Work

Heat management in the workplace: social partners, no agreement on protocol

Companies and trade unions are calling for the use of social shock absorbers to be made structural in the event of excessive temperatures. The Minister of Labour is in favour, but the question of coverage remains

by Giorgio Pogliotti

Alcuni lavoratori in un cantiere (Adobe Stock)

3' min read

3' min read

On the management of heat emergencies in workplaces, the government proposed the adoption of the same protocol that was presented in the summer of 2023, encountering again this year the disagreement of the companies on the proposed instrument, which reiterated: the rules are already there, it is enough to apply them. In favour of the Protocol, on the other hand, were Cgil, Cisl and Uil, who called for new obligations with binding force. From the employers' associations and trade unions, there was also a common request to make the use of social shock absorbers structural, extending the causal for weather events and, in the case of an order by the Authority, for the similar causal, also to cases of excessive heat, as provided for in Decree Law 98 of 2023 that expired at the end of last year. The Minister of Labour, Marina Calderone, is in favour of confirming the provision but it remains to be seen whether there are the resources.

The meeting at the Ministry of Labour, with undersecretary Claudio Durigon and the social partners, therefore had the same epilogue as the last table in September 2023: two different positions emerged between companies and trade unions.

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Enterprises: there is a wide range of instruments that must be applied

The employers' associations of industry, trade, crafts, agriculture and the cooperative world expressed the same position. Summarised in the intervention of the Confindustria representative. "There is the utmost attention to ensure the safeguarding of workers' safety conditions," they said from Viale dell'Astronomia. "There is no need for further measures, we already have a vast regulatory and applicative instrumentation that also deals with the management of heat for workers exposed to heat, which includes the indications of the Ministry of Labour and Health, Inl, Inail, Asl, Inps circulars, regional ordinances. Sometimes these tools refer to different parameters, as is the case with the Ministry of Health bulletin and worklimate, the Inail portal. But above all, it is up to the employer to assess all risks, which includes extreme heat conditions. Yet another bureaucratic add-on is not the solution, the existing rules must be applied'.

The other concern of the companies, expressed by Ance, is that in cases where regional ordinances provide for work stoppages during peak hours, in public and private contracts, the responsibility for the delay in handing over the work should not be placed on the contractor.

Unions: extend protections to all sectors including seasonal workers

For Francesca Re David (CGIL) 'we have legislation that says that over 35 degrees, with differences between indoors and outdoors, you cannot work but it does not say what happens if you continue to work. We want social shock absorbers that also allow seasonal workers and not only permanent workers, construction workers and everyone, to help the interruption of work, a different organisation of work agreed with the trade union where we can intervene with respect to this risk and we want a binding regulation'.

Also for Matteo Pirulli (Cisl) 'there is a need for an immediate decree that, in the footsteps of the one already passed last year, recognises access to social shock absorbers by extending it to seasonal workers. The shared protocol must set out inalienable and binding cornerstones, with operational indications of a preventive nature, grafting itself on the existing regulatory provisions, deferring to specific sector and industry regulations, in order to decline in a particular way the provisions envisaged, according to needs and specificities'.

For Ivana Veronese (Uil) 'the only effective one is precisely a systemic response. First of all, because we have to go beyond the logic of sectors, which limits the perimeter to people working in agriculture and construction: what about postmen, and riders? And all those who work in catering, where there is hardly any air conditioning in kitchens? We need a common basis, which must be clear and binding; then the categories can sign sector-specific protocols to take further steps forward. If working hours or the organisation of work are not changed to protect workers, employees must be put on social security, when the maximum actual or perceived temperature is reached: on this we ask that there be an automatism'.

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