The government has published operational guidelines to provide more than 32 thousand Italian public administrations with indications for the correct performance of the activities of verification and control of possession of the Green Pass. In fact, from 15 October all employees of public administrations, and any other person who intends to enter a public office, with the exception of users, must have a Green Pass, acquired, or because they have been vaccinated for at least 14 days. or because you tested negative for the swab, or because you have recovered from Covid in the last six months. Therefore, visitors, participants in meetings, events or congresses, political authorities or members of the councils and assemblies of local and regional autonomies are included in the obligation of green certification, as well as any worker who goes to an office to carry out a business of their own or on behalf of their employer (maintenance workers, bartenders in the outlets, suppliers, couriers, lenders and attendants of training courses).
No exceptions are allowed. Smartworking workers do not necessarily have to have green certification but the remote working mode cannot be used for the purpose of circumventing the Green Pass obligation. Only those exempt from the vaccination campaign on the basis of suitable medical certification are excluded from the obligation.
The law decree 127/2021 establishes that the employer checks the certifications. This can also delegate the task to another manager, preferably with a managerial qualification, by means of a written document. However, each administration is autonomous in organizing the controls. The important thing is that control methods are used that do not cause delays or queues at the entrance to the workplace. The worker caught in the workplace without a Green Pass must be removed from the place of employment and will be considered unjustified absent until the green certificate is shown, including any holidays or non-working days in the period of absence. The same sanction is also applied in case of refusal to exhibit the certification. In relation to the days of unjustified absence, the worker is not due either the salary or other remuneration or emolument, however denominated, including all the components of the salary, also of a social security nature, foreseen for the working day not performed. The days of unjustified absence do not contribute to the accrual of holidays and involve the corresponding loss of length of service. In case, with the entry in
force of the obligation of green pass, “should an interruption of essential service emerge, the Mayor or the employer, for the other administrations, will be able to activate, as a matter of urgency, agreements between entities without particular formalities. For the same purposes, any internal reorganization measure may be adopted, such as mobility between offices or different areas, suitable for dealing with the possible impossibility of being able to employ staff because they do not have a green pass “. So, in other words, the worker without a pass can be replaced until he achieves it.
The Green Pass can be used by the employer only and exclusively to verify that the employee is in good standing to access the workplace, or provided with a vaccination passport. In no case will the verifications provide for the collection and storage of the data of the holder (date of the vaccine, recovery from Covid-19 or swabs carried out). It is not even allowed to request a copy of the audited certifications or their expiration. “It is expressly forbidden to keep the two-dimensional barcode (QR code) of the COVID-19 green certifications subject to verification, as well as to extract, consult, record or otherwise process for purposes other than those provided for” by law “as a result of controls “. The possession of the Green Pass, however, does not invalidate the obligations of isolation and communication to which those who contract Covid-19 or find themselves in quarantine are required. In this case, the worker must immediately implement all the measures already envisaged, starting with the disclosure obligations. Even if equipped with a Green Pass, it remains unaffected by the compliance with all the instructions provided by the employer to reduce the risk of contagion, such as the prohibition to go to the workplace in the presence of symptoms attributable to the disease.
For activities that require planning and scheduling including shifts (such as those carried out by organizations that provide transport services such as trains, buses, ferries, funiculars), the employer may request information from workers on the Green Pass with a period of advance, in any case not exceeding 48 hours, and only when necessary to guarantee effective work planning. However, this hypothesis does not invalidate the obligation to carry out access controls or random checks. The decree-law 127 of 21 September in fact, it allows sample checks, on a daily basis on an audience of not less than 20 per cent of the staff in service, ensuring the rotation and therefore the control of all staff.
To verify possession of the green pass, administrations will have to carry out access controls. However, when organizational needs do not allow it, they are required to carry out random checks at the workplace. To “ensure effective and efficient” verification of the Green pass in the workplace, the Ministry of Health “makes specific functions available to employers” for “daily and automated” verification. The use of “a development package for applications, issued by the Ministry of Health with an open source license”, which can be “integrated into access control systems, including attendance detection systems” is foreseen. However, the “VerificationC19” application is still available for all administrations. For all administrations that use the NoiPA platform, an asynchronous interaction is foreseen between the NoiPA platform and the national-DGC platform for the verification of green certifications, which will be made available for free on the NoiPA portal. For all administrations with more than 50 employees, on the other hand, with priority for those who do not use the NoiPA platform, a new service published on the INPS institutional portal that allows asynchronous verification of the
green pass with reference to the list of tax codes of its employees, known to the Institute at the time of the request. Finally, for all administrations with at least 1000 employees, equipped with personnel management information systems, even with service offices located in several physical locations, applicative interoperability with the national platform-DGC is envisaged, subject to authorization and accreditation.
In order not to concentrate an excessive number of personnel at the access and verification points of the possession of the green pass, each administration will have to expand the entry and exit ranges from the workplaces of the staff employed by them.