16 novembre 2020 – Nella G.U. n. 279 del 9 novembre 2020 è stato pubblicato il D.L. n. 149/2020 (c.d. Decreto Ristori bis) recante ulteriori misure urgenti in materia di tutela della salute, sostegno ai lavoratori e alle imprese e giustizia, connesse all’emergenza epidemiologica da COVID-19.
Nel dettaglio, il provvedimento ha previsto un ulteriore stanziamento di risorse, destinato al ristoro delle attività economiche interessate, direttamente o indirettamente, dalle restrizioni disposte a tutela della salute, al sostegno dei lavoratori in esse impiegati, nonché ulteriori misure connesse all’emergenza in corso.
Le principali misure introdotte sono:
- ampliamento delle categorie di attività beneficiarie del contributo a fondo perduto previsto dal D.L. n. 137/2020 (c.d. Decreto Ristori);
- istituzione di un fondo per compensare le attività delle Regioni che potrebbero venire interessate da future misure restrittive, per erogare futuri contributi in modo automatico;
- contributi per le attività con sede nei centri commerciali e per le industrie alimentari;
- credito d’imposta sugli affitti commerciali;
- sospensione delle ritenute alla fonte e dei pagamenti IVA per il mese di novembre per i soggetti che esercitano attività economiche sospese;
- cancellazione della seconda rata dell’IMU;
- sospensione dei contributi previdenziali;
- rinvio del secondo acconto Ires e Irap per i soggetti a cui si applicano gli Isa;
- bonus baby sittere congedo straordinario;
- con un fondo straordinario è stato previsto un sostegno in favore dei soggetti attivi nel terzo settore, organizzazioni di volontariato, associazione di promozione sociale e organizzazioni non lucrative di utilità sociale, che non rientrano fra i beneficiari del contributo a fondo perduto;
- sostegno alla filiera agricola, pesca e acquacoltura;
- potenziamento del sistema sanitario;
- misure urgenti per la decisione dei giudizi penali di appello e per la sospensione dei termini utili ai fini del computo della prescrizione, nonché dei termini di custodia cautelare nei procedimenti penali nel periodo dell’emergenza epidemiologica;
- incremento del fondo per il trasporto pubblico locale;
- rafforzamento degli obblighi di pubblicità e trasparenza dei risultati del monitoraggio dei dati epidemiologici.
Con specifico riferimento alla materia della salute e della sicurezza dei luoghi di lavoro, il D.L. n. 149/2020 ha previsto una modifica al d.lgs. n. 81/2008 (Testo Unico di salute e sicurezza sul lavoro). Nel dettaglio, è stata disposta la sostituzione integrale di due allegati tecnici in materia di agenti biologici, cioè l’allegato XLVII ( indicazioni su misure e livelli di contenimento) e dell’Allegato XLVIII (Contenimento per processi industriali).
Tali allegati riportano due tabelle con diverse voci relative alle misure di contenimento del rischio biologico ed i livelli di contenimento (livelli 2,3,4). Adesso viene specificato che l’indicazione “raccomandato” – presente in alcune caselle dei Livelli di contenimento – significa che le misure dovrebbero essere applicate in linea di principio, a meno che i risultati della valutazione del rischio non indichino il contrario.
È stata altresì introdotta una suddivisione delle misure di contenimento di entrambe le Tabelle. Infatti prima c’era solo un elenco generico, mentre adesso sono suddivide in riferimento a:
- Luogo di lavoro/ informazioni generali;
- Impianti;
- Attrezzature;
- Sistema di funzionamento;
- Rifiuti;
- Altre misure.
Per approfondire
Decreto_legge_9_novembre_2020_n_149
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