Submission of the request, obligated subjects, exclusions
The procedures for submitting the application for obtaining the driving licence have been confirmed: the request, by companies (even if only contractors and General Contractors) and self-employed workers, can be made through a section specifically set up in the National Inspectorate portal and, at least for the first phase, the instant will be able to declare and self-certify possession of the necessary requirements pursuant to the Articles 46 and 47 of the Decree of the President of the Republic 28 December 2000, n. 445. This request may be submitted by the holderfrom the legal representative of the company or by a subject delegateincluding, of course, licensed professionals ex art.1 law 11 January 1979, n. 12.
Exclusions confirmed those of the subjects already in possession of SOA certification of at least category III or who carry out mere supplies or services of an intellectual nature.
The ‘position’ of the foreign economic operatorstherefore established in a Member State of the European Union other than Italy: they are also required to submit, via the portal, a self-certification declaring the possession of a equivalent document issued in the country of origin. If, however, there is no equivalent document, these individuals are required to submit an application like their Italian counterparts. It is plausible that this last case will also apply to non-EU businesses and self-employed workers.
The dedicated section of the INL portal will make specific information available regarding the driving licence:
- identification data of the driving licence holder;
- personal data of the applicant;
- date of issue and driving licence number;
- score assigned at the time of release and score updated on the date of querying the portal;
- any measures to suspend or reduce credits.
This information will be available to license holders, public administrations, joint bodies, the person responsible for the works (and therefore, the client) of the construction site where the company or self-employed worker will have to operate, the safety coordinators during the planning and execution phases of the works and the workers’ safety representatives.
Credit attribution and increase
Important novelties, however, can be found on the front ofattribution of credits: the maximum overall score for each driving licence is equal to 100 credits, divided into:
- ‘Basic’ Credits: 30 credits, awarded at the time of issuing the driving licence, regardless of the ATECO category and company size;
- Credits for ‘historicity’ of the economic operator: until 30 overall credits, related to the subject’s market history;
- Additional credits: until 40 credits for specific activities, investments or training interventions in prevention matters, including the possession of specific Certifications quality in terms of health and safety, the adoption of Workplace Safety Management Systems, investments additional training for workers, especially foreigners, and with the recognition by INAIL of the reduction in the rate “prevention oscillation”. Additional ‘additional’ credits can be acquired for “use of technologically advanced solutions, including medical devices, in the field of health and safety at work on the basis of specific memoranda of understanding stipulated, including with the company for the individual work, between the social parties that are comparatively more representative at the national level or agreements signed by the joint bodies referred to in art. 2, paragraph 1, letter ee), of Legislative Decree 9 April 2008, no. 81” or following at least two visits to the construction site by the competent doctor supported by the RLS or RLS with territorial jurisdiction.
Recovery of deducted credits
News also on the controversial aspect of the debt collectionif the driving licence has been subject to deductions twings that do not allow the entrepreneurial entity to operate (credit less than 15 points): recovery of up to 15 credits is possible through attendance “by the employer and other subjects responsible for at least one of the violations referred to in Annex I-bis of Legislative Decree no. 81 of 9 April 2008, as well as, where present, by workers employed at the construction site or construction sites where the aforementioned violation occurred, of training courses concerning the subject of health and safety in the workplace”.
Debt collection is also possible through theimplementation of “one or more investments” in the field of accident prevention, prior “positive evaluation by a Commission composed of representatives of INL and INAIL”.
Precautionary suspension of driving licence
The possibility of adopting the Labour Inspectorate has been confirmed precautionary suspension of the driving licence in the event of accidents attributable, at least, to gross negligence of the employer, and which have caused the death or permanent disability of one or more workers.
The duration of the suspension can reach until 12 monthsdepending on the severity of the accident and the health and safety violations associated with it and detected by the supervisory bodies.
An appeal against the precautionary suspension order is permitted appeal pursuant to and for the purposes of theArticle 14, paragraph 14, of the Legislative Decree no. 81/2008.
Further provisions
The draft text also considers the case of transformation or merger/incorporation of the company establishing that “the legal person resulting from the transformation or merger is credited with the score held by the transformed or incorporated company, on the date on which the transformation or incorporation took effect, without prejudice to the updating of credits resulting from the new corporate structure. In the case of a merger in the strict sense, the new company is attributed with the score held by the company with the license containing the highest number of credits”.
Conclusions
As you know, starting from 1 October 2024, The Credit License is the requirement for operation on construction sites and, given the imminent deadline, it is essential that the implementing decree be published as soon as possible also to allow interested parties to take appropriate action with the necessary requests. The many innovations described make the system certainly more “interesting” (at least in medium-long period) in terms of legality protection and accident prevention, although some doubts still remain on the many facets typical of the temporary or mobile construction site sector and on the timely management of the information flow on the portal.
Undoubtedly, once fully operational, the credit system will be able to play an important role in promoting legality and in the ethical evaluation of economic operators in the sector.
