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Who is the Manager and what does he do?
Art. 2 Legislative Decree 81/08 definitions
d) «manager»: a person who, by virtue of their professional skills and hierarchical and functional powers appropriate to the nature of the assignment entrusted to them, implements the employer's directives by organizing and supervising work activity.
The manager represents a sort of acting of the employer or his substitute, having the necessary autonomy to exercise his discretion.
Autonomy
Its activity may refer to a specific sector or to the entire company.
The "autonomous branch” of the company is represented by a unitary complex of services that have the same purpose and which, although intended for the same body, can assume an independent configuration through the centralization of activities and resources, therefore having a relationship of direct dependence on it.
In light of what has been said, it is easy to understand the centrality of this professional figure within the complex reality of the company; to deal with a high level of complexity, which frequently characterises a company, it may also be necessary to foresee a series of managers organized among themselves in a hierarchical order, providing for both constraints of subordination that of coordination. Despite this, a rather high degree of decision-making autonomy and responsibility, essential characteristics of management at any level.
Responsibility
Already with Legislative Decree 242 , it was intended to demonstrate a distinction between the obligations reserved for the Employer and those that he shared with the Managers, identifying a substantial difference between the two figures which with the Legislative Decree 81/2008 it has been overcome.
According to Section IV of the Supreme Court of Supreme Court, the Legislator has made managers responsible, even if they do not have a specific delegation, for a series of issues, first and foremost related to job security.
In light of what has been stated above, the Manager, being already a delegate of the Employer, must also deal with these issues, having the needed skills and responsibilities which allow it to exercise this type of priority. In this regard, the ruling no. 1238 of the Court of Cassation, Section IV indicated that: the control , exercised by the manager to implement the safety measures established by the labour regulations, consists of the measures relating to -promote their right to information, education and organisation to safeguard their interests' (TFEU, Article XNUMX)., training, suitable equipment, safety devices and in any case any other suitable measure useful for ensuring safety in the workplace.
Consequently, the manager's expertise in this area covers a wide range of areas and his responsibilities cover numerous and compelling issues, such that this figure cannot be excluded from the responsibilities previously stated.
The Court of Cassation has defined the Manager as someone who: “even in compliance with the programmatic directives received from the employer, However, it has the powers and is therefore able to give direction and orientation to the overall management of the company and/or to one of its autonomous branches or sectors, assuming all the corresponding high-level responsibilities” (Cass. 2005 n. 19903).
The Court of Cassation, in one case, effectively underlined that "the role of manager"
does not necessarily entail spending powers and independently establishes the role of guarantor for safety within the sphere of management responsibility attributed to the same manager. This role is independent of delegation, an institution that applies when the employer transfers to another individual, in whole or in part, duties and powers (including spending) that are his own.
[Criminal Court of Cassation, Section 4, 12 November 2008, no. 42136].
Note that the professional figure of the manager implies the performance of coordinated tasks and not subordinated to those of other managers, of any level, which are characterised by significant autonomy and decision-making powers, which differentiate them qualitatively from those entrusted to managerial employees (Cass. Labour Section 19.07.07 n. 16015).
In this update we will cover the following topics:
- Technical and organizational measures
- Organization of prevention in the company:
- Actors
- Obligations and responsibilities
- Tasks and reports
- Prevention measures
- PPE
- Motivate for Safety
- Health Surveillance
- Risk Assessment:
- Risk of Work-Related Stress
- EMF (Electromagnetic Fields) Risk: Implementation of Directive 2013/35/EU