In data 23 maggio 2022, in Gazzetta Ufficiale è stata pubblicata la legge 19 maggio 2022, n. 52, di conversione del d.l. 24 marzo 2022, n. 24 recente disposizioni per il superamento delle misure di contrasto alla diffusione del Covid-19.
La legge di conversione ha introdotto l’art. 9-bis, che disciplina la formazione obbligatoria in materia di Salute e Sicurezza sul Lavoro (SSL). In particolare, il nuovo articolo fa fronte alle incertezze che hanno sinora aleggiato sulle modalità di svolgimento della formazione obbligatoria nel periodo post-emergenziale.
Nel dettaglio, la nuova disposizione stabilisce che la formazione obbligatoria può essere erogata sia con la modalità in presenza sia con la modalità a distanza, attraverso la metodologia della videoconferenza in modalità sincrona.
La modalità a distanza è tassativamente esclusa solamente per le attività formative per le quali siano previsti, dalla legge e da accordi Stato-Regioni, un addestramento o una prova pratica.
È importante evidenziare che la norma fa salva l’adozione dell’Accordo Stato-Regioni finalizzato a regolare la formazione obbligatoria, secondo quanto disposto dall’art. 37, co. 2 del Testo Unico Sicurezza. Questo perché, secondo le modifiche apportate dalla l. 215/2021, è prevista l’adozione di tale accordo entro il 30 giugno 2022, con il fine di accorpare in un unico testo regolatorio tutti gli accordi attuativi in materia.
Ok (temporaneo) alla formazione SSL a distanza
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