From 1 October 2024, the new system of credit license for businesses and self-employed workers operating in temporary or mobile construction sites, introduced by Pnrr decree law.
This system requires that each operator has at least 15 credits to be able to work on construction sites. Upon issue, the digital license assigns 30 initial credits, with the possibility of increasing this score up to 100 credits.
This new tool is mandatory for all businesses and self-employed workersexcept those offering purely intellectual or supply services.
But how exactly does this system work and how do you apply?
Advertisement – Advertising
Objectives of the regulation and criticisms from trade associations
The main objective of the new credit-based driving licence system is to combating irregular work and improve the safety on construction sitessectors in which, unfortunately, a high number of accidents, including fatal ones, are recorded. In the first nine months of 2024 alone, for example, in Friuli Venezia Giulia, 1,000 people died 10 people at work, highlighting the urgency of adopting more stringent measures to protect workers’ health.
However, the new regulation is not without criticism. Several trade associations, including the Cgia of Mestrehave expressed concerns about the timing of implementation and the bureaucratic difficulties that businesses are facing.
Although the legislation is now operational, essential details are still missing, such as the explanatory circular from the Labor Inspectorate and the online portal for submitting applications.
In particular, the associations are asking for a accompanying phase until the end of the year to avoid immediate penalties for companies, especially considering the bureaucratic complexities that are still unresolved. Furthermore, many artisans believe that, rather than introducing a credit system, it is necessary to strengthen the direct controls on construction sites, a measure considered more effective in preventing accidents at work.
Advertisement – Advertising
How to apply for a credit driving license
Starting from October 1st, the application to obtain the credit license can be submitted on the portal of the National Labor Inspectorate (INL) by the legal representative of the company or by the self-employed worker. The procedure requires the self-certification of some fundamental requirements, including:
- Registration in the Chamber of Commerce;
- Fulfillment of training obligations;
- Possession of a valid DURC (Single Document of Contribution Regularity).
The license is issued automatically and, during the application processing period, it is still possible to continue working on construction sites. However, it is important to underline that some of the requirements must be certified through declaration in lieu of a sworn statementsuch as fulfilling training obligations and designating the Head of the Prevention and Protection Service (RSPP).
Advertisement – Advertising
Suspension and revocation of a driving license based on credit
There revoke of the credit license occurs when, following checks after the issue, the driving license is definitively ascertained untruthfulness of the statements provided by the company or the self-employed worker. In the event of revocation, the interested party may submit a new request for the issue of the license only after a period of 12 months.
This measure aims to ensure that only operators who comply with legal requirements can operate on construction sites, ensuring a high level of safety.
As regards the suspensionthis can be imposed in several circumstances:
- Fatal accidents: If accidents occur on the construction site which cause the death of one or more workers, and liability is attributed to gross negligence to the employer, his delegates or managers, the suspension of the driving licence is mandatoryThis type of suspension has a maximum duration of 12 monthsand the extent of the suspension depends on the severity of the accident and violations of workplace safety regulations.
- Accidents resulting in permanent disability or irreversible impairment: Also in this case, if the accident causes permanent damage to the workers, and the gross negligence of the employer or his representatives is ascertained, the National Labor Inspectorate can impose the suspension of the license. Also in this case the suspension can last up to 12 monthswith the actual duration being established based on the severity of the injury and the violation of safety regulations.
- Checks and restoration of safety conditions: During the suspension period, the National Labor Inspectorate will carry out checks to verify that safety conditions have been restored at the construction site where the violation occurred. Only after a positive assessment can the suspension be revoked and the credits necessary to operate be restored.
These measures aim to increase the responsibility of employers and self-employed workers, reducing the risk of serious and fatal accidents on construction sites.
However, the credit-based licensing system has come under fire from trade associations, who believe that inspections of construction sites should be increased to a greater extent than such punitive measures.
Advertisement – Advertising
Credit Allocation and Increase: How It Works
Upon issuing the license, each company or self-employed worker receives an initial score of 30 credits. This score can be increased over time, reaching a maximum of 100 credits.
The increase in credits occurs based on two main factors:
- Seniority of the company: Starting from the initial 30 credits, each company receives an additional credit for each two-year period that has passed without any reduction measures, up to a maximum of 20 credits. Furthermore, upon issuance of the license, 10 of the 30 initial credits are assigned based on the date of registration with the Chamber of Commerce.
- Investments in safety and training: Until 40 additional credits can be achieved by investing in training and workplace safety. Of these, up to 30 credits may be allocated for additional activities and investments in health and safety (such as specific training of workers, especially foreign workers). Others 10 credits they can be awarded for activities or investments, such as the possession of SOA Certification of I or II classification or the adoption of certified contractual and organizational standards in the use of manpower.
Achieving the maximum score of 100 credits It is only expected after 40 years oldprovided that the company has not committed any violations over time.
Advertisement – Advertising
Debt Collection: How to Remedy Deductions
In the event that credits are deducted for violations of workplace safety regulations, there is the possibility of recovering up to 15 credits. The recovery of debts is subject to the evaluation of a Territorial Commissioncomposed of representatives of theINL (National Labor Inspectorate) and of theINAIL (National Institute for Insurance against Accidents at Work). This commission evaluates several factors before allowing the collection of debts, including:
- Fulfillment of the training obligation by those responsible for the violations;
- The implementation of corrective measures on construction sites, especially in relation to the safety and health of workers;
- The realization of any additional investments in terms of workplace safety, such as the adoption of new protection systems or the improvement of operating conditions on construction sites.
Credit recovery is designed to incentivize companies to take corrective action and continually improve their safety performance, especially after incidents or violations. This tool provides companies with a second chance to restore their score, demonstrating a real commitment to safety and ongoing training for workers.
