Decree Law no. 19 of 2.03.2024, converted with amendments by Law no. 56 of 29.04.2024, amended art. 27 of Legislative Decree no. 81/2008, introducing the credit licence at temporary or mobile construction sites.
STAKEHOLDERS
With effect from 01.10.2024, ‘enterprises and self-employed persons working at temporary or mobile construction sites referred to in Art. 89(1)(a), with the exclusion of those carrying out mere supplies or services of an intellectual nature’ are required to possess the licence.
Thus, they must be in possession of a driving licence:
Companies that do not necessarily qualify as construction (plant engineering),
The self-employed who physically operate on construction sites.
Those who carry out mere supplies or services of an intellectual nature (e.g. engineers or surveyors) are excluded.
Also excluded are companies in possession of the SOA qualification certificate, in a classification equal to or higher than III (Art. 100, paragraph 4, Legislative Decree no. 36/2023).
REQUIREMENTS
Per il rilascio della patente devono essere posseduti i seguenti requisiti:
- Registration with the Chamber of Commerce, Industry, Handicrafts and Agriculture,
- Fulfilment, by employers, managers, supervisors, self-employed workers and providers of labour, of the training obligations provided for by Legislative Decree no. 81/2008,
- Possession of the valid Single Document of Contribution Regularity,
- Possession of the Risk Assessment Document, in the cases provided for by the regulations in force,
- Possession of the Certification of Fiscal Regularity, pursuant to Article 17-bis, paragraphs 5 and 6, of Legislative Decree no. 241/1997, in the cases provided for by the regulations in force,
- Appointment of the Head of the Prevention and Protection Service, in the cases provided for by the regulations in force.
Not all requirements are required of all categories of stakeholders. In fact, for the last three points, the legislator specifies ‘in the cases provided for by the legislation in force’.
The licence is issued in digital format by accessing the portal of the National Labour Inspectorate through personal SPID or CIE.
Possession of the requirements for the issue of the licence is subject to self-certification/substitute declaration in accordance with Presidential Decree No. 445/2000. Any falsity will therefore be criminally punishable.
After submitting the application, pending the issue of the licence, it is in any case permitted to carry out activities, unless otherwise notified by the Inspectorate if the body ascertains the absence of one or more of the applicant’s requirements.
In the first application phase, it is possible to use a self-certification model attached to INL Circular no. 4 of 23.09.2024 to be sent by PEC to the address
dichiarazionepatente@pec.ispettorato.gov.it
The transmission of the self-certification/substitute declaration sent via PEC is effective until 31.10.2024 and binds the operator to submit the licence application via the Inspectorate portal by the same date.
As of 01.11.2024, it will NO longer be possible to operate at construction sites by virtue of the transmission of the self-certification/substitute declaration via PEC, as it is essential to have made the application for the issue of the licence via the portal.
The licence may be revoked if there is an untrue declaration on the fulfilment of one or more requirements, ascertained by a post-issue check. 12 months after revocation, the enterprise/self-employed person may apply for a new licence.
The requirements will be checked on a random basis, either ex officio or during inspections.
The adoption of the revocation measure will not disregard a comparison with the company/self-employed person holding the licence and an assessment of the seriousness of the facts to be considered for the revocation of the licence.
LICENCE CONTENTS
The licence will contain the following information:
- Identification data of the legal entity, sole proprietor or self-employed person holding the licence,
- Personal data of the person requesting the licence,
- Date of issue and licence number,
- Score given at the time of issue,
- Score updated on the date of query of the portal,
- Outcome of any measures to suspend the driving licence following an accident resulting in the death or permanent disability of the worker Art. 27, paragraph 8 Legislative Decree no. 81/2008,
- Outcome of any final administrative or jurisdictional measures resulting in the reduction of driving licence credits, Art. 27, paragraph 6, Legislative Decree no. 81/2008
SUSPENSION OF DRIVING LICENCE
According to Article 27(5) of Legislative Decree No. 81/2008, ‘if accidents occur at construction sites … resulting in the death of the worker or in permanent, absolute or partial inability to work, the National Labour Inspectorate may suspend as a precautionary measure the licence referred to in this Article, for up to 12 months. An appeal against the suspension measure is admissible pursuant to and for the purposes of Article 14(14)’.
The investigation of the accident events that may lead to the suspension of the driving licence will focus on the causal link between the accident event and the omissive/commissive conduct of the employer.
As for the suspension of the driving licence for a fatal accident event, Ministerial Decree No. 132 of 18.09.2024 states that its adoption is compulsory without prejudice to a different assessment of the Inspectorate adequately motivated.
The suspension may last up to 12 months and is determined by taking into account the seriousness of the accident and the health and safety violation and any recidivism. An appeal may be lodged against this measure within 30 days of notification of the measure, with the Interregional Labour Directorate which is territorially competent on the basis of the Office that adopted the measure. The Directorate, within 30 days, will rule on the appeal, otherwise the measure will lose its effectiveness.
Once the suspension measure ceases to have effect, the competent territorial inspectorate office will verify the restoration of safe working conditions at the worksite concerned.
CREDITS
The licence comes with an initial 30 credits that can be increased up to the maximum threshold of 100 credits.
If the licence is not endowed with at least 15 credits, it will not be possible to continue working on site, except for the completion of contracted or subcontracted work in progress when the work performed exceeds 30% of the contract value.
If you operate on the construction site without a licence or with a licence that has less than 15 credits, an administrative sanction equal to 10% of the value of the works entrusted on the specific construction site and, in any case, not less than EUR 6,000, not subject to the warning procedure set out in Article 301 – bis of Legislative Decree No. 81/2008, as well as exclusion from participation in public works for a period of six months, will be applied.
The recovery of the credits will take place by means of special procedures and is subject to the assessment of a Territorial Commission composed of representatives of the Inspectorate and INAIL taking into account the fulfilment of the training obligation in relation to courses on health and safety in the workplace and the possible realisation of one or more investments on health and safety in the workplace.