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Anief – The emergency of the Coronavirus has placed the school at the center of the country’s interests: the teachers, who during the confinement showed a strong attachment to the students and the profession, have once again received the authority of the times from past public opinion.
The State, however, continues to recognize their salaries devoured by inflation, below 9 thousand euros compared to the European average and linked to a contract that has expired for two years.
According to Marcello Pacifico, national president of Anief, “what makes teacher pay even more insufficient and unfair, but also applies to ATA and educational staff, is the fact that a few days ago we went back to school and we We put ourselves at risk of Covid every day, therefore, not indifferent threats to health. Because, it should be remembered, that of the teacher is a relational work, which every day involves the close exchange of contacts with dozens of students. In this context, the award of compensation for risk becomes relevant. Assigning a lump sum of 10 euros per day to staff who experience considerable stress, in contact with many students, inside buildings that in half of the cases were built before 1971 , nowadays in great quantities in ruins and perennial. restructuring is the least that the State can do ”.
Money is coming
Giving a risk allowance to teachers and all school staff is not a utopia. Also because for once the problem of money would not exist. “The economic resources are there, given the amount of billions that will soon arrive from Europe – writes Orizzonte Scuola today -. These are commonly recognized indemnities for certain types of personnel for whom there is what is defined as a significant presumption of risk. Essentially, it corresponds to those work actions that involve continuous and direct exposure to risks detrimental to the health and personal integrity of the worker, regardless of the category or professional profile to which they belong ”.
BIOLOGICAL RISK
INAIL itself in its document Biological risk in the workplace. Technical information sheets. Milan: INAIL, 2011 states that “schools are counted among the so-called“ indoor environments ”(confined living and working environments). In them, educational activities are carried out in the classroom, in the gym, and / or in the laboratory, as well as administrative activities. For biological risk, institutions that have private addresses such as microbiological or agricultural deserve special attention. In fact, these schools usually carry out laboratory activities that require contact with microbiological cultures or exercises in the agricultural and livestock sector ”.
EVEN THE SCHOOL WILL COME BACK
But the biohazard classification is much broader. Due to the type of activity it carries out, INAIL continues in its document, in promiscuous and densely busy environments, biological risk in schools is also linked to the presence of those who study or work there (teachers, students, school operators and collaborators) and it is primarily infectious in nature (bacteria and viruses). To this is added the risk of contracting parasites, such as pediculosis and scabies, and the risk of allergies (from pollen, dust mites, molds, etc.).
WHAT THE SINGLE TEXT SAYS
The specialized newspaper recalls that the main legislative references in force regarding the prevention and protection of biological risk in the workplace are contained in the Consolidated Law on occupational safety: Article 267 of Legislative Decree 81/2008 defines what is meant for agents biologicals, microorganisms and cell culture. But from article 268, dedicated to the classification of biological agents, it follows that it is “undeniable that there is a biological risk for school personnel.”
THE JUDGES AGREE
Even the judges have spoken favorably. In particular, the Sicilia section of the Court of Accounts. jurisdiction, 04/16/2020, n. 157 said that “the recognition as an accessory treatment of compensation for VDU in the complementary bargaining after 2012 contrasts with the principles of the national legal system and collective bargaining, since compensation for risk can only be granted in the presence of / performance of work, identified in the context of complementary decentralized negotiation, which imply a specific, continuous and direct exposure to risks harmful to health and personal integrity. ”In addition, according to the Civil Cassation, Ord. Labor Section, 06/07/2018, n. 14836 (rv. 648998-01), compensation for risk is automatic and to the greatest extent, together with the provisions related to biological license, health surveillance and periodic reviews, for personnel for whom there is a presumption of absolute exposure to risk. , inherent to the functions naturally linked to the position held.
NEED A LAW OR A NEW CCNL
“So – Orizzonte Scuola continues -, the assignment of biological risk, which is not a merely generic risk, but it would be convenient to recognize it to all school personnel, and be recognized, as it could arise at the level of food for thought of these two phrases that, although they are still relevant to address issues of other labor sectors, it is necessary to intervene at the legislative and / or contractual level ”.
“One could also think more generally about compensation for occupational risk for school personnel, who are exposed not only to biological risk but also to the aggression of the now called users. In short, work in schools is at risk, there are dangers and it is fair to protect school personnel who, it never hurts to remember, have the most “indecent” salaries in Europe for their work, even with financial recognition. And authority – the online magazine concludes – also goes through economic recognition ”.
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