Procurements and Events

art. 26 d.lgs. 81/2008

Specific mention is made in the legislation on workplace safety to the special case of safety management in the event of contracted works and temporary events, whether private or open to the public, in the two key phases: outfitting/dismantling and when the contract or event is in progress.

These activities are mainly regulated by article 26 of Legislative Decree 81/2008, which deals with the obligations related to tender contracts, works contracts or short-term employment contracts, i.e., the management of activities that also involve third parties.

 

Applying article 26 to events

In drawing up a “DUVRI”, all potential risks stemming from interference are assessed, the preventive and protective measures to be adopted to reduce such risks are identified and an Emergency Plan is developed, which includes an analysis of potential situations that could be classified as emergencies together with the procedures to manage them, in essence, preparing a DUVRI allows the contracting employer to manage the presence of various contractors and the public correctly both during preparation and during the event.

We also consider it advisable for the contracting employer to check the technical and professional suitability of contractors and subcontractors more stringently than is envisaged in the law (article 26 paragraph I letter a.2) before assigning contracts. This is also a key step to protect the client’s brand.

 

Applying the Decree on staged events, the “Decreto Palchi”

When events are staged which require the temporary installation of equipment that may include sound, lighting and technical systems for stages, falling within the scope of the so-called “Decreto Palchi” (Italian Inter-ministerial Decree of 22 July 2014), the regulations set out in the Temporary and Mobile Construction Sites Standard – Title IV of Legislative Decree 81/08 shall apply, subject to certain limitations and/or exclusions. 81/08.

 

Key points for the application of these regulations

Particular attention must be paid to examining cases in which there are doubts as to whether or not the outfitting/dismantling phases actually fall within the scope of the “Decreto Palchi”. Importance must also be attached to ensuring that the mandatory documentation is complete, for example certification of Technical and Professional Suitability and the “DUVRI”, which are often not provided in a correct and timely manner, or which do not take into due account certain essential aspects, such as verifying that those involved in setting up/managing the event have completed the minimum training requirements.

Our best practices are more stringent and rigorous than the applicable legislation; two goals are pursued: full compliance with the intentions – explicit or not – of the legislator, and protection of the company from harm to its brand image that could result from a carelessly organised event.