Condominium work and the risk of falling from heights: what can the administrator do to protect himself?
Regarding workplace safety, Legislative Decree 81/2008 and subsequent amendments clarifies that, in the case of work carried out in condominiums, the condominium administrator is to be considered the client whenever he entrusts maintenance work to third parties.
Routine building maintenance is essential to ensure the long-term value of the condominium. It is also a legal obligation for condominium administrators; in fact, pursuant to Article 1130, paragraph 1, no. 4, of the Italian Civil Code, the administrator is required to "perform conservation measures for common property." Conservation measures also include routine maintenance work on condominium roofs, such as cleaning gutters, cleaning chimneys, replacing broken tiles, maintaining antennas, etc. In all these situations, it is mandatory to prevent the risk of falling from heights.
Condominium roof maintenance work: what the law says about responsibilities
With regard to the job securityLegislative Decree 81/2008 and subsequent amendments clarifies that, in the case of work in condominiums, the condominium administrator is considered the client whenever maintenance work is outsourced. It is therefore the administrator's responsibility to verify the technical and professional suitability of the company or self-employed worker for the maintenance work contracted out. Furthermore, the condominium administrator is required to submit the Risk Assessment Document (DVR), informing workers of all potential risks associated with the work to be performed. The administrator cooperates in implementing occupational risk prevention and protection measures that impact the work activity covered by the contract. This translates into paying any costs necessary to ensure worker safety during the work.
Why install fall protection systems on your condominium roof?
Of course, the condominium administrator can employ several tools to avoid liability related to accidents during maintenance work in the condominium. The first tool is to permanently secure the roof. Specifically, it is possible to install suitable fall arrest systems for the roof. Once the most suitable fall arrest system is installed for the condominium's roof, anyone carrying out maintenance work can do so safely, without the risk of falling from heights, thus ensuring the building's perfect efficiency.
The second tool available to the condominium administrator is to relieve themselves of the burdensome responsibility for any accident. The administrator presents to the meeting the need to secure the building's roof. If the meeting opposes installing a permanent security system, it will be necessary to prevent anyone from accessing the roof, recording this in the meeting minutes, and declaring it an unsafe workplace pursuant to Articles 111 and 115 of Legislative Decree 81/2008.
From that point on, the condominium owners will be responsible for any access not authorized by the administrator. I also recommend placing a clearly visible sign prohibiting access near the access point to the roof.
In the event of urgent maintenance, it will be necessary to use temporary scaffolding or parapets, which are notoriously expensive. Please note that the use of baskets to access the roof is prohibited. The standard baskets used for this purpose are not approved for access at height. It is crucial that the building administrator is well-informed on this matter, as any accidents resulting from these circumstances fall squarely on the administrator's shoulders.