TFS | Jarvis Safety at Work: Technical Overview

Introduction

Italian Legislative Decree 81/08 (D.Lgs. 81/08, the Consolidated Law on Occupational Safety — TUS) makes several references to at-risk activities requiring the presence of at least two workers, but does not include a section specifically dedicated to this topic.
The points of the TUS that reference this obligation are:

Article 66 — Work in environments suspected of contamination. “Where there may be doubt as to the hazardousness of the atmosphere, workers must be secured with a safety harness, monitored throughout the duration of the work and, where necessary, provided with protective equipment.”
Annex IV, point 3 — Confined spaces. “Workers performing tasks inside the aforementioned spaces must be assisted by another worker stationed outside, at the access opening.”
Article 145 — Removal of formwork. “The removal of temporary formwork must be carried out with care by workers who have received adequate and task-specific training, under the direct supervision of the site foreman.”
Article 113 — Ladders. “During work on a ladder, a person must continuously monitor the ladder from the ground.”

Within this rather limited regulatory framework, the employer’s obligation to assess all risks potentially present in the workplace, including lone working, nevertheless remains in force.
“Lone workers” are persons who are required to work alone, without direct supervision and without the presence of other individuals nearby who could provide immediate assistance in the event of an accident or incident. A worker who carries out their activity in solitude operates without direct visual or vocal contact with other employees of the organisation, and this condition could affect all categories of workers who, for example, need to continue working beyond normal hours, or in cases where their presence is required during public holidays, evenings or nights.
Lone workers also include those who do not actually work in genuine solitude, but who find themselves in a context that presents communication difficulties, movement constraints or physical impediments, as well as persons who work in remote, hard-to-reach locations, or in unknown or adverse environmental conditions.

Risk Factors

The lack of contact with other workers can increase the risk of injury, particularly in relation to the type of work involved (e.g. night work, repetitive or monotonous work, etc.). This condition of isolation can also be a source of psychological stress (feelings of isolation, fear).
When faced with extraordinary events, persons working “alone” often feel under pressure at a physical, mental and psychological level (lack of assistance, disorientation). In this state of stress, there is a greater risk of making incorrect decisions or improvising.
Working alone therefore increases the likelihood of making errors. Added to these factors is the risk of not receiving timely assistance in the event of an accident or sudden illness.
Companies employing lone workers must therefore adopt adequate measures, in compliance with the following principles:

only suitable individuals (physically, mentally and psychologically fit) should be assigned to lone working posts
persons required to work alone must receive specific instruction and training
employees assigned to lone working posts must be able to raise the alarm at any time in the event of an emergency
timely assistance must be guaranteed for lone workers in the event of an accident or critical situation
in the case of hazardous work, a remote monitoring or control system must be in place.

It is therefore essential for companies that the condition of lone working is analysed by the Employer in the Risk Assessment Document (DVR). Prevention, protection and control measures must be defined in accordance with the priorities established in Article 15 of Italian Legislative Decree 81/2008 (D.Lgs. 81/08) — “General protection measures” — according to the following principles:

limit activities involving lone workers
establish procedures for monitoring the work environments where lone workers operate
limit the number of workers exposed to the risks arising from lone working, defining the health fitness and training requirements
use techniques and devices for the remote monitoring and rescue of lone workers (e.g. man-down detection devices).

In the case of lone workers, the primary risk factor (to be assessed and for which prevention and protection measures and procedures must be adopted) relates to the organisation of rescue operations in the event of sudden illness or injury to the worker. In such circumstances, the additional risk factors are as follows:

inability or limited capacity, on the part of the worker, to alert emergency services outside the workplace;
difficulty or inability on the part of emergency responders, if and when alerted, to access the location where intervention is required;
additional difficulty in precisely identifying, once inside, the exact point of intervention in complex situations.

These additional risk factors inevitably result in delays in emergency response, with potentially fatal consequences.
By definition, the “lone worker” is not subject to supervision or interaction with others. Since the specific risk may arise from this very condition, wherever possible it is advisable to systematically and preventively reduce lone working situations through an ad hoc strategy, clearly proportionate to the task and to the identified risks.

Working Alone and Specific Training

Persons who work alone must be thoroughly familiar with the workplace in which they operate, and with the machinery, tools and work equipment.
It is therefore important that the worker has received, in addition to the training already required by law, specific training covering:

information on the monitoring system in use (also for privacy reasons)
instruction on tasks that mandatorily require the presence of a second person (e.g. work in confined spaces or on ladders)
instruction on tasks for which a specialist must be involved (e.g. a maintenance technician).

Training must also cover the most important elements relating to emergency management, including knowledge of:

emergency plan
evacuation plan and escape routes
acoustic alarm system
visual alarm system
emergency call procedures
emergency management in specific situations (e.g. power outage, flooding, etc., in relation to the state of the premises).

