Article. 2087 cc, and likewise art. 25-septics, Legislative Decree 231/2001, provided that failure to adopt employee health protection measures could expose the company to the liability provided for by Legislative Decree 231/2001, further aggravating an economic situation that will already be compromised due to the ‘epidemic.
“The entrepreneur is required to take measures in the running of the business which, according to the particular nature of the job, experience and technique, are necessary to protect the physical integrity and moral personality of the workers in the areas concerned from the Coronavirus epidemic. “
To avoid any sanctions or adduction of liability, companies (primarily those located in the regions affected by the outbreaks) are taking measures to protect the health of their employees such as the closure of branches or offices, the limitation of meetings, the suspension of all classroom training courses and increased cleaning activities. Companies must guarantee production continuity even in an objectively very difficult context, reorganizing and adapting quickly.
This reorganization starts with the review of prevention measures, which are more essential than ever today to combat the spread of the virus. Duty review in order to avoid the risk that the company could possibly be considered responsible pursuant to and for the purposes of Legislative Decree 231/2001.
Updating the DVR is not enough: concrete solutions are needed to raise the level of security in the company. To do this, you must first consult (were present) the company doctor, to plan any checks or protection systems. in addition to strictly hygienic-sanitary measures (cleaning of places, staff training, periodic checks) it is also necessary to investigate the consequences of an organizational nature.
For this reason, it is necessary to review all journeys, limiting those to risk areas, and enhancing the use of digital tools that allow you to organize meetings and business meetings even without the need for physical presence (in addition to the use of smart working, for the truth still not widespread).
It is then necessary to introduce tools to register the entry of suppliers, consultants and customers potentially at risk, combining the needs of privacy with those of protecting the health of employees.
The Supervisory Body that companies must have established within the organizational model referred to in the aforementioned Legislative Decree 231/2001 is called to verify.