Self-certification and transmission via PEC
One of the first issues analyzed concerns the possibility of sending a self-certification or a self-certification (downloadable here), certifying possession of the necessary requirements to obtain the credit licence. According to what is reported in the FAQ published by the Ministry of Labor, in accordance with Circular no. 4/2024companies and self-employed workers operating on temporary or mobile construction sites on 1 October 2024 must send this declaration via PEC to the address [email protected].
This broadcast will remain valid until 31 October 2024binding the operator to submit the formal application for the issuance of the license via the portal of the National Labor Inspectorate by that date. If, on 1 October, the company or the self-employed worker do not work on any construction site, sending the PEC will not be necessary.
Furthermore, from 1 November 2024, access to construction sites will be permitted only to those who have requested the license via the dedicated portal. Therefore, all businesses and self-employed workers operating on a construction site must make the request before they can start the activity.
Exemption from the obligation to obtain a credit license for companies with SOA
Another clarification provided by FAQ concerns theexclusion from the obligation of the license for companies in possession of SOA certification. In particular, the Ministry of Labor has specified that, according to the Circular no. 4/2024companies that own a SOA qualification Of class equal to or higher than IIIas required by thearticle 100, paragraph 4 of Legislative Decree no. 36/2023are exempt from the obligation to obtain a credit licence, regardless of the category they belong to.
The legislation, therefore, underlines that the determining element for the exemption is the classification of the SOA e not the specific category of the company. This point is particularly important for larger companies or those operating in sectors with high qualification standards.
DVR and RSPP obligations for companies with multiple operating units
Among the questions reported in the FAQ, one concerns the interpretation of the obligation to draft the Risk Assessment Document (DVR) and the appointment of Head of the Prevention and Protection Service (RSPP) for companies with multiple operating units. The legislation, in fact, refers to the DVR and the RSPP in the singular, raising doubts for those companies that have multiple offices or production units.
The Ministry of Laborin the FAQ, clarified that if a company has different production unitspossession of the requirements refers to the entire company. In this case, all the employers involved will have to appoint their respective RSPPs and draw up the DVRs relating to each unit. Even if the legislation uses the singular, the obligations must be fulfilled for all operational units of the same company, ensuring safety management compliant with the provisions of the Legislative Decree no. 81/2008.
Training obligations and self-certification
Finally, the FAQ addresses the topic of training obligationsespecially for employersin light of the new State-Regions agreement. The legislation provides for the introduction of new training obligations, but the FAQs specify that self-certification must refer to the legislation in force on the date of its presentation.
In the absence of a new State-Regions agreement, it is not possible to self-certify the fulfillment of training obligations that have not yet come into force. Consequently, businesses and self-employed workers will not be required to declare obligations that have not been formally operationalized at the time of self-certification.
