Law Decree 10 September 2021, n. 122

Law Decree 10 September 2021, n. 122
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Decree Law 10.9 entitled "Urgent measures to deal with the emergency from COVID-122 in schools, higher education and social health-assistance" was published in the official gazette on Friday 19.ink to the text)

The major impact areas are:

1) SCHOOL

  • The possession of the green certification in order to access the school “also applies to the staff of the educational services for children”. In fact, many had noticed that in DL111 it was not clear whether the greenpass was also required for educators in order to work. This new decree also makes the obligation explicit for these workers. In addition, those who work in "provincial centers for adult education (CPIA), regional systems of Vocational Education and Training (IeFP), regional systems that implement courses of Higher Technical Education and Training (IFTS) and Higher Technical Institutes (ITS) "are from today 11 September subject to the obligation of greenpass in order to carry out their work (following the same rules that we have already explained in the previous decree)
  • "Until December 31, 2021, deadline for the end of the state of emergency, in order to protect public health, anyone who accesses the structures of the educational, educational and training institutions referred to in article 9-ter and paragraph 1 of this article, must possess and must exhibit the COVID-19 green certification referred to in Article 9, paragraph 2. The provision referred to in the first period does not apply to children, pupils and students as well as to those attending regional training systems, with the exception of those who take part in the training courses of the Higher Technical Institutes (ITS). "

The possession of the greenpass will therefore be checked by anyone accessing the school (WITH THE EXCEPTION OF STUDENTS) in any capacity. As written, this rule certainly applies to all those who access the school for work reasons (external cleaning, maintenance companies, etc.), as well specified in the next paragraph, the one that establishes who is in charge of controlling the possession of the certification: "In the event that access to the facilities is motivated by reasons of service or work, the verification of compliance with the requirements referred to in paragraph 2, as well as by the subjects referred to in the first period, must also be carried out by their respective employers "

Therefore, a worker of a plant maintenance company can be controlled ONLY WHEN ACCESSING SCHOOL FOR WORK, both by his employer and by the delegate of the institution where the service is provided. It remains implied that if a worker accesses school only on certain days of the year, he must have the certification only on the occasions in which he enters school and must not be checked by the employer on the days in which he works in other environments not subject to greenpass.

All this is also valid (article 9-ter) also for those who enter universities, structures of high artistic, musical and dance training.

ATTENTION: On the subject of "children" we know that many schools are also asking GPs to accompany children to class. This point must be clarified because if it is true that the DL is certainly valid for parents who access the classroom (e.g. nursery / maternal setting) since they cannot prevent school attendance due to parental responsibility (lack of GP) it is not possible not to let the children in. children whose parents "have to stay out of school". We invite everyone to remain calm and we will certainly ask for official clarifications on the subject because minors can NEVER be left without custody.

2) WORKERS EMPLOYED IN RESIDENTIAL, SOCIAL HEALTH AND WELFARE STRUCTURES

The workers of these structures are already subject to the vaccination obligation (DL 44 converted into law 76), decree 122 extends it "to all subjects, including external ones, who carry out their work for any reason"

The control of compliance with the vaccination obligation (therefore not greenpass but vaccine only) is the responsibility of the employers and the managers of the structures in question.

The control methods will be defined "according to the procedures defined by the decree of the President of the Council of Ministers, adopted in agreement with the Ministers of health, for technological innovation and the digital transition and of the economy and finance, after consulting the Guarantor for the protection of personal data "

Also in this case, failure to comply with the vaccination obligation leads to suspension until vaccination is completed, at the end of the vaccination campaign or December 31, 2021.

Staff C.Li.Va. Tuscany