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The dissemination of the circular on fragile workers, of which so much has been said, was anticipated in OS. A circular that has not solved the problems that continue to raise doubts in the school and that need to be solved urgently.
Interministerial circular no. 13 from 04.09.2020
As is well known, the worker identified as “fragile” was restrained. Based on the content of the circular, it is assumed thatit must be identified in those conditions of the worker’s state of health in the face of pre-existing pathologies that could determine, in case of contagion, a more serious or fatal outcome ”. “Therefore, it is not possible to detect any automatism between the personal and health characteristics of the worker and any condition of fragility. In this context, the greater frailty in the oldest age groups of the population must be understood together with the presence of comorbidities that may integrate a condition of greater risk ”.
The right of school personnel to request protection must be guaranteed by the DS.
The circular indicates that it is the right of the worker to request the DS to activate adequate health surveillance measures for exposure to the risk of SARS cov2 in the presence of pathologies with little clinical compensation. Requests must be accompanied by medical documentation related to the diagnosed pathology to support the competent physician’s evaluation. The DS must, therefore, for its part, as an employer, guarantee the possibility that school personnel request the activation of adequate health surveillance measures due to exposure to the risk of SARS cov2 in the presence of pathologies with low clinical compensation.
Where can the visits be made?
The visit can be made at the competent doctor or at INAIL, or at ASL, or at the University’s departments of forensic medicine and occupational medicine.
What will be the doctor’s judgment of the fragile worker?
In order to assess the state of fragility, the employer must provide the doctor in charge of issuing the sentence with a detailed description of the work carried out by the worker and the workplace / workplace where they work, as well as information regarding integration. of the risk assessment document, in particular with reference to the prevention and protection measures adopted to mitigate the risk of SARS cov 2 in the implementation of the Shared Protocol of April 24, 2020. Once this assessment is completed, the doctor 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 to face the risk of SARS cov2, reserving only the judgment of temporary non-suitability. to cases that do not allow alternative solutions. It is still necessary to periodically repeat the visit, also in light of the epidemiological trend and the evolution of scientific knowledge regarding prevention, diagnosis and treatment.
Therefore, the planned measures will be adequate with specific prescriptions or inadequate for the task. And in case of disability, what happens? In what regime will staff be temporarily unfit for work due to the coronavirus emergency? Here different scenarios can be opened and it is essential that MIUR clarifies as soon as possible, but it is also necessary to urgently review the regulatory framework because the Ministry cannot invent legislation that does not exist. If for ATA staff it is still possible to think about activating agile work until the persistence of the state of emergency, the same automatism does not exist for teachers. Will staff be placed ex officio on sick leave? And will this period of illness be counted for behavioral purposes? What withholdings will there be? Will you be subject to tax visits? Remembering that to date there is no service exemption instrument in the PA. Or will we enter the regime of “inadequate” teachers? Article 17 paragraph 5 of the CCNL school establishes that teaching personnel declared unfit for their function for health reasons can, upon request, be dismissed and / or used in other tasks taking into account their cultural and professional preparation. This use is organized by the Regional Director on the basis of the criteria defined in the complementary national negotiation. It should be remembered that the CCNL 2008 is the one that governs the inadequacy regime, which follows the visit of a collegiate medical commission and will be used as usual in the secretariat, in libraries with ATA schedule, therefore 36 hours maintaining the status of teacher but out of role. In short, the picture is not clear and more directions will be needed for the circular in question.
INPS message returns to ordinary disease state
On the subject, it is convenient to remember the message INPS.HERMES.31 / 07 / 2020.0003014: “Art. 74, which extended from April 30 to July 31, 2020 the provision pursuant to art. 26 co. 2 of decree law n. 18/2020, according to which for public and private employees in possession of the recognition of disability with a serious connotation (article 3, paragraph 3, Law 104/1992), as well as for workers in possession of certification issued by the competent Medical Bodies- that certify a risk condition derived from immunosuppression or the results of oncological diseases or the performance of associated therapies that save lives, the period of absence from the service is equivalent to hospitalization and is prescribed by the competent health authorities, as well as by the doctor. The primary care that is run by the patient did not undergo any changes during the conversion. Consequently, the specific document SAP / TM “MERC”, established to ensure the benefit due for the aforementioned absences, will be usable until July 31, 2020 and As of August 1, 2020, the ordinary treatment provided for by current legislative and contractual legislation on illness will be restored.”.
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