Al datore di lavoro non si applica la sanzione per violazione obbligo formativo per le attrezzature di lavoro

5 febbraio 2020 – La Regione Friuli Venezia Giulia ha avanzato istanza di interpello per conoscere il parere della Commissione per gli interpelli sulle sanzioni cui incorre il datore di lavoro che sia incaricato all’utilizzo di una attrezzatura per la quale occorre una specifica formazione, informazione e addestramento.
Precisamente, la Regione Friuli Venezia Giulia – partendo dalla circostanza che il d.lgs. n.  81/2008 (art. 69) definisce operatore anche il datore di lavoro che utilizza le attrezzature di lavoro di cui al comma 4 dell’art. 73 e in quanto tale deve essere formato e abilitato al loro utilizzo – chiede se in caso di omessa abilitazione del datore di lavoro all’utilizzo delle attrezzature debba essere ascritta allo stesso la sanzione prevista dal d.lgs. n. 81/2008 (art. 87 – comma 2, lettera c) in relazione ai rischi che come un qualsiasi altro lavoratore potrebbe indurre ai terzi.
In risposta, la Commissione ha ricostruito tutta la normativa applicabile e, pur riconoscendo che il datore di lavoro è ora ricompreso nella nozione di “operatore” prevista dal d.lgs. n. 81/2008 (art. 69) e che dunque è destinatario dell’obbligo informativo di cui all’art. 71, esclude l’applicazione delle sanzioni per la violazione di quest’ultimo articolo.


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