• Tue. Jan 18th, 2022

Safety on the ski slopes, new decree law approved

Byeditorial

Dec 4, 2021

The ski season in Italy has opened in these days and will be the first year of application of the new safety rules in all ski areas. In fact, from 1 January 2022, decree no. 40 of 2021 on the “Rules of conduct for users of skiable areas”, a goal achieved also thanks to the work of the Association “Il Sorriso di Matilde Onlus” (ISDM) – born in 2014 following the accident in which the little Matilde De Laurentiis. “The issue of this decree is the first and greatest goal achieved by our Association. We have fought to fill a regulatory and legal vacuum and spread a new culture of safety on the ski slopes, in order to reduce the chances that such a tragedy could affect other families. – explains Elisabetta De Biaggio, President of the Il Sorriso di Matilde Onlus Association and mother of Matilde De Laurentiis – This is why we have set up the Onlus and fought with confidence and tenacity over the years. We have worked for the safety of our children and future generations, transforming our pain into fruitful wealth for others. “” From January 2022, we will have stricter measures to safely practice winter sports, first and foremost skiing. Finally it will be possible to have fun in the mountains, having new protection tools for sportsmen, and especially for the little ones ”- declares Maria Stella Gelmini, Minister for Regional Affairs and Autonomies. “The green light for decree 40/2021, which arrived last spring, concluded a legislative process started years ago and supported by various political forces. A fundamental role was played by the association ‘Matilde’s smile’, born at the behest of the De Laurentiis family in honor of little Matilde, victim of an accident on the ski slopes. The government and Parliament have given a concrete response to the needs of many, to prevent tragedies from happening again and to safeguard both the workers of the ski resorts and those who regularly attend them “. The estimates collected in the pre-pandemic period recorded on average every year about 30,000 accidents caused by the practice of winter sports and, of these, 1,500 with hospitalization. Snow accidents concern men in 55.4% and women in 44.5% and mainly affect the youngest: 50% of accidents occur within the age of 30, while 2/3 of accidents occur within 40 years. Furthermore, one death is observed for every 1,700 interventions, which – compared to the estimated 30,000 accidents – indicates about 20 deaths per year. of the Association and its legal team, the lawyers Gaetana Morgante and Katia Zulberti, but also of some institutional representatives such as the senators Pietro Ichino and Linda Lanzillotta who made themselves the bearers of the requests of il Sorriso di Matilde and promoted it to Parliament. “The definitive enactment of the law decree 40/2021 constitutes the arrival of a difficult and painful path made by Il Sorriso di Matilde, to modify the law 363/2003 in the sense of the mandatory use of safety devices, insurance coverage and of the guarantee position of the managers, the managers of the slopes and all those who work there professionally and not “- explains Gaetana Morgante, Professor of the Scuola Superiore Sant ‘Anna and legal advisor of Il Sorriso di Matilde. “The law, which began with the S_1367 bill presented by Senator Linda Lanzillotta on 11 March 2014, finally defines the identity of the subjects required to monitor and comply with safety rules, clearly establishing their responsibilities and, in case of violations, related pecuniary and disqualifying sanctions. The obligation to disseminate safety rules in the broader framework of sharing the values ​​of which the Association has tirelessly made itself the spokesperson in recent years is also fundamental. Much has been done and much remains to be done, but the path taken by the legislator is the right one. “” The final approval of the decree introducing more stringent measures to safely practice winter sports, starting with skiing, represents the conclusion of a long process started in the last legislature with the presentation in the Senate of a bill of mine born from the thrust of the association ‘The smile of Matilde’. – Linda Lanzillotta, Senator of the PD intervenes – “Having finally overcome obstacles and resistance is due to the Parliament and the Government, but above all to the tenacity of the Association and Matilda’s mother who fought so that tragedies such as the one involving Matilde and above all so that children can ski and have fun in safety. “” The enactment of new safety regulations on winter sports fields is the extraordinarily positive outcome of a campaign promoted by the Il Sorriso di Matilde Association, to which I I strongly adhered in the past years by working together with other senators to raise the awareness of the Government and the competent parliamentary commissions on this issue – comments Pietro Ichino, Professor of Labor Law at the University of Milan, former senator in the 16th and 17th legislatures. “The hope is certainly that these regulations will put an end to the situation of dangerous inadequacy of the prevention rules in force until yesterday on this matter, but also and above all that they will contribute to the maturation and diffusion of a culture of safety among those who practice winter sports which so far has been lacking and