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With the Circular letter n. 315 (downloadable for free at the end of the news), the National Council of Engineers has transmitted the focus on safety in the supply of concrete on site. In summary, the focus highlights the fact that to ensure adequate levels of security, coordination between the various parties operating on construction sites is necessary. Coordination is required by the legislator of the Consolidated Text on Safety in the case of mere supply of concrete on site: the supply of materials does not include the obligation of drafting the POS (Safety Operational Plan), but “ mutual information and mutual coordination between contractor and supplier company ” , pursuant to article 26, paragraphs 1 and 2 of Legislative Decree no. 81/2008.
Participation in the installation, the distinctions in the explanatory circulars
To clarify the two distinct operations, mere supply and installation of concrete, the Ministry of Labor has issued several explanatory circulars. The distinction lies precisely in the concept that it is a mere supply of concrete in the case in which the worker does not hold and does not maneuver the rubber terminal of the pump or the bucket, the nerd and the chute in the case of unloading from a truck mixer. The discriminating factor, therefore, is not the use of the pump or the truck mixer, but rather the participation in the installation which is expressed, in fact, in the performance by the worker of the company supplying operations that compete with the workers of the executing company. Despite the clarifications of the Ministry, a sentence of March 2017, n. 11739 of the Criminal Court of Cassation, again raised the question of the POS request for the delivery of concrete by pumping. The ruling stated that, in the case of pumping, the performance by the concrete supplier of personnel handling the pump arm would represent an execution of the work and, therefore, in the situation object of the sentence the company would have had to deliver a POS.
In the focus, the procedure issued by the Ministry is recalled. In dealing with the pumping phase, which is the subject of the aforementioned sentence, the procedure identifies this operation as the use of the pump arm, as the movement of the arm is considered in all respects a method of delivery, in the same way as the movement of the crane arm with which various components are unloaded on site, and not a participation in the installation. The procedure contains two models with which the concrete supplier and the company communicate information and details for the purpose of preventing the risks of the workers involved.