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D.Lgs.81/08 Article 37 - Training workers and their representatives

Article 37. Training of workers and their representatives
1. The employer shall ensure that each worker receives sufficient training and adequate health and safety, even compared to
language skills, with particular reference to
a) concepts of risk, harm, prevention, protection, organization of prevention
corporate rights and duties of various corporate entities, supervisors, control, assistance;
b) risks related to the duties and the possible damage and the resulting measures and procedures for prevention and protection characteristic of the industry or sector of
membership of the company.
2. The duration, the minimum content and manner of training referred to in paragraph 1 shall be settled by agreement in the Permanent Conference for relations between the state, regions and autonomous provinces of Trento and Bolzano adopted, after consultation with social partners within a period of twelve months from the date of entry into force of this Legislative Decree
.
3. The employer shall ensure also that each worker receives sufficient training and adequate in relation to specific risks in the securities of this Decree after I.
Subject to the provisions already in vigore in materia, la formazione di cui al periodo che precede è definita mediante l'accordo di cui al comma 2.
4. La formazione e, ove previsto, l'addestramento specifico devono avvenire in occasione:
a) della costituzione del rapporto di lavoro o dell'inizio dell'utilizzazione qualora si tratti di somministrazione di lavoro;
b) del trasferimento o cambiamento di mansioni;
c) della introduzione di nuove attrezzature di lavoro o di nuove tecnologie, di nuove sostanze e preparati pericolosi.
5. L'addestramento viene effettuato da persona esperta e sul luogo di lavoro.
6. La formazione dei lavoratori e dei loro rappresentanti deve essere periodicamente ripetuta in relazione all'evoluzione dei rischi o all'insorgenza new risks.
7. The officers and received by the responsible employer, adequate and appropriate training and regular updating in relation to their duties for health and safety. The contents of the training referred to in this paragraph shall include:
a) the key players and their obligations;
b) definition and identification of risk factors;
c) risk assessment;
d) identification of appropriate technical, organizational and
procedures of prevention and protection.
7-bis. The training referred to in paragraph 7 may also be made at the joint bodies set out in Article 51 or the school building, if any, or in association trade union of employers or workers.
8. The entities referred to in Article 21, paragraph 1, may take advantage of training specifically defined by the agreement referred to in paragraph 2, within the Permanent Conference for relations between the state, regions and autonomous provinces of Trento
and Bolzano.
9. Workers in charge of fire prevention and fire fighting, evacuation of the workplace in case of grave and immediate danger, rescue, first aid and, anyway, emergency management should receive adequate and appropriate training and a regular update and, pending the adoption of the provisions of paragraph 3 of Article 46, continue to find pursuant to the provisions of the Decree of the Minister on March 10, 1998, published in the Official Gazette no SO 81, April 7, 1998, implementing Article 13 of Legislative Decree 19 September 1994, n. 626.
10. The representative of the workers' safety is entitled to a special training on health and safety risks that exist in specific areas in which it carries its own representation, such as to ensure adequate skills
on key techniques of control and prevention of risks.
11. The mode, duration and specific content of the training of the workers' safety representative are established within the national collective bargaining, according to the following minimum contents:
a) principles of Community law and national
b) general and special legislation on health and safety at work;
c) the key players and their obligations;
d) definition and identification of
risk factors;
e) risk assessment;
f) identification of appropriate technical, organizational and procedural prevention and protection;
g) legal aspects of employee representation;
h) knowledge of communication technology.
The minimum course duration is 32 hours early, with 12 of the specific risks in the company and the resulting measures of prevention and protection adopted, with verification of learning. The collective bargaining rules governing
obligation to update regularly, the duration can not be less than 4 hours a year for companies employing 15 to 50 employees and 8 hours per year for companies employing more than 50 employees.
12. The training of workers and their representatives must, in cooperation with the joint bodies, when present in the field and in the territory in which place of business of the employer, during working hours and may not result in economic costs to the workers.
13. The content of training must be easily understandable for workers and should allow them to acquire the necessary knowledge and skills in health and safety at work. If the training relates to immigrant workers, it is subject to verification of understanding and knowledge of the language used in the training program.
14. The skills acquired as a result of carrying out training activities under this decree shall be entered into the national training booklet referred to in Article 2, paragraph 1, letter i) of Legislative Decree 10 September 2003, No 276, as amended, if available as this is actually activated in accordance with applicable regulations. The content of the training booklet is considered by the employer for the purpose of planning training e di esso gli organi di vigilanza tengono conto ai fini della verifica degli obblighi di cui al presente decreto.