When is the POS mandatory?
The criminal cassation, with sentence no. 536/2025, reiterated an already stated principle: in order for a concrete supplier company to be held at the Editing of the POSmust actively participate in the installation of the material.
In particular, the Supreme Court clarified that The mere delivery of the concrete does not equate to its installation and therefore it does not fall in the safety obligations typical of executing companies of work on site.
Because there is installationyou need a quid pluristhat is, an additional action compared to the simple supply. This occurs when employees of the supplier company do not just deliver the concrete but take an active part in its distribution and processing.
When does the supply becomes installed in work?
The sentence, recalling the circular of the Ministry of Labor n. 3328/2011 and the Note inl n. 1753/2020clarified that the employees of the supplier company contribute to the installation if:
- they direct the jet of the concrete materiallyactively determining its distribution;
- maneuver and place equipment Like the bucket, the nerd or the pump rubber terminal;
- provide for homogeneous distribution of the cement conglomerate, ensuring compliance with the rules of art for the processing of the material.
In these cases, the supplier company it is no longer just a supplierbut becomes a subject who actively participates in the construction site. Consequentially, It is required to the editorial staff of the POS and to Security obligations provided for executive companies.
When it comes to mere supply of concrete?
According to the Cassation, the supply of concrete remains mere supply When:
- employees of the supplier company yes they limit to positioning self -tanning and distribution canal;
- The pump arm comes directed remotely or by cabinwithout operators directly maneuvering the rubber terminal.
In these cases, the supplier company does not play an active role in the construction site and It is not obliged to prepare the POS.
Mere supply, excluded from the driving license to credits
Another aspect to underline concerns the Credit license provided for in article 27 of the consolidated text on security (Legislative Decree 81/2008). Companies that carry out mere with concrete supply are excluded from the obligation of the driving license to creditsas they do not carry out direct activities on construction sites.
This exclusion further confirms that companies that are limited to the delivery of the material they cannot be equated to executing companies of works and, therefore, are not subject to certain security obligations, such as the POS.
