CONSTRUCTION SITES IN TITLE IV

CSP and CSE Assignment

Among the various obligations imposed on the client or project manager, there is, in certain cases, the requirement to appoint a Safety Coordinator during the Execution phase (CSE) and/or during the Design phase (CSP).

The appointment of the coordinator is mandatory for all construction sites where there is the presence, even if not simultaneous, of several companies.

In such a situation of more than one firm, the appointment of the CSP must take place at the same time as the design assignment is awarded, and the appointment of the CSE must take place before the work is awarded.

The difference between the CSP and the CSE, as detailed in Articles 91 and 92 of Legislative Decree 81/2008 lies in the drafting of the Safety and Coordination Plan in the hands of the CSP and the practical implementation of the provisions laid down in the PSC in the hands of the CSE.

Article 91 Legislative Decree No. 81, April 9, 2008 – Obligations of the design coordinator

  1. During the design of the work and in any case before the request for bidding, the design coordinator:
    • draws up the safety and coordination plan referred to in Article 100, paragraph 1, the contents of which are detailed in Annex XV;
    • shall prepare a file, the contents of which are defined in Annex XVI, containing information useful for the purposes of prevention and protection from the risks to which workers are exposed, taking into account the specific standards of good technique and Annex II to the EU document of May 26, 1993. The file is not prepared in the case of ordinary maintenance work referred to in Article 3, paragraph 1, letter a) of the Consolidated text of laws and regulations on construction, referred to in Presidential Decree No. 380 of June 6, 2001.
  2. The file referred to in subsection (1)(b) shall be taken into account at the time of any subsequent work on the work.

Article 92 Legislative Decree No. 81, April 9, 2008 – Obligations of the coordinator for the execution of works

  1. During the implementation of the work, the construction coordinator:
    • verifies, with appropriate coordination and control actions, the application by the contractors and self-employed workers of the provisions relevant to them contained in the safety and coordination plan referred to in Article 100 and the proper application of the relevant work procedures;
    • verifies the suitability of the operating safety plan, to be considered as a complementary detailed plan of the safety and coordination plan referred to in Article 100, ensuring its consistency with the latter, adjusts the safety and coordination plan referred to in Article 100 and the file referred to in Article 91, paragraph 1, letter b), in relation to the evolution of the work and any changes that have occurred, evaluating the proposals of the executing companies aimed at improving safety at the construction site, verifies that the executing companies adjust, if necessary, their respective operating safety plans;
    • organizes among employers, including self-employed workers, cooperation and coordination of activities as well as their mutual information;
    • verifies the implementation of the provisions of the agreements between the social partners in order to carry out coordination between safety representatives aimed at improving safety at the construction site;
    • reports to the principal and the person in charge of the work, after written notice to the enterprises and self-employed workers concerned, the non-compliance with the provisions of Articles 94, 95 and 96 and the requirements of the plan referred to in Article 100, and proposes the suspension of the work, the removal of the enterprises or self-employed workers from the construction site, or the termination of the contract. In the event that the principal or the person in charge of the work does not take any action on the report, without providing appropriate reasons, the execution coordinator shall notify the local health unit and the provincial labor directorate with territorial jurisdiction of the non-compliance;
    • suspends, in the case of directly detected serious and imminent danger, individual works until verification of the adjustments made by the enterprises concerned.
  2. In the cases referred to in Article 90, paragraph 5, the execution coordinator, in addition to performing the tasks referred to in paragraph 1, draws up the safety and coordination plan and prepares the file, referred to in Article 91, paragraph 1, letters a) and b).

SANCTIONS

The Employer may incur the following main penalties (Legislative Decree 81/08).
All fines are to be increased by 9.60% in connection with the enactment of L.99/2013

Failure to designate the Design Coordinator: Arrest from 3 to 6 months or fine from 2,500 to 6,400 euros
Failure to designate the Construction Coordinator: Arrest from 3 to 6 months or fine from 2,500 to 6,400 euros

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