There points-based license for construction sites introduces important innovations in the regulatory panorama of workplace safety. What is subject to updating is theart. 27 of Legislative Decree no. 81/2008 and among the new features there is the introduction ofAnnex I-bisrelating to violations related to the reduction of credits on the driving licence.
Among the main changes, there is also the modification of theart. 90 concerning the obligations of the client or the project manager. In particular, theobligation to verify possession of a credit licence or an equivalent document, in order to guarantee the technical-professional suitability of the executing companies and self-employed workers, even in the case of subcontracting.
This provision, while responding to needs for greater security and transparency, raises some operational critical issuesespecially in the private sector, where the lack of adequate controls could encourage irregular behavior. Furthermore, doubts emerge about the effectiveness of controls against foreign companies and the possibility of certify equivalence of the documentation.
Points-based driving license on construction sites: the role of the client
There law 56/2024 of conversion with modifications of legislative decree 19/2024in addition to modifying theart. 27 of Legislative Decree no. 81/2008 and introduce the new Annex I-bis for the violations subject to the reduction of credits on the driving licence, it also provided for a partial modification of thearticle 90 “Obligations of the client or the person in charge of the works”.
In particular, al paragraph 9where the obligation to verify the technical-professional suitability of companies and self-employed workers was already foreseen, the new text introduced the letter b-bis) al paragraph 1:“b-bis) verifies the possession of the license or equivalent document referred to in article 27 for the executing companies or self-employed workers, even in cases of subcontracting, or, for companies that are not required to possess the license for pursuant to paragraph 15 of the same article 27, of the SOA qualification certificate”.
In essence, the client or the Works Manager (public or private), when choosing the operators who will then carry out the work, must verify possession (and obviously, the validity) of the credit license or equivalent document (for foreign companies) or of the SOA qualification certificate equal to or higher than category III (for companies subject to exemption).
It is important to note that, through the aforementioned verification, it comes the obligation to verify technical and professional suitability is also automatically fulfilled referred to in letter a) of the same paragraph 1, art. 90as the requirements are included in those necessary to obtain the driving licence.
The verification can be carried out by direct accessthrough IT methods that ensure the identity of the accessing party (e.g. SPID, CIE, etc.), to the dedicated section of the INL portal which will make specific information available to the client or Works Manager, but also to the safety coordinators regarding the license Identification data of the license holder.
- Applicant’s personal data
- Issue date and license number
- Score assigned at the time of release and score updated at the date of querying the portal
- Any measures of suspension or reduction of credits
Possible critical issues in the private sector
In the opinion of the writer (also by virtue of the experience acquired in the field), the verification of the license by the client will, however, constitute a serious criticalityif not in the public sector, where the requirement can be previously included in the tender notice, certainly in the private sector in which, too easily, it is possible to come across improvised individuals or those whose behavior is not always regular and who, without a doubt, will not hesitate to take advantage of the possibility of self-certifying possession of the essential requirements.
The situation is often further complicated by the fact that the entrusted companies (or, worse, the sub-contractors) grant sub-contracts in an excessively “extemporaneous” manner and, therefore, without giving prior notice, either to the client or to the Safety Coordinator. Unfortunately, it would have been appropriate for the law to intervene precisely in relation to this more than frequent case, perimetering in a different way the responsibilities for checking the requirements necessary for entry into the construction site.
The question of the client’s fulfillment of the (criminally relevant) obligation to verify the technical-professional suitability of economic operators who are “accredited” in the portal dedicated to the points-based driving license but are then, upon verification, not in possession of the required requirements.
In the short term, as already mentioned previously, considerable doubts also remain about the possibility of verifying the necessary requirements of the foreign companies called to operate on Italian territory, since, probably, it will be necessary to extend precise rules regarding the possible equivalence of the documentation possibly produced by foreign companies with the “local” license.
