National Association of Builders draw up the code conduct business buildings
The Code of Conduct for construction companies product by Ance: a tool that helps companies in the task of establishing suitable models of organization and management of health and safety at work.
In reference to the Management System of Occupational Safety (OHSMS) - as indicated by the Legislative Decree no. 231/2001, by Law 123/2007 and article 30 of Legislative Decree no. 81/2008 - present the "Code of behavior of construction companies "compiled by the National Association of Builders (ANCE) and approved by the Ministry of Justice (2008 version) as a source to facilitate the construction companies in the task of establishing suitable models of organization and management of health and safety on the job.
Recall that the Legislative Decree no. N. 231/2001 establishes the administrative liability of legal persons for various offenses (corruption, bribery, fraud, false corporate crimes, market abuse, ...) committed by employees or persons vested with powers of representation, administration or management.
In particular, art. 9 of Law no. 123/2007 extends the administrative liability of legal persons for offenses of manslaughter and negligent injury with serious or very serious violation of safety regulations and the protection of health and safety at work, providing heavy economic sanctions and disqualification.
However, such penalties are exempt from companies that have adopted and effectively implemented, prior to the commission of the act, the organization and management are suitable to prevent the offenses referred to above.
And in Legislative Decree 81/2008 provides guidance on suitable models for you to be effective exemption from administrative liability of legal persons, companies and associations without legal personality under Legislative Decree no. 231/2001.
To facilitate the adoption of appropriate models of organization and management ANCE has produced - in accordance with paragraph 3 of Article 6 of Legislative Decree no. 231/2001 - a Code of Conduct, drafted in September 2004 and subsequently updated on the basis of which firms can prepare their organizational models.
This Code of conduct of the construction in the appendix contains both the ethical principles which should guide the business activity, and design assumptions for the definition of organizational models.
The two appendices, the "Code of Ethics" and the "Model - type of organization, management and control," they in fact "the purpose of providing participating institutions ANCE an operational guide" for the preparation of relevant internal documents in accordance with the provisions of the "Code of Conduct" and have a "character but not limited to, having to necessarily be the subject of specific and accurate assessment by each institution, in the light of operational peculiarities, and organizational dimensions."
Regard to the Code of Conduct upgrade work has implemented taking into account aspects related to safety and environmental highlighting - as indicated in a note ANCE - "organizational benefits that can be derived, in the preparation of the model of crime prevention, from 'have adopted management systems for the safety and / or the environment. "
And it was added a new chapter that examines the responsibility of the individual companies (Legislative Decree no. 231/2001) "when operating in pool (horizontal ATI, ATI vertical consortium) with other companies."
Then, regarding the Code of Ethics that "defines the rules of conduct in relations with the outside and with collaborators, have been strengthened points relating to 'Health and safety' and 'Environment'."
Appendix "Model-type of organization, management and control" were then inserted new areas at risk of committing crimes have been revised and sensitive processes related to these areas "through the introduction of specific protocols for training and the 'implementation of the decisions that have a potential impact on safety and the environment. "
Were included also scratch the "process safety management" and "management process for the environment."
The index of the document:
Introduction
Instructions
First Part
GENERAL PROVISIONS
1. Subjects
2. Purpose
3. Code of Ethics
4. Adaptation and updating of the Code of Conduct
Part Two
PROVISIONS RELATING TO MODELS OF ORGANIZATION, MANAGEMENT AND CONTROL
5. Models of organization and management
6. Identification of activities at risk of committing crimes
7. Protocols for the formation and implementation of decisions
8. How to manage financial resources
9. Disciplinary System
10. Supervisory Board and the disclosure requirements
11. Small-sized entities
12. Implementation and updating of the model
13. Companies with a management system for quality, safety and / or environment
14. Liability in contracts acquired by the group or consortium
Appendices
A. Code of Ethics
B. Model type of organization, management and control of the company's activities for the prevention of illegal acts or behavior contrary to the provisions of the Code of ethics
Manual analysis of the organization prior to the adoption of the organization, management and control
05/10/2009
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Translated via software
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Source:
Italian version of ReteIngegneri.it