As always, training must be documented and work instructions must be in written form. It is also advisable to periodically verify its effectiveness, i.e. to check the conduct and knowledge of lone workers. The extent and frequency of these checks depend on the type of work, its complexity and the state of the premises.

Devices with Man-Down and Motionlessness Detection Functionality

Devices with man-down and motionlessness detection functionality can be ideal safety solutions for lone workers. A man-down detection device must be capable of automatically sending an alert whenever the worker is in a horizontal position or in a state of non-movement for longer than a pre-set time.
In the event of the operator remaining in a horizontal position or in a state of prolonged immobility, the rescuer is notified, for example, via a GSM telephone call, an SMS or via a web call to a company alarm management system. All three alarm communication channels can be activated simultaneously (see also GPS for location tracking).
The man-down functionality makes it possible to monitor the worker’s posture, transmitting an alert in the event of loss of verticality. Devices can communicate alert signals via GSM/Wi-Fi/GPS. This makes it possible to continuously supervise and locate workers and receive notifications in the event of danger.
The man-down functionality allows the system to verify that the worker is in a vertical rather than horizontal/immobile position, thus ensuring that the person to be protected is not in a dangerous situation.
The man-down device (also referred to as a “dead man’s switch”) manages the receipt and activation of the intervention chain in the event of sudden illness or emergency. It is necessary for the company to designate a person or team responsible for managing these alerts.

Privacy and Geolocation Systems

In anticipation of the use of such devices for lone worker management, formalisation measures must be adopted for the use of geolocation technology:

Formalise a usage agreement with the Trade Union or other competent Authorities
Formalise an internal company privacy policy (Italian Legislative Decree No. 196 of 2003 — Privacy Code) governing the use of geolocation systems and the processing of the related data.

Man-Down Devices and EU Regulation 2016/425 on PPE

Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment, repealing Council Directive 89/686/EEC.
Man-down/motionlessness detection devices do not fall within the scope of Personal Protective Equipment (PPE) as defined by Regulation (EU) 2016/425:
It applies to Personal Protective Equipment (PPE) defined as:
a) equipment designed and manufactured to be worn or held by a person for protection against one or more risks to that person’s health or safety;

b) interchangeable components for equipment referred to in point (a), which are essential for its protective function.

Regulatory Framework

Italian Legislative Decree 81/2008 (D.Lgs. 81/08)

EMERGENCY MANAGEMENT

Art. 43 — General provisions

For the purposes of the obligations referred to in Article 18, paragraph 1, letter t), the employer:
1. organises the necessary contacts with the competent public services for first aid, rescue, fire-fighting and emergency management;
1. designates in advance the workers referred to in Article 18, paragraph 1, letter b);
1. informs all workers who may be exposed to a serious and immediate risk about the measures in place and the conduct to be adopted;
1. plans interventions, takes measures and gives instructions so that workers, in the event of a serious and immediate risk that cannot be avoided, can cease their activity or get to safety, immediately leaving the workplace;
1. takes the necessary measures to ensure that any worker, in the event of serious and immediate danger to their own safety or that of other persons and in the impossibility of contacting the competent hierarchical superior, can take appropriate measures to avoid the consequences of such danger, having regard to their knowledge and the technical means available.
1. ensures the availability of fire extinguishing equipment appropriate to the class of fire and the level of risk present in the workplace, also taking into account the particular conditions in which they may be used. This obligation also applies to fixed fire extinguishing systems, whether manual or automatic, identified on the basis of the risk assessment.
For the purposes of the designations referred to in paragraph 1, letter b), the employer takes into account the size of the company and the specific risks of the company or production unit in accordance with the criteria laid down in the decrees referred to in Article 46.
Workers may not, except for justified reasons, refuse the designation. They must be trained, be present in sufficient numbers and have adequate equipment, taking into account the size and specific risks of the company or production unit. With regard to Defence personnel, specific training carried out at the institutes or schools of the same Administration qualifies as authorisation to perform the function of emergency management officer.
The employer must, except where duly justified, refrain from requiring workers to resume their activity in a work situation where a serious and immediate risk persists.

Art. 45 — First Aid

The employer, taking into account the nature of the activities and the size of the company or production unit, having consulted the occupational physician where one has been appointed, takes the necessary measures in the area of first aid and emergency medical assistance, taking into account any other persons present in the workplace and establishing the necessary contacts with external services, including for the transport of injured workers.
The minimum characteristics of first aid equipment, the requirements for the staff responsible and their training, identified in relation to the nature of the activity, the number of workers employed and the risk factors, are specified by Ministerial Decree 15 July 2003 No. 388 and subsequent ministerial amending decrees, having obtained the opinion of the Standing Conference for relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano.
By means of specific ministerial decrees, having obtained the opinion of the Standing Conference for relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, the methods for applying Ministerial Decree 15 July 2003 No. 388, and subsequent amendments, in the railway sector are defined.

