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The Ministry of Education, with note 1585 of September 11, 2020, signed by the head of department Max Bruschi, gave further indications on the issue of fragile workers. Thus, the Ministry intends to manage that it is more exposed to the risk of contagion until the need for Covid-19 is returned.
These are the criteria for managing fragile workers, already affected by illnesses that could worsen in case of coronavirus infection.
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What is understood by fragility?
The condition of frailty should be considered temporary and exclusively linked to the current epidemiological situation. The interministerial circular (Ministry of Labor and Ministry of Health) of September 4, 2020 provides clarifications and updates with special attention to “fragile” workers in comparison with the provisions of the Circular of the Ministry of Health of April 29, 2020. Also based on scientific evidence, the exclusive reference to age is not a sufficient element to define a state of frailty in the working age groups.
Therefore, the fragility concept It must be identified in those conditions of the worker’s state of health with respect to pre-existing pathologies that could determine, in case of contagion, a more serious or fatal outcome. The “greater fragility“In the older age groups of the population, it should be understood in conjunction with the presence of comorbidities that may integrate a condition of greater risk.
The situation of fragility must be certified by competent doctor prior verification or specific request (also by the worker). There are no margins of discretion for either party (worker, director, doctor).
The procedure for asking about the condition of frailty.
- The worker asks the director be the object of a visit by activating health surveillance and provide the competent doctor, at the time of the visit itself, related medical documentation to previously diagnosed pathologies, to support the doctor’s evaluation.
- Director formally activates health surveillance by sending a specific request to the competent doctor (or one of the alternative competent bodies).
- Director agrees with the competent doctor the organizational procedures for carrying out the visits, even making school premises available if necessary, if in the opinion of the doctor it is possible to guarantee adequate ventilation, hygiene and non-assembly conditions; If the doctor does not consider them suitable, it will be his task to indicate to the worker a different place to carry out the visit. In the event that surveillance has been activated in any of the competent alternative bodies, the agency involved will notify the worker of the place and date of the visit.
- Director Provide the competent physician with a detailed description of the work performed by the worker., of the workplace / environment where the activity is carried out, as well as information regarding the prevention and protection measures adopted to mitigate the risk of Covid-19 within the school.
- the competent doctor, according to the results of the visit, “Express the judgment of suitability by providing, as a priority, indications for the adoption of more precautionary solutions for the health of the worker or worker in the face of the risk of SARS-CoV-2 (Covid-19), reserving the judgment of temporary non-suitability only for cases that do not allow alternative solutions “ (Circular from the Ministry of Health and the Ministry of Labor and Social Policies of September 4, 2020, n.13). The visit should be repeated periodically also depending on the epidemiological trend.
- The Director, based on the instructions of the competent doctor, make the necessary determinations.
When the worker can go back to work
In the event that the visit results in a suitability judgment, IThe worker continues to work or is reinstated in the tasks of the competence profile
Temporary inadequacy of the fragile worker in relation to the infection
The competent doctor may indicate temporary disability, referring to the contagion situation in relation to the fragile conditions of the worker. Inadequacy can be understood such as the inability to perform any work activity in the given context or only in relation to the specific task performed.
If the teacher is declared incapable of carrying out the teaching task, he has the right to be used in other tasks, mainly in the school sector, taking into account the cultural preparation and the professional experience acquired
Some activities that teachers can do
- library and documentation service;
- organization of workshops;
- didactic and educational supports;
- support in the use of audiovisuals and new information technologies;
- activities related to the operation of collegiate bodies, administrative services and any other activity approved within the framework of the institute’s project.
If the Director considers it necessary and compatible with the needs related to the performance of the new function, the above activities may be carried out in an agile manner.
The competent Director of the Regional School Directorate manages the use of the worker in the school of origin, ensuring that the working time returns to 36 hours a week, as required by article 8 of the CCNI Inappropriate uses.
Temporary inability to carry out any work activity.
Staff declared temporarily inadequate in absolute terms must be placed, with Adequate provision, in consultation due to illness until the expiration of the period indicated by the doctor. qualified. In fact, in this case the doctor’s judgment excludes any possibility of employment in the reference work context.
For teaching and educational personnel used in other tasks or temporarily unfit to carry out any work activity, the trial period is postponed, when the possible return to specific functions does not allow for the 120 days of planned teaching activity.
Temporary staff
Regarding fixed-term staff, the worker sends the request to be submitted to health surveillance to the director of the center and the corresponding procedure is inappropriate
temporarily to work. Subsequently, the same worker will be put on sick leave, until the term indicated in the sentence of temporary disability, in accordance with the contractual provisions in force.. Finally, it may happen that the judgment of the physician indicates, for some profiles of the ATA staff, a suitability to perform only some of the tasks in the profile.
In this case, the Director will be in charge of arranging the taking of the service, identifying, among those foreseen, the tasks that most adhere to the prescribed sanitary indications.
ATA: agile work, schedules, job changes and illness: what the circular offers to fragile workers
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