Roma, 22 settembre 2021 – Nella G.U. n. 224 del 18 settembre 2021 è stata pubblicata la legge n. 126 del 16 settembre 2021 di conversione con modifiche al d.l. n. 105 del 23 luglio 2021, recante misure urgenti per fronteggiare l’emergenza epidemiologica da COVID-19 e per l’esercizio in sicurezza di attività sociali ed economiche.
In sede di conversione sono state previste modifiche in tema di impiego delle certificazioni verdi COVID-19. nel dettaglio, sono state inserite le seguenti precisazioni:
- non è richiesto il Green pass per l’accesso ai servizi di ristorazione all’interno di alberghi e di altre strutture ricettive riservati esclusivamente ai clienti ivi alloggiati;
- è consentito l’accesso ai centri termali, parchi tematici e di divertimento esclusivamente ai soggetti muniti di Green pass salvo che per gli accessi necessari all’erogazione delle prestazioni rientranti nei livelli essenziali di assistenza e allo svolgimento di attività riabilitative o terapeutiche;
- nel caso di sagre e fiere locali che si svolgano all’aperto, in spazi privi di varchi di accesso, gli organizzatori devono informare il pubblico, con apposita segnaletica, dell’obbligo del possesso della certificazione verde COVID-19 per l’accesso all’evento. In caso di controlli a campione, le sanzioni amministrative si applicano al solo soggetto privo di certificazione e non anche agli organizzatori che abbiano rispettato gli obblighi informativi .
Introdotta anche, in sede di conversione, la disposizione secondo la quale ogni diverso o nuovo utilizzo delle certificazioni verdi COVID-19 deve essere disposto esclusivamente con legge dello Stato.
Confermato invece la possibilità per gli accompagnatori dei pazienti non affetti da Covid-19, muniti delle certificazioni verdi covid-19, nonchè per gli accompagnatori dei pazienti in possesso del riconoscimento di disabilità con connotazione di gravità di permanere nelle sale di attesa dei dipartimenti d’emergenza e accettazione e dei reparti di pronto soccorso, dei reparti delle strutture ospedaliere, aggiungendo anche le sale di attesa dei centri di diagnostica e dei poliambulatori specialistici. Inserita altresì la precisazione che per i casi di oggettiva impossibilità dovuta all’urgenza, valutati dal personale sanitario, per l’accesso alle prestazioni di pronto soccorso è sempre necessario sottoporsi al test antigenico rapido o molecolare.
Un’altra importante novità apportata dalla legge n. 126/2021 è l’inserimento, nella definizione di certificazioni verdi COVID-19, del riferimento al test molecolare anche su campione salivare. Per cui adesso le certificazioni verdi COVID-19 attestano lo stato di avvenuta vaccinazione contro il SARS-CoV-2 o di guarigione dall’infezione da SARS-CoV-2, ovvero l’effettuazione di un test antigenico rapido o molecolare, quest’ultimo anche su campione salivare, con esito negativo al virus SARS-CoV-2.
Inoltre è stata estesa la durata della validità del Green pass attestante l’avvenuta vaccinazione anti-SARS-CoV-2 a dodici mesi (anziché 9 mesi) a far data dal completamento del ciclo vaccinale.
Confermate le proroghe, al 31 dicembre 2021, dei termini previsti dalle disposizioni legislative riportate nell’allegato A del d.l. n. 105/2021. 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.
Confermata altresì la proroga delle 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, come definite dai contratti collettivi vigenti, o lo svolgimento di specifiche attività di formazione professionale anche da remoto.
Per approfondire: testo_coordinato_DL_23_luglio_2021_n_105_legge_16_settembre_2021_n_126
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