOPRANI, Somministrazione di lavoro e tutela prevenzionistica, in ISL, 2004, n. 14, 995) thinks that, according to a particular interpretation of art. 21, par. 1, lett. d), this very obligation has to be fulfilled by the agency. 52() DEL FORNO, Sicurezza e sorveglianza sanitaria nel lavoro interinale. RivistAmbiente 2002; 2: 239-242.53() DEL FORNO, Sicurezza e sorveglianza sanitaria nel lavoro interinale. RivistAmbiente 2002; 2:

239-242. 17

collective bargaining matters relating to hygiene and safety at work. The forecast is easily justified

as workers employed under temporary contracts, and user’s employees carry out the work in the

same environment and develop a common interest in terms of safety and health at work.

With reference to the temporary agency work, the risks assessment (“valutazione dei rischi”), one of

the most important general measures required by health and safety law, "assumes the entire system

of prevention" (54), seems to have to be done by the user, which is required to fill (and keep) the

related document. The reason for this lies in the fact that the employee carries out his/her activities

in the environment and also in that the latter, and is subject to his power of direction and control.

Through the analysis of health and safety standards in temporary-agency work, it can be said that

Legislative Decree n. 276 dated 10 September 2003 has built a system of rules specific and

appropriate to the peculiarities of the above mentioned trilateral relationship, keeping some general

obligations for the agency, but equating the user, in terms of the obligations of security, to the figure

of the employer work which are normally imposed obligations prescribed by the regulations

preventative general, Legislative Decree n. 81/2008 and subsequent amendments and integrations.

In conclusion, it must be underlined that neither Legislative Decree 276/2003, nor the Legislative

Decree Draft n. 158/2015 have adopted the limits originally stated by Law n. 196/1997, which

foresaw the prohibition of the use of temporary agency work in case of dangerous activities, as

stated by Directive 91/393/CE (55).

7. Health and safety on apprenticeship job contract.In Italy the apprenticeship contract was reformed by Legislative Decree n. 167 dated 14 September

2011, that has reformulated the discipline.

There are different types of training: the training for the qualification and the professional degree;

the professional apprenticeship contract; apprenticeship of higher education and research;

apprenticeship for workers who lost the job. The first and the third type are closely related to the

sphere of education, whereas the second is loose, as much as the fourth.

Legislative Decree n. 167 dated 14 September 2011 (as well as Legislative Decree n. 276 dated 10

September 2003 which has innovated the discipline), does not expressly provide rules on prevention

in the workplace. Neither does the Legislative Decree Draft n. 158.

However, from the definition of "worker " provided by Legislative Decree n. 81 dated 9 April 2008,

as a "person who, regardless of the type of contract, has a job within the organization of a public or

54()LAI, La sicurezza del lavoro tra legge e contrattazione collettiva. Giappichelli Editore, Torino, 2002, 176.55() BONARDI, Art. 3, in MONTUSCHI (diretto da), La nuova sicurezza sul Lavoro-Principi comuni, Zanichelli, 2011, 70. SALITURO, I lavoratori in somministrazione, in PERSIANI-LEPORE, Il nuovo diritto della sicurezza sul lavoro, UTET, 2012, 65.

18

private employer, with or without subordination, but only in order to learn a craft, an art or a

profession", it is clear that the whole health and safety matter contained in the above mentioned

Legislative Decree applies to the employee's apprentice.

Case law has intervened to point out, however, that the preventative obligations against the

employer of the apprentice shall, in relation to information and training, be more stringent, given

the inexperience of the young worker (56). In fact, OSHA expressly states that “young people should

be given safe and healthy jobs that are within their capabilities. They require proper training and

supervision. They need to be actively engaged if they are to take on board the safety culture of their

workplace and cooperate on OSH matters; it is not enough to simply provide them with a handbook

of safety rules” (57).

A skills’ coordinator could contribute to supervision. Every three months, a progress review, during

which the apprentice’s performance is evaluated, gives the skills’ coordinator an opportunity to

capture the apprentice’s views on OSH. The apprentices, whether they are following a management

or a technical path, could be engaged in the safety culture of the organization (58).

8. Conclusions.The Legislator has over the years taken careful steps to develop prevention in the workplace for

workers employed with non-standard forms of work. An approach to identify and anticipate

emerging risks related to non-standard forms of work is always necessary.