without which the rules alone are not enough for effective accident prevention. “The ISDM project was presented following three hearings in the Senate in 2017, which identified the Onlus as the only Association invited to the discussion table with private and institutional stakeholders. An institutional collaboration was also launched with the federations and trade associations, which resulted in the participation of the non-profit organization in a working group made up of the most representative subjects and aimed at formulating legislative proposals and organizing training and dissemination initiatives on the topics. related to the safety of winter sports. “What happened to little Matilde is something that should never happen and for this reason, as a sportsman and as President of a ski school, I immediately felt it was important to support the Association’s requests and promote information and awareness activities that, concretely, contribute to creating a culture of safety in winter sports ”- comments Giovanni Alverà, President of the Cortina Ski School. “The new decree law certainly represents an important milestone for the Association, but also for the professionals: it is the demonstration of an investment for the protection of everyone’s safety and intervenes by regularizing some situations that arise in our daily working life. There is still a lot to do, but this is definitely a big step forward. ” THE NEW RESPONSIBILITIES OF THE SKI SCHOOLS “In the wake of the provisions contained in the decree law 40/21, the recent principle affirmed by the jurisprudence of merit which recognized the occurrence of” more imprudent conduct “in the cause of the event in which it lost little Matilde’s life and consequently, in conjunction with the investor’s responsibility for “grossly negligent conduct”, the responsibilities of the ski school and of the instructor for “inadequacy of supervision by external risk factors” have been ascertained. Specifically, conclude the lawyers Giovanni Battista Bisogni and Elisabetta Diorio of the Bisogni law firm “This ruling also contributes to raising awareness of the issue of winter sports safety, in line with the institutional objectives of the non-profit organization because it imposes on ski schools the concrete rule of not bring together the younger pupils in a single class with pupils of different ages and abilities. “” Much remains to be done to spread and concretely apply the rules on safety in the ski areas, but we will continue, in the name of Matilde “- concludes Elisabetta De Biaggio. “I share this important milestone with all our volunteers, our Testimonial Kristian Ghedina and those who have supported and helped us to reach it over the years, also with donations. ‘Matilda’s Smile’ had a resonant effect also thanks to the other solidarity projects we have built to help all children in need, always putting love at the center ”. THE MAIN NEWS OF DECREE N. 40 OF 2021 Among the novelties of the decree, in terms of safety we find: · The extension of the obligation of an insurance contextual to the purchase of the ticket for access to the track, obligation to use a helmet also to those over the age of fourteen, in the practice of alpine skiing and snowboarding, in all skiable areas including off-piste routes and the obligation, on the part of the managers of the skiable areas, to install a semi-automatic defibrillator located in a suitable place and to ensure the presence of trained personnel for its use. · The figure of the director of the slopes has been established to supervise the safety of the slopes and civil liability of the managers of the facility for non-compliance with the rules. On the other hand, enhancement of the most virtuous ski areas with recognition from 1 to 5 snowflakes. · Division of the slopes according to specific destination of ski activities (skiing, snowboarding, racing, sledges, etc.) and relative delimitation and separation of the areas within the slopes. · Obligation to make the signs and rules of conduct on the slope visible and the skier’s obligation of prudence to maintain a conduct that does not constitute a danger to others for which he is the first responsible. · Definition of general criteria of behavior and safety for the practice of ski-mountaineering and other sports activities in the equipped skiable areas, as well as adequate measures, including sanctions, which guarantee compliance with the established obligations and prohibitions and the full exercise of the aforementioned sports disciplines in safe conditions, without new or greater charges to be borne by the managers. · The strengthening of the supervisory and control activities of the services security and public order, with the determination of an adequate sanctioning regime, as well as the strengthening of the information and training activity on the precautions to be taken for the prevention of accidents, also with reference to off-piste skiing and ski-mountaineering and finally, between the others, the prohibition of skiing in a state of intoxication as a result of the use of alcoholic beverages and toxicological substances. ski slopes in March 2014. The Onlus pursues two main objectives: to promote the culture of safety in winter sports and to support social solidarity projects in favor of disadvantaged children – www.ilsorrisodimatilde.com

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