AIR TREATMENT

For many years DEFENSOR SRL has been offering the industrial, healthcare and hotel sectors a complete service for the maintenance, sanitation and energy optimisation of air treatment equipment and related accessories.

It is therefore possible to guarantee an internal environment that is not only clean but also safe and healthy; these are necessary conditions for the satisfaction of guests and workers but also useful for the reduction of biological risks, thus reducing costs associated with any extraordinary emergency interventions.

AERAULIC TRANSFER

(Legislative Decree no. 81/2008 / L.G. 7 r 2013 Rep. Acts 55/CSR)

Operating procedure:

REHABILITATION OF AERAULIC SYSTEMS

In indoor environments, air quality assumes an important significance because it is treated by systems that modify its characteristics. In these phases there may be proliferation of contaminations which are consequently conveyed by the flow of air into confined environments in which it resides or passes through; it undergoes strong contact with the treated atmosphere and consequently with the probable pathogens contained in it.

The proposed intervention is aimed at limiting the diffusion of pathologies linked to air conditioning systems; these interventions help to make the indoor climate healthier and consequently make the working environment adequate to the requirements of the Consolidated Law on Safety (Legislative Decree 81/08) and specified in the Guidelines defined in the State-Regions Agreement of 7 February 2013.

In confined areas, where the air is supplied from outside through appropriate equipment, the status of the plants in charge of this function must be monitored in order to avoid pollution in the workplace.

Controlling air quality is essential to avoid spreading pathogens dangerous for human health.

 

Considering the sanitary, judicial, economic and image implications that can derive from episodes of diseases related to a building, the most pragmatic approach is to do everything possible to put in place all the necessary measures to counter the onset of these events.

The regular replacement of filters in Air Handling Units (AHUs) or in the fan coils does not guarantee total healthiness of the system. As indicated in the guidelines, it is necessary to carry out visual and technical checks aimed at establishing the situation of our equipment.

At this point, if the instrumentation is not suitable for system verification, it is necessary to intervene to restore the correct hygienic-sanitary conditions of the systems and consequently of working environments.

The suggested action is an accurate reclamation of AHUs and fan coils to obtain a correct hygienic state, a saving on energy efficiency and, lastly, compliance with current regulations.

The primary objective of the proposed intervention is cleaning and disinfection of the machines that operate the air treatment and consequently the ducts connected to it, without neglecting the accessories for air diffusion.

 

The current normative sources that regulate the matter and the possible consequences deriving from their transgression.

The need to ensure a good quality of the air breathed in confined spaces had its first normative translation in 1989 through European Directive no. 89/391 / EEC – 89/654/EEC, which dictated the minimum provisions for safety and health to be complied with in the workplace.
Italian legislation then implemented this Directive through promulgation of Legislative Decree 19.09.1994 No. 626. Under this law, the problem of indoor pollution and its possible repercussions on human health was considered by art. 33, paragraph 6, point 4, which intervened to replace the text of art. 9 of Presidential Decree 19.03.1956, No. 303.
The legislative landscape evolved with Leg. Decree 81/2008 Consolidated Law on the protection of health and safety in the workplace, published in the Official Journal on 30 April 2008. More effectively than in the past, it considers the problem constituted by the possible contamination of aeraulic
systems. In particular in Annex IV – Workplace requirements in point 1.9 Microclimate, sub-item 1.9.1. Aeration of closed workplaces is foreseen:
1.9.1.1. In closed workplaces, it is necessary to ensure that, taking into account the working methods and physical efforts to which the workers are subjected, they have healthy air in sufficient quantity, preferably obtained with natural openings and, when this is not possible, with aeration systems.
1.9.1.2. If an aeration system is used, it must always be kept functional. Any
breakdown must be signalled by a control system, when this is necessary for
safeguarding the health of workers.

1.9.1.3. If air conditioning or mechanical ventilation systems are used, they must operate in such a way that workers are not exposed to annoying
currents of air.
1.9.1.4. The same systems must be periodically checked, maintained,
cleaned and sanitised for the protection of workers’ health.
1.9.1.5. Any deposit or dirt likely to create an immediate danger to the health of workers by polluting the atmosphere must be removed without delay.

 

Art. 63 of the decree, containing the health and safety requirements for the workplace, provides in paragraph 1 that “the workplace must comply with the requirements set out in Annex IV”.
The person responsible for ensuring that this takes place is, according to the subsequent Article 64, paragraph 1, the employer.
As we see for our purposes, the provisions contained in points 1.9.1.4 and 1.9.1.5., which have an evident “generic” character, are important because they are limited to enunciating a principle of conduct without providing the necessary technical specifications; specifications are detailed in the subsequent Guidelines of 7 February 2013
Rep. Acts no. 55/CSR

In order to technically specify the aforementioned provisions, the Ministry of Health subsequently issued three important texts in the form of Guidelines, then adopted by the Permanent Conference for relations between the State, Regions and the Autonomous Provinces of Trento and Bolzano.
The first of these regulatory texts, adopted at national level on 4 April 2000, read textually
“Guidelines for the Prevention and Control of Legionellosis”. It is important to read article 7, dedicated to the correct hygienic-sanitary maintenance to be implemented in water and air conditioning systems.
On the other hand, the second normative text mentioned, adopted on 27 September 2001 and published in the Official Journal, Ord. Supp. no. 276 on 11/27/20 01, contains the “Guidelines for the protection and promotion of health in confined environments”.
In this text, paragraph 5.3.1, which contains information about the hygienic requirements that air conditioning systems must necessarily have, assumes importance.
The third regulatory text mentioned, adopted on 5 October 2006, contains the “Scheme of guidelines for the definition of technical protocols for predictive maintenance on air conditioning systems”.
This text further specifies the hygienic requirements that air conditioning systems must have and defines the predictive maintenance operations to be carried out on the aforementioned systems.

Nevertheless, as we shall see, transgression of this rule is immediately accompanied by a complex system of sanctions.
a) The sanctioning profile provided for by art. 68, paragraph 1, letter b) of the new Consolidated Law for the
employer or responsible officer who fails to comply with the articles mentioned is punished:
with arrest from 3 to 6 months or with a fine from € 2,000.00 to € 10,000.00.
b) The civil law profile linked to the possible action for compensation for biological damage (pursuant to art.
2043 of the Civil Code) and for moral damage (pursuant to Article 2059 of the Civil Code), also in consideration of the provisions of art. 2087 of the Civil Code In addition to the special rules described above, it should be remembered that Italian law, in any case, requires the entrepreneur (Article 2087 of the Civil Code) to “take the measures that, depending on the particularity of the work, the experience and the technique, are necessary to protect the physical
integrity and moral personality of workers”: violation of this rule implies the obligation of the employer to compensate for the damage caused due to their omission.
c) The criminal profile deriving from the integration of some cases of culpable offence, such as
for example that provided for by art. 452 of the Criminal Code (Culpable offences against public health),
by art. 590 of the Criminal Code (Personal injury through negligence) and by art. 589 of the Criminal Code (Culpable homicide).
We have seen that the system of sanctions created by Presidential Decree 303/56 and the procedure provided for by
articles 20 and 21 of Legislative Decree 19.12.1994, no. 758 allows the “guilty” entrepreneur, if he fulfils the terms and according to the procedures indicated on the prescription, to avoid enforcement of the ordinary
criminal proceeding: in such cases, in fact, he is allowed to pay the fine due in administrative terms, thus avoiding transmission of the documents to the Public Prosecutor and this explains, at least in part, why
criminal judgments have been published by the Supreme Court on the subject.

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