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The Ministry of Education published note 1585 of September 11, 2020, which contains the instructions for fragile workers. This is what is expected of ATA staff.
Who are the fragile workers
You can identify the concept of fragility “in those conditions of the worker’s state of health in the face of pre-existing pathologies that could determine, in case of infection, a more serious or fatal outcome and that can evolve based on new scientific knowledge, both epidemiological and clinical“The note emphasizes that the age parameter alone is not a sufficient element to define a state of frailty.
Process
1. The worker requests the school director to undergo an examination by activating the health surveillance and will provide the competent doctor, at the time of the examination itself, medical documentation related to previously diagnosed pathologies, to support the doctor’s evaluation.
2. The director formally activates health surveillance by sending a specific request to the competent physician (or one of the alternative competent bodies).
3. The Director agrees with the competent doctor the organizational procedures for carrying out the visits, possibly also making the school premises available, if in the doctor’s opinion 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.
4. The school director provides the competent doctor with a detailed description of the work carried out by the worker, of the job / 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 to inside the school.
5. The competent physician, based on the results of the visit, “will express the judgment of suitability, 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 sentence of temporary disability 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). visit should be repeated periodically also depending on the epidemiological trend.
6. The Director, based on the instructions of the competent doctor, makes the necessary decisions.
ATA staff regulations
The arrangements for fragile ATA personnel vary depending on the physician’s instructions as well as the characteristics / tasks of the professional profile.
Inadequate: agile work
In case of non-suitability, agile work can be used for DSGA, administrative assistants and, if deemed appropriate, for technical assistants. The situation of school collaborators, school collaborators assigned to the services, cooks, assistants and nurses, for whom there does not seem to be the possibility of carrying out any activity remotely, taking into account the tasks that these figures perform, is more complicated. For the latter, special attention must be paid to certify the condition of fragility
Prescription eligibility: masks and work schedules
On the other hand, in the case of suitability with a medical prescription, the employer is obliged to follow the doctor’s instructions, in addition to providing Personal Protective Equipment, including masks, and to adapt work environments or work performance schedules. School employees, for example, may carry out cleaning schedules that do not coincide with the opening of offices and teaching activities.
Eligibility to perform only certain functions
Article 4, paragraph 2 of the CCNI Uses states: “If the health authority has declared the employee capable of performing only certain tasks of the profile itself, the use can be made, based on the criteria defined in the school contract, in partial functions of the membership profile that are in any case consistent with the activities and work organization of the center”.
Temporary incapacity for any job
In the event that the health surveillance judgment shows a temporary insufficiency for each task of the profile, the Director will evaluate whether it is possible to use it in the institution of ownership in other equivalent tasks. In this case, the cultural and professional readiness, qualifications of the ATA operator will be assessed. It is also possible that the worker requests to be used in other schools, provided that it is not possible to carry out the work at the registered office.
Disease
Finally, if none of the aforementioned solutions is possible, the provisions of article 6, section 1 of the CCNI of June 25, 2008 may be applied, or the worker will benefit from the period of sick leave and will be replaced.
Alternative provisions
Regarding fixed-term staff, the provisions provide for office illnesses. Learn more
Fragile workers, here is the note from the Ministry. With request form
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