Decreto-legge n.105: stato di emergenza prorogato al 31 dicembre 2021 a cura dell'Ufficio Salute e Sicurezza

Prorogati al 31 dicembre i termini previsti per la sorveglianza sanitaria eccezionale e in materia di disabilità. 

Roma, 27 luglio 2021 – Nella G.U. n.175 del 23 luglio 2021 è stato pubblicato il d.l. n. 105 del 23 luglio 2021 recante ulteriori misure urgenti per fronteggiare l’emergenza epidemiologica da COVID-19 e per l’esercizio in sicurezza di attività sociali ed economiche.
Il provvedimento, in considerazione del rischio sanitario connesso  al  protrarsi della diffusione  del COVID-19, ha prorogato lo stato di emergenza al 31 dicembre 2021. Parallelamente sono stati prorogati al 31 dicembre 2021 i termini previsti da altre disposizioni legislative, tra queste quelle attinenti la sorveglianza sanitaria eccezionale. Pertanto, fino al 31 dicembre 2021, per garantire lo svolgimento in sicurezza delle attività produttive e commerciali in relazione al rischio di contagio da virus SARS-CoV-2, i datori di lavoro pubblici e privati devono assicurare la sorveglianza sanitaria eccezionale dei lavoratori maggiormente esposti a rischio di contagio, in ragione dell’età o della condizione di rischio derivante da immunodepressione, anche da patologia COVID-19, o da esiti di patologie oncologiche o dallo svolgimento di terapie salvavita o comunque da comorbilità che possono caratterizzare una maggiore rischiosità.
Prorogate altresì le misure emergenziali in materia di disabilità.
Precisamente, è stato prorogato fino al 31 dicembre 2021 il termine entro il quale i lavoratori fragili hanno diritto a svolgere la prestazione lavorativa in modalità agile, anche attraverso l’adibizione a diversa mansione ricompresa nella medesima categoria o area di inquadramento, o lo svolgimento di specifiche attività di formazione professionale anche da remoto. È stato precisato che la richiamata disposizione trova applicazione anche per il periodo dal 1° luglio 2021 fino all’entrata in vigore del d.l. n. 105/2021 (cioè il 23 luglio 2021).
Con il provvedimento sono state anche apportate modifiche in ordine ai parametri delle Zone epidemiologiche di rischio Covid-19. Infatti l’incidenza dei contagi resta in vigore ma non sarà più il criterio guida per la scelta delle colorazioni (bianca, gialla, arancione, rossa) delle Regioni. Dall’entrata in vigore del decreto i due parametri principali saranno: il tasso di occupazione dei posti letto in area medica per pazienti affetti da Covid-19; il tasso di occupazione dei posti letto in terapia intensiva per pazienti affetti da Covid-19.
Specifiche disposizioni sono state inserite in merito all’impiego delle certificazioni verdi COVID-19. Nel dettaglio, è stato disposto che dal 6 agosto 2021 sarà consentito in zona bianca esclusivamente ai soggetti muniti di una delle certificazioni verdi COVID-19 l’accesso ai seguenti servizi e attività:

  • servizi di ristorazione svolti da qualsiasi esercizio per il consumo al tavolo, al chiuso;
  • spettacoli aperti al pubblico, eventi e competizioni sportivi;
  • musei, altri istituti e luoghi della cultura e mostre;
  • piscine, centri natatori, palestre, sport di squadra, centri benessere, anche all’interno di strutture ricettive, limitatamente alle attività al chiuso;
  • sagre e fiere, convegni e congressi;
  • centri termali, parchi tematici e di divertimento;
  • centri culturali, centri sociali e ricreativi, limitatamente alle attività al chiuso e con esclusione dei centri educativi per l’infanzia, compresi i centri estivi, e le relative attività di ristorazione;
  • attività di sale gioco, sale scommesse, sale bingo e casinò;
  • concorsi pubblici.

I titolari o i gestori dei servizi e delle attività di cui sopra sono tenuti a verificare che l’accesso avvenga nel rispetto di tale previsione.
La disposizione si applica anche nelle zone gialla, arancione e rossa, laddove i servizi e le attività menzionati siano consentiti alle condizioni previste per le singole zone. È stato però precisato che la medesima disposizione non si applica ai soggetti esclusi per età dalla campagna vaccinale e ai soggetti esenti sulla base di idonea certificazione medica rilasciata secondo i criteri definiti con una circolare del Ministero della Salute.

Per approfondire DL_23_luglio_2021_n_105

 

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