Nevertheless, it seems that the Legislator has not been able to take this opportunity to introduce

adequate protection to respond in a "differential" way to the different needs that each type of

flexible contract raises, not taking into account also atypical or non-standard models of employment

for an indefinite period .

56() LAI, La sicurezza del lavoro nelle nuove tipologie contrattuali. DPL 2003; 36: 2428; DE MARCO, La responsabilità del datore di lavoro per il danno da infortunio subito dall’apprendista, nota a Cass. Sez. Lav. 18 maggio 2007 n. 11622. RIDL 2008; 1: 100–104.57() OSHA, E-Facts n. 78- Involving young workers in OSH, 2013, https://osha.europa.eu/en/publications/e-facts/e-fact-78-involving-young-workers-in-osh; see also European Agency for Safety and Health at Work, A safe start for young workers in practice, Office for Official Publications of the European Communities, Luxembourg, 2007. Available at: http://osha.europa.eu/en/publications/reports/GPB06/view 58() OSHA, E-Facts n. 78- Involving young workers in OSH, 2013, https://osha.europa.eu/en/publications/e-facts/e-fact-78-involving-young-workers-in-osh; see also European Agency for Safety and Health at Work, A safe start for young workers in practice, Office for Official Publications of the European Communities, Luxembourg, 2007. Available at: http://osha.europa.eu/en/publications/reports/GPB06/view

19

In this regard, it has been noted that the institution of the medical surveillance deserves an

appropriate definition, able to give specific content to the adjective "special", by which it is

connoted.

In this perspective, there is no doubt that Legislative Decree n. 276 dated10 September 2003, has

the merit of having taken an important step in extending the protections to new forms of work and

groups of workers that had not fully enjoyed the general rules.

Nevertheless, the mere reference to the application of general provisions is not enough to ensure

effective protection of workers "temporary involved" in the enterprise, as demonstrated with

reference to the fixed-term contract, while a specific discipline to protect workers is necessary for

each type of contract..

Those facts are not taken into account by the Decree Draft n. 158/2015 which, actually, does not

recall the content of Legislative Decree 368/2001 on the training of fixed- term contract workers. In

so doing, it leaves a gap in the legal system.

In other words, the assignment of effective safeguards - and not merely formal - outside of which

they have traditionally been charged cannot be derived only from the simple application of the rule

of equal treatment as it is already adequately supported, having precisely consider the additional

risks and specific risks, just to the nature and structure of the employment relationship to protect.

The Legislator has extended the legal protection to the flexible employment contracts, but the

reference to the “general” legal protection is not enough for a real protection of the occasional

worker, as he/she needs a specific protection.  The result of this research pointed out that the

Legislator should have considered the differences between flexible employment contracts and

permanent contract, providing, e.g., a definition of “specific medical surveillance” for temporary

employment relationship.

In conclusion, rules, procedures and sanctions are necessary tools but, in order to effectively limit

work related injuries and occupational diseases, they have to be applied in an environment with an

adequate safety at work “culture”. In particular, specific rules have to be foreseen in order to protect

the most vulnerable brackets of workers, identified as Priority Groups, who are often hired by

means of flexible types of employment.

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40. TIRABOSCHI, Campo di applicazione e tipologie contrattuali, in TIRABOSCHI - FANTINI (a cura di), Il testo unico della salute e sicurezza sul lavoro dopo il correttivo (d.lgs. n. 106/2009), Giuffré, 2009, 139.

41. TIRABOSCHI, La tutela della salute e sicurezza nei luoghi di lavoro dopo il decreto legislativo n. 106 del 2009: il nuovo Testo unico”, in TIRABOSCHI - FANTINI (a cura di), Il Testo unico della salute e sicurezza sul lavoro dopo il correttivo, Giuffré, 2009, 2 ss

42. TROJSI, La potestà legislativa dello Stato e delle Regioni, in ZOPPOLI, PASCUCCI, NATULLO (a cura di), Le nuove regole per la salute e sicurezza dei lavoratori, 2010, 15 ss.

43. VENTURI, Lavoratore: definizione e obblighi, in TIRABOSCHI - FANTINI (a cura di), Il Testo Unico della salute e sicurezza sul lavoro, Giuffré, 2008, 372

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44. ZOPPOLI, Art. 1, in L. ZOPPOLI, P. PASCUCCI, G. NATULLO (a cura di), Le nuove regole per la salute e sicurezza dei lavoratori, 2010, 7.

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