The qualification system of the construction points license
The qualification system introduced by theart. 27 of Legislative Decree 81/2008 aims to guarantee higher safety standards in the workplace, ensuring that businesses and self-employed workers operate with adequate and up-to-date skills.
This system is based on theassignment of training and professional creditswhich allow to measure the competence and qualification of the operators in the field of safety at work. The system therefore aims to make companies and self-employed workers responsible, raising the overall level of safety, especially in high-risk sectors.
Construction credit license: requirements for issuance
According to the indications provided by the INL circular, the credit license system for construction sites is structured on the basis of specific requirements that must be satisfied by companies and self-employed workers to obtain and maintain the certification.
Key requirements include:
- training and professional development: workers and companies must demonstrate that they have participated in recognized training courses aimed at improving their skills in workplace safety;
- tax and contribution regularity: be in compliance with the requirements set out in the relevant current legislation for the purposes of issuing the relevant certification.
Possession of the requirements required for the issuing of the license is subject of self-certification/substitute declaration pursuant to Presidential Decree no. 445/2000 and, therefore, any falsity of one or more self-certifications/declarations is subject to criminal sanctions.
The credit mechanism
The heart of the credit-based driving licence qualification system is represented by the credit mechanism. As specified in the DM 132/2024credits are awarded based on several factors, including:
- participation in certified training courses;
- contribution to improving safety in the workplace;
- documented work experience in security activities.
The driving licence comes with an initial score of thirty credits which can be increased up to the maximum threshold of one hundred credits.
The request for attribution of additional credits on the driving licence will be possible only following the integration of the IT platform, which will be announced on the Inspectorate’s website, together with the operating procedures to be followed. For those subjects who, on the date of submission of the application, are in possession of the relevant requirements, the additional credits will be awarded with “retroactive” effectin fact, additional credits are attributed at the time of submitting the application if the applicant already possesses the relevant requirement.
If the requirement is achieved after the date of submission of the application, the additional credits will instead be awarded by updating the driving licence score.
Who can apply for a driving license?
The application for the issue of a credit driving license can be submitted by the legal representative of the company and by the self-employed workeralso through a person with a specific written delegation, including employment consultants, accountants, lawyers and CAF.
The INL Circular specifies that if the request for the license is made by delegated subjects, the latter must obtain the declarations issued by the legal representative of the company or by the self-employed worker regarding the possession of the above-mentioned requirements, which may be requested in the event of any investigations.
INL reminds that Individual businesses without workers are also considered self-employed.
Self-certification during first application phase
In the INL Circular it is specified that in the first application phase of the obligation to possess a driving licence and from the moment of publication of this circular it is still possible to present, using the attached form, a self-certification/substitute declaration concerning the possession of the requirements requested by theart. 27, paragraph 1, of the Legislative Decree 09 April 2008, n. 81where required by applicable legislation.
Sending the self-certification/substitute declaration will have to be done, via PECto the address [email protected].
It is then specified that the transmission of the self-certification/substitute declaration sent via PEC is effective until October 31, 2024 and requires the operator to submit the application for the issuing of the license through the National Labour Inspectorate portal by the same date.
Starting From 1 November 2024 it will not be possible to operate on the construction site by virtue of the transmission of the self-certification/substitute declaration via PEC, it being essential to have made the request for the issue of the driving licence via the portal.
Sanctions and controls
The INL circular also underlines that the credit-based driving licence qualification system is not only an incentive tool, but also involves sanctions for those who do not meet the required requirements.
Companies that fail to comply with training and updating obligations risk fines and suspension of their driving licence.
The circular states that the Requirements checkon a sample basis, may take place either ex officio or during inspections by the Inspectorate or other supervisory bodies.
