Construction site credit licence: what changes in procurement from November 2024

Construction site license: entry into force

In the first application phase e starting November 1, 2024 (as required by explanatory circular no. 4/2024 of the National Labor Inspectorate) will be obligatory have submitted the request for issuing the license on the Inspectorate portal. The portal is active from 1 October 2024.

I am excluded from the obligation to hold a credit licence:

• operators who carry out supplies or services of an intellectual nature (designers and technicians engaged in exclusively professional fields);
• companies in possession of the SOA qualification certificate with a ranking equal to or higher than III.

The request for the license must be made, as already mentioned, at the Labor Inspectorate Portal, via SPID or CIE by the legal representative of the company or the self-employed worker (or by a person with a delegation) and is managed with an on-line procedure. -line at the end of which a receipt is issued with a associated unique alphanumeric code to the driving license which is issued in digital format.

The requirements for the driving licence

To obtain a driving licence, the possession of the requirements listed in the following list:

• registration with the Chamber of Commerce, Industry, Crafts and Agriculture;
• fulfillment of training obligations by the employer, managers, supervisors, self-employed workers and company workers;
• possession of a valid Single Contribution Regularity Document (DURC);
• possession of the Risk Assessment Document (DVR);
• possession of the Single Tax Regularity Document (DURF);
• the person responsible for the prevention and protection service has been designated, in the cases provided for by current legislation.

They are provable with self-certification:

• registration with the Chamber of Commerce, Industry, Crafts and Agriculture;
• possession of a valid Single Contribution Regularity Document (DURC);
• possession of the Single Tax Regularity Document (DURF);

They can be certified with declaration in lieu of affidavit:

• fulfillment of training obligations;
• possession of the Risk Assessment Document;
• designation of the service manager.

Data entered into the credit license and scores

Below i data present in the credit licence:

• identification data of the license holder;
• personal data of the license applicant;
• date of issue and license number;
• score attributed at the time of release;
• score updated on the date of querying the portal;
• any suspension measures referred to inarticle 27, paragraph 8, of the TUSL;
• any definitive measures that determine the reduction of credits pursuant to thearticle 27, paragraph 6, of the TUSL.

The driving licence:

• is released with a starting score of 30 credits (it is possible to operate with an endowment equal to or greater than 15 credits; with a score of less than 15 credits achieved during the execution of works, the completion of the contracted activities is permitted only if the works performed are greater than 30% of the value of the contract;
• has a maximum score of 100 credits divided as follows:

The assignment of credits takes effect, in the absence of deductions, from 1 January 2025.

Revocation or suspension of driving licence

There revocation of the licence, by the Interregional Directorate or the Central Directorate for Supervision and Work Safety, occurs in the case of false declarations made regarding possession of the requirements. Other failures can lead to suspension with sanctions but not revocation.

Twelve months after revocationthe company or self-employed person can apply to obtain a new license.

License suspension

The license suspension measure is adopted by the territorially competent Labor Inspectorate and occurs in these cases:

• is mandatory for fatal accidents attributable to the employer, his delegate pursuant to thearticle 16 of the TUSL or to the manager at least for gross negligence, without prejudice to a different assessment by the Inspectorate;
• it can be adopted for accidents resulting in the permanent incapacity of one or more workers attributable to gross negligence if the precautionary requirements are not met with a suspension provision ex article 14 of the TUSL or with preventive seizure ex all’article 321 of the cpp.

The duration of the license suspension is assessed in relation to the severity of the accidents and cannot exceed 12 months.

An appeal is permitted against the precautionary suspension measure.

Conclusions

In relation to what has been reported, some considerations emerge that concern all subjects who are required to possess a driving licence:

• the recipients of the obligation to obtain the credit license are the companies and self-employed workers engaged in temporary and mobile construction sites (referred to inarticle 89, paragraph 1, letter a) of the Consolidated Safety Act);
• the credit license is therefore framed by law as a mandatory condition constitutes an essential requirement; for this reason the explanatory circular of the Ministry of Labor allows, from 1 November 2024, to operate (in the initial application phase) but only on condition that you have sent the application for the credit license to the Inspectorate;
• on the basis of the above, it follows that the operator, even in order to present the offer, must at least have sent the application otherwise he would find himself in the position of not being able to operate and therefore in the absence of the requirement; keeping in mind that, only in the phase of first application of the rule is it required, from 1 November 2024the transmission of the license request, pending the subsequent provisions regarding the times and methods of application of the requirements.