COVID SECURITY: URGENT REQUIREMENTS FOR HEALTH PROFESSIONS
DL 01/04/2021 N.44
Following the publication of Decree Law No. 44 of 31.03.21 “Urgent measures for the containment of the epidemic from covid-19 and in the matter of vaccinations against SARS-CoV-2” we send, in attachment, the communication of the Lombardy Region with which it asks by today 06/04/2021 to send to the pec (from pec to pec) firstname.lastname@example.org the names of its employees with the indication of the qualification, place of residence, tax code, date and place of birth.
Summarising Article 4 of DL 44/2021:
Article four provides real behavioural instructions for health and social workers.
Health professionals and health care workers who carry out their activities in public and private health, social and health care and social assistance facilities, pharmacies, parapharmacies and professional practices are obliged to undergo free vaccination for the prevention of infection with SARS-CoV-2″, in accordance with the regional vaccination plan. 2 infection, in accordance with the regional vaccination plan.
In accordance with paragraph 2, vaccination is not compulsory ‘only in the event of an established health risk, in relation to specific documented clinical conditions, or in the event of a serious health risk, in relation to specific documented clinical conditions, certified by the general practitioner’.
Therefore, outside of special contexts, every health worker will be required to undergo vaccination, whether it is a freelancer, whether it is an employee, we clarify the paragraph 3 of the same article that defines that “within five days from the date of entry into force of this decree, each local professional association transmits the list of members, indicating the place of residence, to the region or autonomous province in which it is based. Within the same time limit, employers of healthcare workers who carry out their activities in public or private healthcare, sociomedical, socio-assistance establishments, pharmacies, parapharmacies and professional practices shall forward the list of their employees with this qualification, with an indication of their place of residence, to the region or autonomous province in whose territory they operate’.
“Within ten days from the date of receipt of the lists referred to in paragraph 3, the regions and autonomous provinces, through the vaccine information services, verify the vaccination status of each of the subjects included in the lists”; if the worker has not been vaccinated, the same will be called to present the vaccination certificate within 5 days, or any medical documentation certifying the conditions of “exemption”, or even the submission of the request for vaccination or the absence of the conditions for the vaccination.
If, on the other hand, the worker has voluntarily decided not to be vaccinated, ‘after the expiry of the aforementioned five-day period, the local health authority shall, without delay, formally invite the person concerned to undergo the administration of the SARS-CoV-2 vaccine, indicating the procedures and time limits within which the obligation is to be fulfilled’.
At this point, if the worker again decides not to undergo vaccination, what happens?
The local health authority will send the list of non-vaccinating workers to their respective professional bodies and, in the case of employees, to their employers. Therefore, in this context (without prejudice to the proper treatment of the particular data for privacy purposes) the confidentiality of the data is lost, which in most cases should be treated exclusively by the competent doctor and never by the employer (ed. Faq of the Guarantor of 17 February 2021 of 1 March 2021).
Download the attached communication (in Italian) from Regione Lombardia: TRANSMISSION AND RELATED FULFILLMENTS OF L.D. N. 44 OF 31/03/2021.
LDP Payroll remains at your disposal for any further clarifications.