RLS update
RLS updating is provided for annually and is mandatory. An employer who does not fulfil the mandatory training of the RLS (elected by the workers) will be sanctioned.
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Who is the RLS course aimed at?
Our training course is aimed at employers who hold the position of RLS (Employers' Safety Representative). National collective bargaining regulates the modalities of the periodic updating obligation, the duration of which cannot be less than 4 hours per year for companies that employ between 15 and 50 employers and 8 hours per year for companies that employ more than 50 employers. It is governed by Article 37 paragraphs 10 and 11 of Legislative Decree 81/08, Legislative Decree 106/09 and the State-Regions Agreement of 21 December 2011.
Sanctions
RLS updating is provided for annually. An employer who does not fulfil the mandatory training of the employers' representative is liable to a sanction ranging from arrest, from 2 to 4 months, to a fine, from €1,474.21 to €6,388.23.
What does the course briefly consist of?
The contents of the course will provide participants with all the useful and necessary elements for carrying out the task of employers' safety representative. The course will provide notions from a regulatory, behavioural and organisational perspective.
What can I do once I have completed the course?
The training relates to the specific risks of the environments in which the RLS exercises his/her representation. The aim is to ensure that the Employers' Safety Representative has adequate skills in the main techniques for controlling and preventing these risks.
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The employers' safety representative is established at territorial or sector, company and production site level. In all companies or production units, the employers' safety representative is elected or appointed. In companies or production units employing up to 15 employers, the employers' safety representative is as a rule directly elected by the employers within them or is appointed for several companies in the territorial area.
In companies or production units with more than 15 employers, the employers' safety representative is elected or appointed by the employers within the framework of the trade union representations in the company. In the absence of such representations, the representative is elected by the employers within the company.
The RLS refresher course can be delivered in e-learning mode. Various topics will be covered during the course:
- The legislative system in relation to employer safety;
- Civil and criminal liability;
- The necessary criteria for identifying risks;
- The risks related to work equipment, video terminals, stress, origin and gender of the employer;
- Company relations and communication with the company.
The refresher course consists of a theoretical part and a practical part based on examples taken from real cases. The lecturers are industry professionals with many years of experience in the field of corporate safety. They will provide the participants of the refresher course with all the necessary material to prepare for the final evaluation.
How did the figure of the RLS come about?
The figure of the RLS was officially created in 1994 with Legislative Decree 626, but already since 1942 there had been some mandates for the employer to protect its employees. The need arose because the employer operates within a working environment whose organisation and scheduling is defined by the entity on which he or she depends: the need to make the internal dynamics more open, empowering and safe for employers was therefore realised.
This legislation was first contained in a series of decrees issued between 1955 and 1956, but over time it has been enriched by the numerous EU directives that overlapped and supplemented the original discipline. Article 50 of Legislative Decree No. 81/2008 imposes a role of primary importance on the RLS, since it is the main party involved in the process of managing workplace safety. The Employers' Safety Representative has three fundamental rights and obligations:
- Access. The RLS must have access to operational workplaces and their documentation, at the same time being updated on any substances, installations or environments that may be hazardous.
- Consultation. The Employers' Safety Representative must be consulted by the employer and the staff in advance, particularly on the basis of the planning of the work and the risk assessment carried out.
- Training. The RLS is entitled to specific training on health and safety, particularly with regard to aspects inherent to their area of representation. This will enable him/her to master the main techniques for controlling and preventing risks.
Reference Standards
- Civil Code, Art. 2087
- Law 300/1970 (Employers' Statute), Art. 9
- Legislative Decree 626/1994, Articles 18 and 19
- Legislative Decree 81/2008, Art. 47-5