Guilt in watching
In choosing fault
The employer: the first person in charge of corporate safety.
The importance of the correct choice of the contractor company for fire maintenance services
Legislative Decree 81/2008 places on the Employer the main responsibility for applying the rules on safety and health protection in the workplace, as the holder of decision-making and spending powers.
Article 26 of Legislative Decree 81/2008 provides that the customer (Employer) must limit himself to requesting the following documents from the contractor company:
- Certificate of registration with the Chamber of Commerce;
- Self-certification of possession of the technical-professional suitability requirements.
In the event of an accident, the Magistrate is not satisfied with the request for these two documents, (as has already happened in many cases in the past) in fact, to attribute or not any fault in eligendo to the Employer, other substantial checks are required and not only formal as required by art. 26 Legislative Decree 81/2008.
The registration with the Chamber of Commerce and the self-certification therefore do not repair the Employer from a conviction for Culpa in eligendo, which must worry not only if the maintenance company is authorized to operate but also its operational capacity, respect environmental and safety regulations and technical - professional suitability.
The AESSE company places itself close to the EMPLOYER to support him towards his responsibilities and provides, upon request to the customer, the following technical-professional requirements and the following documentation, without which it is impossible to carry out a good verification of the suitability of the maintenance technician .
THE EMPLOYER: Maintenance assessment documentation:
- DURC, single document of contribution regularity, guarantees that the company is up to date with the payment of contributions;
- ANNUAL AVERAGE STAFF declaration, to verify the actual workforce of the company;
- Names of the safety figures RSPP, RLS, competent doctor to guarantee the fulfillment of the basic requirements of the safety regulations;
- CURRICULUM of the company, with a list of the main maintenance services of the last three years;
- INAIL rate applied, characterizes the accident tendency of the company;
- Certificates of TRAINING OF WORKERS and supervisors, and list of PERSONAL PROTECTIVE EQUIPMENT assigned to employees;
- list of MACHINES AND EQUIPMENT that the company intends to use for the maintenance service, declaration of ownership, CE mark, serial number and year of construction, indications on the operating capabilities of the machines to evaluate the production capacity and therefore to evaluate the suitability of the supplier itself .
- Declaration that the company has not undergone measures of suspension of the activity provided for by art. 14 Legislative Decree 81/2008 for the use of irregular labor or violations in the field of health and safety in the workplace;
- Company liability insurance policy, maximum € 000.000,00;
- Authorization for maintenance on fire-fighting systems ref. Ministerial Decree 37/2008 letter "G"
- Use exclusively by employees of the company, as other personnel could not have the technical suitability.
The EMPLOYER: co-responsibility for the correct management of waste produced by the maintenance technician:
In relation to the principle of transparency and traceability of waste, the Employer should ask the company carrying out the maintenance operations for documentation proving the correct management and trace of the process of disposal and / or recovery of extinguishing agents and / or other material out of the norm taken from the Client's company.
In the event of an inspection by the competent authority (USL, FORESTRY CORPS OF THE STATE, PROVINCIAL POLICE, etc.), the choice of an unqualified maintenance company exposes the Employer to CIVIL AND CRIMINAL LIABILITY.
With the entry into force of Legislative Decree 152/2006 paragraph 8 and subsequent amendments, all companies that carry out maintenance services are called upon to apply the rules that regulate the management of waste produced by their business. The Employer can verify the suitability of the maintenance company through a site check www.albogestorimbientali.com
AESSE company provides the following documentation:
- Enrollment in the ENVIRONMENTAL MANAGERS register no. FI20645
- Send for information to customers of the 4th extinguishing disposal sheet, carried out with an authorized company.
Some reference CER codes:
- fire hoses 04.02.09
- fire doors 17.04.05
- panic bars 17.04.05
- exhausted dust 16.05.09