[Comment to DPR 177/011].

The subject of this study is the analysis of DPR 177/2011 regarding occupational safety in confined environments suspected of pollution The study wishes to represent a platform for the knowledge of the relevant principles and issues that are the functional basis for occupational health professionals, to offer a scheme in which it is possible to implement local actions of occupational prevention in the confined spaces and to help Italian intervention plans Italian within the European area, such, e.g., the present "Healthy workplaces campaign working together for risk prevention" promoted by the European Agency for Safety and Health at Work. The interiorization of this behavioural scheme is needed for professionals and authorities in the occupational safety systems, both public and private, who have the institutional duty to obtain trheir effectiveness. To observe the safety system in the specific matter of confined spaces, their essential elements were considered. These elements were identified both in the DPR 177/2011 and in other pertinent documents. This study doesn't pretend to identify all relevant documents, but wishes to underline the open structure of the system for acquiring non strictly juridical documents, such as ICOH guidelines and International code of ethics for occupational health professionals and pertinent authorities. A specific matter of the study is the different role of rules and ethical principles in verifying the adequacy of the safety system. The role of guidelines and ethic principles in the internal evaluation of legal value was examined for their relevance in order to decide on adequacy of the employer's management in safety matter adequacy which can by evaluated looking at his effective knowledge of spaces and good selection of managers and professionals. Furthermore, the study establishes how central--in reaching the safety--is the method based on effectiveness in managing the prevention in occupational health. The managerial method, not based on formal interpretation but on the effective situation of the spaces and of the human resources, is a critical element in safety systems and represents an acceptable scheme for the conduct of the subjects in charge for the production cycle. They are those who effectively decide on the site, except for some situations, as it is for example the prevision of managerial liability for activity in outsourcing. It has been stressed in this study the dynamicity of safety system in confined spaces which can be derived by the employer's duty of vigilance for interference risks between his activity and the activity of other enterprises operating in outsourcing. This duty it is permanent in every space and moment of production cycle. This context of functional responsibility, and liability when it exists, based on reality as well as on the knowledge of the spaces and human resources, shows the central function of qualified MD and his functionality in both aspects. In the first, he is able to understand various risks existing for health. In the second, for the many strict contacts with workers, he can participate in developing their information and formation, which have educational importance for the safety system of the occupational health. To conclude about the occupational safety system, this study stresses that the activity of qualified MD is not a simple surveillance carried out by medical examinations as a routine, but it is a strategic issue for the realization of organizational wellness at work, which is functional to respect both the human rights and an efficient production cycle.