Disposizioni urgenti in materia di termini legislativi, lavoro agile, sorveglianza sanitaria e DPI a cura dell'Ufficio Salute e Sicurezza

Roma, 12 gennaio 2021 – Nella G.U. n. 323 del 31 dicembre 2020 è stato pubblicato il D.L. n. 183 del 31 dicembre 2020 (c.d. decreto Milleproroghe) recante disposizioni urgenti in materia di termini legislativi, di realizzazione di collegamenti digitali, di esecuzione della decisione (UE, EURATOM) 2020/2053 del Consiglio, del 14 dicembre 2020, nonché in materia di recesso del Regno Unito dall’Unione europea.
All’art. 19 (Proroga  dei  termini  correlati   con   lo   stato   di   emergenza epidemiologica da COVID-19) è stata disposta la proroga, fino  alla  data  di  cessazione  dello stato di emergenza epidemiologica da COVID-19 e comunque non oltre il 31 marzo 2021, dei  termini  previsti  dalle  disposizioni  legislative  emergenziali di  cui all’allegato 1. Tra questi in materia di:

  • lavoro agile, l’art. 90, commi 3 e 4 del D.L. 19 maggio 2020 n. 34 (convertito con modifiche dalla legge 17 luglio 2020 n. 77). Percui – ai sensi dell’art. 90 comma 3, D.L. n. 34/2020 – fino al termine dello stato di emergenza e comunque non oltre il 31 marzo 2021 i datori di lavoro del settore privato devono comunicare al Ministero del Lavoro e delle Politiche Sociali, in via telematica, i nominativi dei lavoratori e la data di cessazione della prestazione di lavoro in modalità agile. Invece, a norma del comma 4 dell’articolo 90 – fermo restando quanto previsto dall’articolo 87 del D.L. n. 18/2020 (convertito, con modificazioni, dalla legge n. 27/2020) – per i datori di lavoro pubblici, fino al termine dello stato di emergenza e comunque non oltre il 31 marzo 2021, la modalità di lavoro agile può essere applicata dai datori di lavoro privati a ogni rapporto di lavoro subordinato anche in assenza degli accordi individuali. A rigurado gli obblighi di informativa sono assolti in via telematica anche ricorrendo alla documentazione resa disponibile nel sito internet dell’Istituto nazionale assicurazione infortuni sul lavoro (INAIL); Sempre in materia di lavoro agile è stato prorogato quanto previsto dall’art. 263 del D.L. 19 maggio 2020 n. 34 (convertito con modifiche dalla legge 17 luglio 2020 n. 77). Pertanto fino al termine dello stato di emergenza e comunque non oltre il 31 marzo 2021 – in deroga alle misure di cui all’articolo 87, comma 1, lettera a), e comma 3, del D.L. n. 18/2020 (convertito, con modificazioni, dalla legge n. 27/2020) – le Pubbliche Amministrazioni devono organizzare il lavoro dei propri dipendenti e l’erogazione dei servizi attraverso la flessibilità dell’orario di lavoro, rivedendone l’articolazione giornaliera e settimanale, introducendo modalità di interlocuzione programmata, anche attraverso soluzioni digitali e non in presenza con l’utenza, applicando il lavoro agile al 50 per cento del personale impiegato nelle attività che possono essere svolte in tale modalità;
  • sorveglianza sanitaria eccezionale, l’articolo 83 del L. 19 maggio 2020 n. 34 (convertito con modifiche dalla legge 17 luglio 2020 n. 77). Pertanto, fino al termine dello stato di emergenza e comunque non oltre il 31 marzo 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.
  • dispositivi di protezione individuale (DPI), l’ articolo 5- bis, commi 1 e 3 del D.L. 17 marzo 2020 n. 18 (convertito con modifiche dalla legge 24 aprile 2020 n. 27) recante disposizioni finalizzate a facilitare l’acquisizione di dispositivi di protezione e medicali. L’art. 15, comma 1 del D.L. 17 marzo 2020 n. 18 (convertito con modifiche dalla legge 24 aprile 2020 n. 27) recante disposizioni straordinarie per la produzione di mascherine chirurgiche e dispositivi di protezione industriale.

Inoltre, è stata prevista la proroga fino al 31 dicembre 2021 di quanto disposto dalla legge di Bilancio 2019 in tema di operatività dell’Ispettorato Nazionale del Lavoro (INL).
Precisamente, al fine di di consentire una piena operatività dell’INL per il contrasto  del  fenomeno del lavoro sommerso e irregolare e la tutela  della  salute  e  della sicurezza nei luoghi di lavoro,  la possibilità di adottare il provvedimento di fuori ruolo o di comando entro quindici giorni dalla richiesta si  applica al  personale dell’INL,  sino  al 31 dicembre 2021.

Per approfondire DECRETO_LEGGE_31_dicembre_2020_n_183

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