If a student or teacher is found positive for Covid, safety protocols are triggered in the school, with mandatory quarantine for all those who have had direct contact with the infected person. Nobody excluded. Ata staff too. What, on the other hand, the headmaster of an Umbrian school would have left in service: the school collaborators not only remained in service, but also had to sanitize the premises frequented by those who tested positive for the virus. One of them, a 53-year-old school worker, first fell ill and then died. About a month after the incident, the victim’s nephew, a lawyer by profession, decided to report the school for manslaughter caused by failure to comply with ministerial protocols.
Was there negligence?
“He had only me – said the lawyer Messaggero – and it is to protect his memory that I denounced. I’m not looking for culprits, if there has been some negligence it’s not up to me to point them out. Having justice won’t change my loss. But I want to protect his memory ”.
According to the lawyer, the employer – the head teacher and the ministry itself – would have direct responsibility for what happened, because “by contravening the obligations to protect the worker, he violated the provisions of the emergency legislation as well as the memoranda of understanding drawn up by the government institutions for the resumption of school activities and the measures to be taken in the event of a positive response to the Covid-19 virus “.
In the complaint – the Nation of Umbria and then other newspapers report – the defense qualifies the case as an accident at work, as also sanctioned by Cura Italia and by the Inail circulars.
In addition, the story is retraced: after the positivity of a teacher at Covid, the manager decided to close only one section but did not take any measures against Ata staff. This is because they would not have been considered “contact” in a positive case and therefore continued to go to work, also taking care of sanitizing the environments in which the infected teacher had worked.
The Protocol not adopted?
When instead – the family believes – both school collaborators had to be subjected to quarantine in compliance with the “Protocol regulating measures to combat and contain the spread of Covid-19”.
The point on which the prosecutor will dwell will be precisely this: on the basis of what criteria should the head teacher have considered the school collaborators of the direct contacts of the teacher positive?