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Occupational Medicine Law

The agreement of the unified State Regions conference that makes mandatory drug test for Occupational Medicine, to workers in the transport sector, drivers of buses, trains, ships, aircraft pilots, flight controllers, drivers of earth moving machines and goods, etc., or for those who have to handle dangerous substances such as toxic gases, explosives and fireworks. An arrest from two to four months or a fine of up to almost 26 thousand euros is foreseen for the employer who does not remove the worker from dangerous tasks in the event of proven drug addiction. The worker who refuses the control risks arrest for up to 15 days and a fine of € 103 up to € 309 in addition to dismissal. The checks, the costs of which are borne by the employer, include medical examinations and laboratory tests. The goal is to prevent injuries and accidents, suspending the worker who tests positive, but also to favor the recovery of drug addiction, starting him towards rehabilitation programs, after which he can return to his duties. The agreement does not provide for dismissal if the rehabilitation process is accepted. If only occasional use is ascertained, the competent doctor can reconsider the unsuitability of the worker, after a favorable opinion in this sense from the Sert, but further checks will be envisaged. There is also the possibility for the worker to be assigned to different tasks. Due to the experimental nature of the agreement itself, it has been opportunely provided that on the basis of the experiences acquired and the evolution of scientific knowledge, the provisions can be updated. Many Regions promulgate procedures and guidelines to implement controls aimed at excluding the use of narcotic and psychotropic substances on certain categories of workers, here we report some additional documents of the different regions and the Regulations for Occupational Medicine.

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