“Health and Safety, the disclosure on risks is the responsibility of the employer” (Sole 24 Ore and Il Quotidiano del Lavoro, 18 May 2017 – Vittorio De Luca, Federica Parente)
The law on smart working states that the employer “guarantees” the health and safety of the worker and, for this purpose, provides to him/her as well as to the workers’ safety representative, at least once a year, a written information notice explaining the general and specific risks associated with the particular implementation of the employment relationship. In turn, the worker must cooperate in the implementation of the preventive measures established by the employer. Moreover, the law also calls for the worker who is performing his/her smart working tasks to be covered by INAIL also for accidents occurring during travel from the place of residence to the one selected for performing the work. However, in such a case, the effective coverage of the insurance is subordinate, in addition to the conditions established in the Consolidated Law for compulsory insurance, to the fact that the employee’s choice of the place where to perform the work is dictated by needs associated with the performance of the work itself or the need to reconcile life requirements with work requirements meeting “reasonableness criteria”.