Until October 31, it is possible to send the self-certification (attached form) via certified email, but by the same date it will still be mandatory to access the dedicated portal by completing the submission of the application, under penalty of not being able to operate on the construction site from November 1. The details of the suspension in the event of death or serious injury are specified.
Following the publication in the Official Journal of Ministerial Decree no. 132 of 18 September of the Ministry of Labour containing all the rules on the credit licence in construction, the National Labour Inspectorate came out, on the evening of Monday 23/9, with a circular (no. 4/2024) which provides the first indications operational for businesses and self-employed workers operating in the temporary or mobile construction sitesintroduced by art. 27 of the D.Lgs. 81/2008.
Who should apply for a credit driving license?
First of all, it should be highlighted that the driving licence is compulsory from October 1, 2024 for all the businesses hey self-employed workers who physically work on construction sites, excluding those who carry out mere supplies or services of an intellectual nature (such as engineers and architects). Foreign companies must also obtain a license, unless they have an equivalent document recognized by the authority of the country of origin.
To operate, you need at least 15 credits.
Points License for Safety in Construction: Rules, Operation and Objectives
Starting from October 1, 2024, the credit license for the construction sector comes into force, a qualification system that assigns points to companies based on safety at work. All the detailed information in this article!
Driving licence request: ok until 31 October with self-certification via PEC
To obtain a driving license, you must present a online application to the National Labor Inspectorateproviding documentation relating to, among other things, to registration with the Chamber of Commerce, to contribution regularity (DURC), to tax compliance and to the designation of the safety manager.
In circular no. 4/2024, the National Labour Inspectorate specifies that, in the first application phase of the obligation to possess a driving licence and from 23/9, it is still possible submit, using the attached form, a self-certification/substitute declaration concerning the possession of the requirements required by art. 27, paragraph 1, of Legislative Decree 81/2008, where required by current legislation.
Sending the self-certification/substitute declaration must be carried out via PECat the address [email protected].
NB – The transmission of the self-certification/substitute declaration sent via PEC is effective until 31 October 2024 and obliges the operator to submit the application for the issuing of the license through the portal of the National Labour Inspectorate by the same date.
Starting from November 1st, it will not be possible to operate on the construction site due to the transmission of the self-certification/substitute declaration by certified email, as it is essential to have carried out the request for license release via the portal.
Application on the online portal: mandatory by October 31st
Therefore, if it is possible until 10/31 to send the self-certification form via PEC, in any case it is necessary to activate to carry out the process on the dedicated portal.
In fact, as highlighted by the INL, starting from next October 1st businesses and self-employed workers can apply for a driving licence through the Service Portal of the National Labor Inspectorate atdedicated address.
The steps are these:
- Access to the portal: the applicant accesses the portal digitally, using authentication systems that guarantee the applicant’s identity (e.g. SPID, CNS, CIE);
- filling out the application: during the compilation, the applicant must self-certify the possession of the requirements listed above. Some requirements (such as the DURC and the certification of tax regularity) must be self-certified, while others (such as training fulfillment or the DVR) require declarations in lieu of a sworn statement;
- digital driving license: once the application has been submitted and accepted, the driving licence is issued in digital format and made available on the portal with all the updated information, including:
- Identification data of the owner (legal person or self-employed worker).
- Starting score (30 credits).
- Credit updates (which may increase or decrease based on the owner’s actions and violations).
Construction Credit License, the Rules: Starting October 1st, Starting with 30 Points
The application for a credit license must be made online at the Labor Inspectorate, but until October 31, you can send the self-certification form via PEC: you start with a supply of 30, you can operate with a minimum of 15 and you can reach a maximum of 100 if certain conditions are met. Suspension up to 12 months for death or serious injury.
Find out all about Ingenio!
The credit system
The circular emphasizes that the driving licence starts with an initial score of 30 creditswhich can be increased up to 100 credits based on several factors, including:
- history of the company (up to 10 credits for over 20 years of membership in the Chamber of Commerce);
- no deductions: 1 credit every two years without violations, up to a maximum of 20 credits;
- investments in safety: up to 30 credits for specific activities or investments, such as ISO 45001 certification.
Credit deduction
Credits may be deducted for workplace safety violations (for example, DVR processing failure o lack of personal protective equipment). In case of serious or fatal injuriesthe Inspectorate may suspend the license until 12 months.
Fatal or serious accident: when automatic suspension is triggered
The INL emphasizes that if an accident at work causes the death of a workerthe Inspectorate may suspend as a precaution the driving licence of the company or self-employed worker involved for a maximum of 12 months.
Suspension is mandatory unless the Inspectorate adequately justifies that suspension could generate greater risks for workers or public safety.
In case of permanent disability o irreversible impairment of a worker, the Inspectorate can adopt the suspension after receiving an official recognition from INAIL attesting to the seriousness of the accident. In some cases of evident severity (such as the loss of a limb), the suspension can be ordered immediately, without waiting for the formal provision from INAIL.
Before adopting the measure, the Inspectorate examines the responsibility of the subjects involved, who must be accountable at least as a result of gross negligence.
The investigations take into account the minutes of public officials who intervene at the scene of the accident and the causal link between the employer’s omission or commission and the accident event.
The suspension can last up to 12 monthsand its duration is determined based on the severity of the injury, violations of safety regulations and any relapse of the company.
Debt collection
The recovery of deducted credits is possible through the fulfillment of training obligations or the implementation of investments in safety, following the evaluation of a Territorial Commission composed of representatives of the Inspectorate and INAIL.
Sanctions
The INL highlights that operating without a license, or with a license with less than 15 creditsentails administrative sanctions equal to 10% of the value of the works trust, with a minimum of 6.000 euroin addition to being banned from public works for six months.
THE OPERATIONAL CIRCULAR OF THE NATIONAL LABOUR INSPECTORATE AND THE SELF-CERTIFICATION FORM CAN BE DOWNLOADED IN THE ATTACHMENT.
