A DANGEROUS GAME

“I was given the task of carrying out the Risk Assessment and therefore I did my job. I have more important things to attend to. But of course they have prices... so I got multiple offers and chose the lowest one."

When you hear certain statements, even if they are generally understandable, you should be concerned.

The employer must verify the adequacy and completeness of the DVR.

This statement arises from a cassation ruling which, once again, specifies who has the honor and DUTY of carrying out the assessment of ALL RISKS.

The RSPP in fact “it carries out a delicate function of informative, evaluative and programmatic support but is devoid of decision-making autonomy: it, however, cooperates in a context which involves different subjects, with distinct roles and skills. In short, team work.”

Coordination is the responsibility of the employer.

The employer, availing itself of the advice of the prevention and protection service manager, has the legal obligation to analyze and identify, according to its own experience and the best evolution of technical science, all the danger factors concretely present within the company and, 'outcome, must draw up and periodically update the risk assessment document provided for by art.28 of Legislative Decree no.81 of 2008, within which he is required to indicate the precautionary measures and protective devices adopted to protect the health and safety of workers".

 ... "for the drafting of this document, which is fundamental for the safe carrying out of working life within each company, the employer can avail itself of the collaboration of a professional, providing for the law the advice of the prevention and protection service manager", however, the help that this person provides   is preferably used for  “drafting the aforementioned document does not exempt you the employer from the obligation to verify its adequacy and effectiveness, to inform workers of the risks associated with the work being carried out and to provide them with sufficient and adequate training.

And finally "the collaboration provided by the manager of the protection and prevention service in carrying out this activity and identifying measures to address the risks present in the company, did not exempt the employer from subjecting the document drawn up by the professional to an in-depth critical analysis and verification regarding the concrete identification and indication of the highlighted situation of clear risk and the measures precautions to deal with it. […]"

As always, the principle applies that not everything can be delegated but, above all, if you pay in peanuts you will only have monkeys (famous English saying)