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Use of masks, fragile workers, PCTO, ITS, students with disabilities and SEN, attendance of first cycle students and face-to-face teaching, collegiate bodies, school personnel: the RSU of Veneto publishes the updated frequently asked questions about the latest Dpcm.
What changes for the so-called “fragile” workers with the Decree of the Prime Minister of November 3, 2020?
With the expansion of the DDI to 100% in second cycle schools, the condition that – in the face of characteristics of fragility recognized in a worker with the consequent attribution of temporary incapacity to perform in the specific teaching function, could disappear, in reference to the pandemic of COVID-19 – allowed the interested party to benefit from the legal institution of use in other tasks or of the absence due to illness equivalent to hospitalization (on these characteristics and especially the procedure related to workers called “fragile”, see note MI n 15858 of 11.09.2020).
In this sense, the provisions of art. 26, paragraph 1-bis, of the decree-law of August 14, 2020, n. 104 signed into law on October 13, 2020, n. 126 that, modifying a provision of Legislative Decree 18/2020, establishes that, from October 16 to December 31, 2020, public and private employees in possession of a certification issued by the competent medico-legal bodies, which certifies a condition of risk derived from immunosuppression or the results of oncological pathologies or the performance of related therapies that save lives, including workers in possession of the recognition of disability with connotation of seriousness in accordance with article 3, paragraph 3, of law 5 of February 1992, n. 104, “they usually perform work performance
in an agile way, also through the assignment to different functions included in the same category or area of employment, as defined by current collective agreements […]Consequently, the Company Physician may review, where appropriate, the judgment of non-aptitude and in accordance with art. 5, c. 3, letter b) of the Prime Minister’s Decree of November 3, 2020, the school principal may order the return to service in agile mode and in DDI.
Are PCTOs still possible in light of the DPCM of November 3, 2020?
The DPCM of November 3, 2020 does not modify the provisions of the previous DPCM regarding the possibility of implementing the paths of transversal competences and orientation. Obviously, all types of classroom activities are provided, in digital mode and therefore also “Simulimpresa” projects, Simulated training company, etc., in which it is possible to adapt situations in presence with synchronous or asynchronous mode in DDI.
With the DPCM coming into effect on November 3, is it necessary to always wear the mask, even in a static situation and with the correct spacing?
The obligation to wear a mask is valid in any circumstance, both indoors and outdoors (on the school grounds), and therefore also in the classroom, under static conditions and interpersonal distance greater than one meter. Of course, the same obligation extends to second grade secondary schools, in the cases of face-to-face activities, as underlined in the note from the Ministry of Education prot. 1990 of 11/5/2020. Moments of mitigation of this obligation can be found in
occasion of breaks in teaching activities (for example, recreation with the intake of food and beverages, snacks, etc.) and, of course, during lunch.
To complete the above, it is also specified that the term “respiratory protection devices”, used by the Decree of the Prime Minister in question in art. 1, paragraph 1, should be understood as a synonym for “masks”, as indicated in the following paragraph 7 of the same art. 1. It is therefore excluded that they can be “visors”, devices that at most can be used in addition to masks, to protect the eyes from the largest drop.
The extension to all circumstances of the obligation to use the mask at school, in addition to being reasonable, taking into account that at this time the epidemiological curve is constantly growing, is in line with what is established in the document of the Ministry of Health and Prevention. response to COVID-19: evolution of the strategy and planning in the transition phase for the autumn-winter period of October 9, 2020, in which, in the summary tables of the epidemiological scenarios (pages 80 – 82), with reference to scenarios 2 (“Sustained and generalized but manageable transmissibility by the health system in the short-medium term”, yellow areas of the DPCM) and 3 (“Sustained and generalized communicability with risks of maintaining the health system at risk of medium term “, orange areas of the DPCM). , although with a gradualness between scenario 2 and scenario 3, the introduction of the obligation, also at the local level, to use the mask even in static situations and with respect to interpersonal relationships.
As the DPCM itself knows and reaffirms, kindergarten children, teachers, ATAs and students with forms of disability not compatible with the continued use of the mask (duly documented) are exempted from this obligation, as well as supporting teachers and the SDGs that interact with them. It is reiterated that, to ensure uniformity of behavior within the same class, so as not to generate a harmful imitation effect, children enrolled in primary school should wear masks, regardless of their age.
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