• Tue. Dec 7th, 2021

Rider, Tuscany passes law: it is the first in Italy


May 25, 2021

Safety, training, control and trade union representation for riders. Tuscany opens up to the rights of digital platform workers, with the first law in Italy that was approved by the Regional Council in today’s session with a large majority, with the Lega group’s abstention vote. Proposed by the Prime Minister, Antonio Mazzeo, first signatory of the text to which was added the signature of Diego Petrucci (Brothers of Italy), the law provides for the drafting of a technical risk assessment document, which the Council approves with a specific resolution, as a basis for setting up the necessary forms of protection. These also include mandatory training, paid by the employer, with particular attention to the Highway Code and the means of transport used. The companies must also provide safety devices, clothing suitable for performing the services, taking into account night shifts and adverse weather conditions. The institution of a worker safety representative must also be promoted regardless of the type of contract signed. The monitoring and control, also for the purpose of prevention, will be carried out by the prevention, hygiene and safety services in the workplace (Pisll) and by the local health unit companies. “I am happy and also excited. It is a result that was not taken for granted. Since I became president of the Regional Council, I have always set myself the goal of giving a voice to those who have less voice. Today a delivery boy or a rider is seen as an algorithm, but in reality he is a person, a worker, and like every worker we must offer him more rights, starting with the basic ones that are lacking in this sector today, such as health and safety “, commented Mazzeo immediately after approval. “I am proud – added Mazzeo – because Tuscany is the first Region of Italy to have approved a law of this type, which I hope can also be exported to all other Regions, to ensure greater control, greater security and offer protection to these guys and these guys who accompany us in our lives. Here, today the Regional Council has done what it is called to do: to give rights to those who do not have rights “. Law for riders, sheet1. The Regional Council with a resolution approves a risk analysis and assessment project, to be developed with the prevention, hygiene and safety services in the workplace (Pisll) of the local health unit companies (Usl), to supplement the guidelines for prevention and safety activities in the workplace within the competence of the Region and the departments of local health authorities, relating to the specificities emerging in the context of the digital economy of workers organized through digital platforms, which leads to the preparation of a technical document of regional reference, the Technical document for assessing the risks of workers organized through digital platforms, hereinafter referred to as the Technical Document. 2. The project referred to in paragraph 1, which is configured as a participatory territorial model with the social, trade union and employer partners, has the objective of providing for the supervisory activity by the PISLL services, in the context of the regional territory where the workers operate, for constant monitoring of compliance with the regulatory provisions on safety, including the application of the Technical Document. 3. The technical document in the analysis of risks and in the planning of law enforcement actions, takes into account, in particular, the following objectives pursuant to Legislative Decree 81/2008: to evaluate traditional occupational risks, as well as those specific to the particular activity that perform workers organized through digital platforms, regardless of the type of employment relationship, such as work stress intrinsically connected to delivery times, the assignment of shifts, the distribution of job opportunities and places where the activity is carried out; define the risk mitigation methods and identify the most suitable personal protective equipment for carrying out the activity; define and propose the detailed contents of the specific and compulsory training for the companies referred to in Article 37 of Legislative Decree 81/2008, in accordance with the agreements referred to in the same article, with particular attention to the Highway Code and the vehicle of transport used for the performance of work, to prevent workers from taking risks due to their lack of knowledge of the risks themselves and of the rules to be observed as well as for greater protection of the community; provide for the provision of technical clothing suitable for carrying out the work performance for the companies, also considering night shifts and adverse weather conditions, as well as the provision of safety devices; promote the institution of the worker safety representative organized through digital platforms regardless of the type of employment contract signed; define the supervisory procedures by the Pisll services of the Local Health Authorities. The Pisll services of the Local Health Authorities prepare specific control actions on compliance with the safety regulations, in application of the Technical Document, also carrying out a prevention and monitoring action on in order to identify behaviors evading the safety requirements or dangerous practices, for their correction or elimination. As explained by Enrico Sostegni (Pd) illustrating it in the classroom, the bill “dictates precise provisions for companies, and has come to this formulation in full compliance with regional competences, thanks also to the valuable work on the regulatory front carried out by the legislative offices of the Regional Council and the Executive ”. The reference point, he explained, is the former legislative decree 81 of 2008, which dictates the guidelines on protection and safety in the workplace and the rulings of the Court of Cassation that assimilate digital platform workers to subordinate workers. of the other categories. “The recognition of rights – concluded Sostegni – is a small step forward, but it is an important step when it affects the quality of work, especially in a phase like this, in which we speak too often of accidents at work”. Andrea Ulmi (Lega) acknowledged that the Health Commission had done an extremely positive job to reach the final text of the law, “but it is nevertheless an unconvincing text – he explained – because the main regulatory reference remains that for subordinate workers” . According to Ulmi, we wanted to be more realistic than the king and we run the risk of plastering the flexibility, which is the basis of this type of work ”. For this reason he announced the abstention vote of his group. Positive vote, however, was declared by the group leader of the Brothers of Italy, Francesco Torselli, who said: “With this act, Tuscany takes a step forward to increase safety on the workplace in a sector where workers’ self-organization is often the source of many risks ”. And he added that it is “a step to be taken without delay, given that we are talking about the safety and life of human beings”. Torselli wanted to thank his colleague Diego Petrucci, who signed the bill calling it “a turning point in civilization in favor of young workers without any protection”.

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