The unions are drifting too far on vaccines and green passes
Giuliano Cazzola's analysis
It is also possible to archive, in the name of “ neo-rightism '', the principle according to which the freedom of each of us ends where that of the others begins and to believe that ours is a sort of absolute right to which others must submit and that's it. But we cannot accept – nor believe it credible – that the theory of “ homo homini lupus '' has prevailed in those communities – such as workplaces – where people spend the majority of their lives together, with a spirit of collaboration and solidarity. .
I have the impression, however, that in the pantomine on the Green pass and vaccinations an important issue is not taken into account: the virus does not stop behind the walls of companies and does not spare workers. The measures adopted in the April 2020 security protocols made it possible to reopen economic activities and to contain (these are always relative judgments) the spread of the contagion thanks to the precautions indicated for access and stay in the business premises. But they are far from having solved the problem.
It is known that contracting Covid-19 “ at work '' is considered an accident and as such protected in the context of the employment relationship and therefore in the context of the duties and obligations that pertain in particular to the employer, who , pursuant to article 2087 of the civil code. civ. '' is required to adopt the measures that, according to the particular nature of the work, experience and technique, are necessary to protect the physical integrity and moral personality of the employees in the business ''.
In essence, it is a “ closing '' rule on accidents that imposes obligations on the entrepreneur that go beyond the current regulatory context (in our case the Consolidated Law No. 81/2008 and subsequent amendments) having as a dynamic limit '' experience and technique '' in their evolution over time, even before their use is implemented by law. This regulatory framework should be taken into consideration to justify the concern of companies in demanding a certification of temporary immunity from employees and third parties who access the common areas. Especially when the first orders of the judges called to examine (even before this line of conduct was provided for by law) the appeals of workers suspended without pay because they were not vaccinated, established the persistence of the employer's liability also with regard to the possible damages suffered in occasion of work (and therefore also in itinere) by an employee who has not been given – by his will – the vaccine.
But beyond these legal skirmishes, what were the consequences of the pandemic in the world of work?
Since we are in the presence of accidents at work reported to Inail, the statistics are reliable and public. From January 2020 to August 2021 there were just under 180 thousand reports of accidents from Covid-19, of which 747 cases with fatal outcome. Following the trend of injuries and deaths, it is clear that the scenario has changed since the mass administration began, once the vaccines became available. In the year 2020, with 548 deaths from Covid-19, 73.4% of all fatal cases from contagion received up to 31 August of this year were determined; April (194 deaths) was the month with the highest number of events, followed by March with 139 cases.
In 2021, the 199 deaths from Covid-19 in the first eight months currently account for 26.6% of the total fatal cases from contagion received since the beginning of the pandemic. Basically, if in the year 2020 the average incidence of deaths from Covid-19 on the total of all fatal cases reported was about one in three, in the first eight months of 2021 it dropped to about one in five. The downward trend is also confirmed with regard to the number of accidents from Covid-19 out of the total of accidents at work. In general, if in 2020 the average incidence of Covid-19 reports on the total of all reported accidents was one in four, in the first eight months of 2021 it dropped to one in ten.
Accident reports with fatal outcome from COVID-19 received by Inail (occurrence period January 2020 – August 31 2021)
Accident reports from COVID-19 received by Inail (occurrence period January 2020 – August 31 2021)
If this is the reality, the trade unions – just when they are discussing measures to implement safety in the workplace with the government – should realize that injuries from Covid-19 also exist and have serious effects (in 2020 a complaint out of four involved an injury of that type). For a singular destiny, the green certification has become the “ Saracen '' of the joust, in the sense that the line of confederations remains attested – explicitly or concealed – on two options: the mandatory nature of the vaccine or the use of a swab.
The conflict focuses on who pays for nasal penetration. Obviously the no vax-no pass movement is too varied to be traced back, as a whole, to this approach, which – in my opinion – is meaningless. If vaccination were to become mandatory, the administration could not be presumed, but should be, where appropriate, certified and verifiable, given that its importance for public health is recognized, so much so that it is required by law. As for the swab, the means that documents the outcome would not only serve the worker to enter the company, but also for the other activities of daily life that require proof of immunity from contagion.
What value could an employer-issued Green pass have? In any case, if he wants to go to the cinema, to lunch in a restaurant or even to the canteen with other colleagues, he will have to carry with him a suitable certification of his incredible masochism. And show it on request.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/i-sindacati-sbandano-troppo-su-vaccini-e-green-pass/ on Tue, 19 Oct 2021 09:06:06 +0000.