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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 his professional skills and hierarchical and functional powers appropriate to the nature of the assignment entrusted to him, implements the employer's directives by organizing and supervising the work activity.
The manager represents a sort of deputy to the employer or his substitute, having the necessary autonomy to exercise his own 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 the above, it's easy to understand the centrality of this professional figure within the complex reality of a company; to address the high level of complexity that often characterizes a business, it may be necessary to also provide for a series of managers organized among themselves in a hierarchical order, establishing both subordination and coordination constraints. Despite this, a fairly high degree of decision-making autonomy and responsibility is preserved , essential characteristics of management at any level.
Responsibility
Already with Legislative Decree 242 , a distinction was made between the obligations reserved to the Employer and those that he shared with the Managers, identifying a substantial difference between the two figures which was overcome with Legislative Decree 81/2008 .
According to Section IV of the Supreme Court of Cassation , the Legislature has made managers responsible, even if they lack specific delegation, for a series of issues, first and foremost related to safety at work.
In light of the above, the Manager, being already a delegate of the Employer, must also address these issues, having the necessary skills and responsibilities that allow him to exercise this type of priority. In this regard, ruling no. 1238 of the Court of Cassation, Section IV, stated that: the control exercised by the manager to implement the safety measures established by labor regulations consists of measures relating to information , training , suitable equipment, safety devices, and any other appropriate 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, still 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 branches or autonomous 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"
It does not necessarily entail spending powers and establishes the role of safety guarantor independently within the scope of management responsibility assigned to the manager. This role is independent of delegation, which applies when the employer transfers to another individual, in whole or in part, duties and powers (including spending powers).
[Criminal Court of Cassation, Section 4, 12 November 2008, no. 42136].
It should be noted that the professional role of manager involves carrying out tasks that are coordinated and not subordinated to those of other managers , at any level, who are characterised by significant autonomy and decision-making powers, which qualitatively differentiate them 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