From 15 October until 31 December the Green pass will be mandatory for all workers of the public administration and private companies. The first checks, however, could be triggered already Monday 11 October, the day on which the obligation of interpersonal distancing of at least one meter will also expire. But six days after the entry into force of the obligation of green certification, the alarm goes off among the companies. Are approximately 5.5 million Italians of working age who have not yet vaccinated against Covid 19 and 8.5 million total according to estimates provided by the commissioner led by General Figliuolo. Not being vaccinated, the only way they will have to get green certification and have access to work will be to undergo a swab every 48 ore. But the number of unvaccinated is still too high, although the campaign is progressing and, this weekend, it is expected to reach the threshold of80 percent of Italians immunized with at least one dose. But at the local level, many regions will not be able to sustain the number of tests to be processed to issue green certifications. And the concern of companies grows, for fear of being left without workers.
“Companies risk running out of staff”
The president of Veneto Luca Zaia, who spoke of the difficulties of businesses, and asked the Draghi government to change the rules on the Green pass, said that the Region will not be able “to offer everyone who is not vaccinated a 48 ore“. In the region led by Zaia, in fact, there are approximately people of working age who are not vaccinated 590 thousand. There is little hope that they will change their minds and get vaccinated. To avoid making the local health system go haywire and giving workers the opportunity to obtain the Green pass thanks to the swab, Zaia has proposed to the government to authorize do-it-yourself nasal tests directly in companies and to extend its validity from 48 to 72 hours. This was echoed by the president of Friuli Venezia Giulia and of the State-Regions Conference, Massimiliano Fedriga, who asked the government to “intervene promptly, to allow companies to organize themselves”, if Zaia’s proposal for tampons in the workplace should be accepted. But the application problems don’t end there.
The nodes in the guidelines for the verification of the Green pass
In private companies, as well as in the PA, how will the checks on the validity of the Green pass be regulated? The guidelines are clear, but they present some application knots still to be solved. According to the indications of the Public Function, the minimum number of workers who, on a sample basis, will be checked it was reduced from 30 percent to 20 percent. However, it is not clear whether the checks can be carried out at the entrance, at the exit, during working hours. And what to do with external workers who enter a private company? According to the decree they should exhibit green certification. Just think of the logistics sector where truck drivers access companies, but they do not necessarily have to take care of the loading / unloading of goods and therefore – in fact – enter the company. In this case the question is: does the company have to check their Green pass? It is not clear.
The unknowns about controls
And again: who will be responsible for the controls? According to the decree, in the private sector, the person in charge of the controls will be the employer, who “can delegate the aforementioned function – by written deed – to specific personnel, preferably with managerial qualifications, where present”. If these figures are not present, who will be responsible for verifying the certification? It is assumed that senior employees will take care of it. But this – while remaining within the scope of the hypothesis that requires further clarity in the guidelines – would entail a more stringent and material control of the employee placed at a lower level, thus not limiting itself to the mere management and supervision of the work performed.
Doubts about the Green Pass in remote work
But there are additional opacities. If, on the one hand, the guidelines do not give space to the use of remote work for workers without a Green pass, the worker without certification could still be in possession of it as long as the company maintains the smart working regime by undergoing a swab. . But it may run out of it later, on non-working days. Furthermore, it is not specified how often the remote worker will have to demonstrate and exhibit the green certification, nor what will be the procedures for verifying its validity. By doing so, the employee would still be able to circumvent one of the principles underlying the Green pass, that of ascertaining and ensuring public health safety with a good degree of continuity.
Cover photo: ANSA