Ministerial Decree 388/2003 (DM 388/2003)

Decree of 15 July 2003 No. 388

Regulation containing provisions on workplace first aid, in implementation of Article 15, paragraph 3, of Italian Legislative Decree 19 September 1994 No. 626, and subsequent amendments.

Art. 2, paragraph 5

In companies or production units that employ workers carrying out their activities in isolated locations, other than the company’s registered office or production unit, the Employer is required to provide them with the first aid kit referred to in Annex 2 of this Decree, and an appropriate means of communication to liaise with the company in order to rapidly activate the Emergency Service of the National Health Service.

INAIL Form OT/23: Lone Working Interventions

The score attributed to equipping lone workers with man-down detection systems is significant: from 20 to 50 points, with a minimum total score of 100 points required to obtain the premium reduction.

The section to be completed relating to the man-down detection system is box E8 “INTERVENTIONS FOR THE PREVENTION OF LONE WORKING RISK“, and the required supporting documentation is:

Purchase invoices or rental agreement for the devices, relating to the year 2019, or
Extract from the DVR (Risk Assessment Document) identifying the roles at risk from lone working.

Night Work Obligations

Night work, which often falls within the scope of “lone working”, is defined within Italian Legislative Decree 66/03 and subsequent amendments (D.Lgs. 66/03 s.m.i.) — Implementation of Directives 93/104/EC and 2000/34/EC concerning certain aspects of the organisation of working time.

Italian Legislative Decree 66/03 and subsequent amendments — Art. 1, paragraph 1

d) “night period”: a period of at least seven consecutive hours including the interval between midnight and 5 a.m.;

e) “night worker”:

1) any worker who during the night period works at least three hours of their normal daily working time;

2) any worker who works during the night period for at least a portion of their working hours as defined by national collective agreements. In the absence of collective bargaining provisions, a night worker is any worker who works at least three hours of night work for a minimum of eighty working days per year; the said minimum threshold is adjusted on a pro-rata basis in the case of part-time work;

Case Law

Italian Court of Cassation, Criminal Section IV, Judgment No. 12775 of 7 December 2000. “In the case at hand, a truck driver, while loading a vehicle belonging to the company to which the waste transport service had been contracted out, having noticed — after loading was complete — that the tarpaulin he was spreading over the cargo bed had become caught on the vehicle’s side panels, had climbed onto the top edge of the cargo bed, placing his foot on the top rung of a ladder with which the vehicle was equipped, and in doing so had lost his balance and fallen from a height of approximately two metres. In upholding the employer’s conviction, Section IV noted as a preliminary matter that accident-prevention regulations are established by the legislature also to guard against the worker’s own imprudence, and it is the employer’s unconditional responsibility to adopt the safety measures required by law or recommended by best practice in the sector (in this case, retaining ropes and safety harnesses). The Court immediately added, however, that ‘this adoption does not and cannot mean that the employer may limit themselves to equipping the worker with such devices, but also means, above all, that the employer must educate the worker to use them and must therefore verify both that the worker is trained/educated to use them and that they are accustomed to doing so, overcoming foreseeable habits of non-compliance’.”

In confirmation of the above, it is worth highlighting what has been expressed in several rulings of the Court of Cassation regarding accidents suffered by workers operating in conditions of night work and/or lone working, or in the event of sudden illness. With regard to the case of a worker who died during cleaning operations inside a silo, during which he was working in an environment completely isolated from the outside — with the exception of the access hatch located at the top of the silo — and without the assistance of a colleague, the Court of Cassation, Criminal Section IV, with Judgment of 4 February 2010 No. 4917, held that “As correctly highlighted by the judges on the merits, the adoption of one of the preventive measures envisaged by the judges themselves (assistance during the cleaning operation by a second worker, alongside the worker or standing at the opening of the silo, or the use by the worker of an alarm device capable of signalling a dangerous or distress situation inside the silo to the outside) would have prevented the event with a high degree of rational credibility, as it would have made timely rescue possible.”

With further reference to the need for the preventive and protective measures adopted by the employer to also take into account exceptional but nonetheless foreseeable events, the Court of Cassation, Criminal Section IV, with Judgment of 6 May 1985 No. 114/86, held that “the provisions enacted for the protection of the worker are intended to safeguard the worker’s physical integrity even in the event that, through fatigue, imprudence, failure to follow instructions, sudden illness or otherwise, the worker has found themselves in a situation of particular danger.”