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HEALTH AND SAFETY OF WORKERS AT WORK

Academic year and teacher
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Versione italiana
Academic year
2020/2021
Teacher
GIAN GUIDO BALANDI
Credits
6
Curriculum
Esperto giuridico in materia di sicurezza del lavoro, ambientale e dei prodotti
Didactic period
Secondo Semestre
SSD
IUS/07

Training objectives

The course is finalized to students learning contents and problematic issues of legislation regarding health and safety at working place. The study will be focussed on both legislative and factual enforcement themes, particularly as regards the role of collective actors, trade unions and workers representatives. For this purpose, practitioners of different areas will be invited to participate in seminars. The interaction between these two dimensions being one of the main characteristics of the most recent experience in this field. The approach will be critic and systemic, developing in a study in depth also of some cases. The abilities derived will be coherent to the formation of legal operators in private and public employment, and consultancy, with a complete awareness of the great importance of relevant questions. At the end of the course students will be offered the possibility to obtain the certificate “Lavoratori rischio basso” necessary to be employed in some occupations.

Prerequisites

Students must have a good knowledge of labour law, framed in the general principles and most important issues of private and constitutional law, also in their interaction with EU legislation, of particular importance in this field. The student must have passed three examinations before sitting for the exam of Security at Working Place: Labour Law, Constitutional Law and Institution of Private Law.

Course programme

The course is organized in a series of lectures devoted to main problems of health and safety at work legislation, moving from the constitutional principles through the Civil Code and the specialized statutory legislation of the fifties of last century, the EU legislation and it domestic transposition (about 15 hours). With the art. 9 of the Statuto dei lavoratori (Act 300/1970) the “collective/unions dimension” is dealt with, again with reference to the EU directives and their transposition till the most recent Decree n. 81/2008. Students will be asked to reflect on the systemic foundations of the protection of health and safety at work so as on the interpretation of rules and practices (about 15 hours). Some lectures (about 10 hours) could see the participation of expert operators and could be organized with the active participation of students, discussing cases proposed by the teaching staff.

Didactic methods

The course will consist of lectures devoted to the analysis and study in depth of interpretation and application questions of the present discipline of Health and safety at work in the Italian legal system. Seminars will be organized to discuss practical cases, jurisprudence and administrative questions, with the participation of practitioners and expert operators, particularly on the following issues: fields of application; the institutional and administrative structures operating to encourage compliance with the rules and good practices and to repress misapplication and violations. The course will be available on line for the students of the Corso di laurea magistrale in Giurisprudenza taught in Rovigo.

Learning assessment procedures

The exam will be prevalently oral and it is aimed at ascertaining the full knowledge and understanding of HSaW main themes and the ability of the student to discuss interpretation and practical issues. In agreement with the students and with the collaborators written elaboration of cases could be organized. Normally it will consists of three questions, and the final evaluation will be the average of the evaluation of each answer. In case of written elaboration it will substitute for one of the oral questions

Reference texts

A reading list will be distributed during the course, as regards the institutional themes see

PASCUCCI P., La tutela della salute e della sicurezza sul lavoro: il titolo del d.lgs. N. 81/2008, Fano: Aras, ultima edizione. Particularly: cap I, cap II, §§ 1-4; cap IV § 1-4; 6-13.

For non-attending students, it is advisable to contact the teachers for the supplementary teaching materials, by email elena.bellettini@unife.it