EMPLOYER CRIMINAL LIABILITY – COVID 19
May 7, 2020THE REQUIREMENTS OF CLEANING AND SANITATION COMPANIES
May 8, 2020CONSIDERING THE NUMEROUS PHONE CALLS REQUESTING CLARIFICATION ON THE TOPIC, WE BELIEVE IT IS USEFUL TO PROVIDE SOME INFORMATION, COLLECTED IN SUMMARY.
According to the circular from the Ministry of Health, compliance is to be considered mandatory in the case of confirmed positivity to the coronavirus.
For operators not affected by the closure measures, the memorandum of understanding of 14.03.2020 between the Government and the unions provides for a series of extraordinary measures (information for employees, access methods for suppliers, personal hygiene precautions, management of common areas, devices of individual protection, etc.).
Il point 4 of the protocol requires the company to ensure daily cleaning and periodic sanitisation of premises, environments, workstations and common areas. The Ministry of Health (circular 22.02,2020, n. 5443) has specified the rules for the decontamination of premises where confirmed cases of COVID-19 have stayed.
Consequences – For the company or professional firm that has continued the activity, it is therefore mandatory to proceed with the ""periodic sanitization”; failure to comply with this obligation could lead to compensation from Inail and serious legal consequences in the event of consequences for the health of workers.
Sanitation – The circular of the Ministry of Health n. 5443/2020 provides only for the case of cleaning (the term "is not used"sanitation”) of non-healthcare environments where confirmed cases of COVID-19 have resided; these operations must be performed:
- by companies authorized pursuant to the Ministerial Decree. 274/1997, who at the end of the intervention will issue a specific certification regarding the intervention;
- in compliance with the protocols (FFP2 or FFP3 masks, disposable gowns, undressing, disposal of disposable PPE as potentially infectious material, etc.).
Tax credit – For sanitization costs, a tax credit equal to 50% of the costs themselves is recognized, with a maximum of €20.000 per company/studio, drawing from the €50 million allocation provided for by the art. 64, Legislative Decree 18/2020.
Redundancy fund – The particular relevance of the sanitization procedure legitimizes the request for social safety nets, by express provision of the Prime Ministerial Decree of 11.03.2020:
for example, the company may decide to proceed with sanitation, as well as the outcome of the presence of a confirmed case of COVID19, every Friday or once a month;
for that day it is possible to request redundancy pay.
And for those who ask us if ozone is enough to sanitize, we answer:
Ozone DOES NOT replace the disinfection methodology approved by the ministry and the competent institutes.
The Ministry of Health with protocol dated 31 July 1996 n°24482, recognized the use of ozone in the treatment of air and water, as a natural aid for the sterilization of environments contaminated by bacteria, viruses, spores, molds and mites, etc.
Furthermore, there is no scientific evidence on the effectiveness of using ozone for sanitization against coronavirus.
To conclude, it can be an excellent aid and integrative element but, as we usually say,
OZONE DOES NOT REPLACE: ELBOW GREASE, DISINFECTANTS AND CLEANING.
For any other needs, our professionals are at your disposal.