Roma, 19 ottobre 2021 – Lo scorso 14 ottobre, l’Ispettorato Nazionale del Lavoro ha emanato un regolamento per la disciplina delle verifiche e degli adempimenti indicati dalle norme in premessa, al fine di assicurare lo svolgimento in sicurezza del lavoro.
Il suddetto regolamento è volto a disciplinare le modalità operative per le verifiche e gli adempimenti delineati dal d.l. del 21 settembre 2021 n. 127, e si applica a tutto il personale dell’Ispettorato nazionale del lavoro, ivi compreso quello appartenente all’Arma dei Carabinieri e a tutti i soggetti che svolgono a qualsiasi titolo la propria attività lavorativa, di formazione o volontariato presso gli uffici dell’Amministrazione, anche sulla base di contratti esterni.
Si decreta che a decorrere dal 15 ottobre 2021 e fino alla data del 31 dicembre 2021, termine di cessazione dello stato di emergenza, il personale dipendente e tutti coloro che svolgono, a qualsiasi titolo, la propria attività lavorativa, di formazione o volontariato presso l’Amministrazione, anche sulla base di contratti esterni, hanno l’obbligo, ai fini dell’accesso presso i locali, di possedere e di esibire, su richiesta, la certificazione verde Covid-19 di cui all’art. 9, comma 2, del d.l. 22 aprile 2021, n. 52 convertito con modificazione dalla l. 17 giugno 2021, n. 87.
Sono esclusi dall’obbligo della certificazione i soggetti esenti dalla campagna vaccinale sulla base di idonea certificazione medica rilasciata secondo i criteri definiti con circolare del Ministero della salute. Sono altresì esenti dal possesso della certificazione gli utenti, ovvero coloro i quali si recano presso i locali dell’Amministrazione per l’erogazione dei servizi.
Quanto ai controlli, per la sede centrale e per le sedi di Milano, Roma e Napoli la verifica circa il possesso della certificazione avviene al momento dell’accesso presso i locali dell’Amministrazione attraverso apposito lettore ottico che ciascun dipendente, anche con qualifica dirigenziale, è tenuto ad utilizzare contestualmente al badge. Fermo restando l’utilizzo del lettore ottico suddetto, i controlli sul possesso della certificazione sono effettuati giornalmente, all’accesso presso i locali dell’Amministrazione, su almeno il 20% del personale in servizio individuato a campione nel rispetto di un principio di rotazione, e sono altresì effettuati mediante l’applicazione “VerificaC19”.
In caso di mancato possesso della certificazione o di rifiuto di esibirla, il controllore comunica l’impossibilità di accedere ai locali dell’Amministrazione, informando i soggetti preposti alla rilevazione delle presenze per gli adempimenti di competenza. Il dipendente è considerato assente ingiustificato fino alla presentazione della certificazione e, comunque, non oltre il 31 dicembre 2021, senza conseguenze disciplinari e con diritto alla conservazione del rapporto di lavoro. Per i giorni di assenza ingiustificata non sono dovuti la retribuzione né altro compenso o emolumento comunque denominati. È considerato assente ingiustificato anche il dipendente che comunichi, senza presentarsi presso i locali dell’Amministrazione, di non essere in possesso del certificato. In caso di lavoro agile il possesso del certificato è verificato al momento della sottoscrizione del relativo accordo nonché ogniqualvolta il lavoratore venga chiamato a rendere la prestazione presso i locali dell’Amministrazione. L’attività di verifica non dovrà comportare la raccolta di dati dell’interessato in qualunque forma, ad eccezione di quelli strettamente necessari, in ambito lavorativo, all’applicazione delle misure derivanti dal mancato possesso della certificazione. Il sistema utilizzato per la verifica del green pass non dovrà conservare il QR code delle certificazioni verdi sottoposte a verifica, né estrarre, consultare, registrare o comunque trattare per altre finalità le informazioni rilevate.
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