Pursuant to D. L. of March 17, 2022 No. 24, as of May 1, many of those rules-especially those pertaining to the use of the face mask and green pass-that have punctuated the country's emergency organization in the work environment to date have changed.
As of May 1, in fact, it is possible to enter freely-that is, without the mandatory display of the green pass-in many places, such as: food service businesses, gyms, cinemas, theaters; and it is possible to attend ceremonies and conventions. In addition, the need for the green pass also lapses for using means of transportation, on which, however, we remind you that the obligation to wear the Ffp2 mask still applies until June 15.
Even for access to workplaces, it does not appear to be mandatory to show the green pass, although some exceptions will remain; in fact, it will continue to be essential to show the super green pass to access hospital facilities and RSAs. In addition, for workplaces-except for hospital facilities-the requirement to wear face masks has not been extended, but these remain recommended safety devices.
Therefore, employers in the private sector - should they see fit - may decide to retain the current protocols and extend the mandatory use of face masks. This discretion of choice could certainly place an additional - and risky - burden on employers, who are ultimately left with the responsibility of deciding whether to possibly disapply previous protocols. In the opposite sense, as a tool of flexibility, however, employers will have the possibility, on the basis of certain determined factors related to the specific business reality (think of the specific risks of the task, the working environments, the way the service is carried out, the number of employees on the force, etc.), to opt for differentiated choices that are more congenial to them.
In order to orient themselves in their choice, the recommendations addressed by the Ministry of Civil Service to civil service offices for which the use of the Ffp2 mask is recommended, in particular, for staff in contact with the public without suitable protective barriers, for those in the canteen queue or other common spaces, for those who share a room with "fragile" staff, in elevators and in cases where spaces cannot exclude crowding, can serve as a point of reference.
It seems useful to point out again that Decree Law 24/2022, the so-called "Reopening Decree," extends: i) to August 31, 2022 the possibility for private employers to use agile work in a simplified form; ii) to June 30, 2022 the right of "fragile" employees to perform work in agile mode (if it is compatible with the characteristics of work performance).