The Council of State, with opinion no. 1154/2024 of 29 August 2024, has thoroughly examined the new regulation introducing the credit license (known as a points-based driving licence) for businesses and self-employed workers operating on temporary or mobile construction sites.
This innovative system aims to significantly improve safety in the workplace by assigning each operator an initial credit score, which can increase or decrease based on compliance with safety regulations.
What are the key points and critical issues that emerged from the opinion of the Council of State?
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The Inspectorate Portal and Access to Driving License Data
The regulation establishes that the information content of the driving licence, including the current score and any violations committed by the company or self-employed worker, must be made available through a portal managed by the National Labour Inspectorate.
This portal will be accessible to those with a qualified interest, such as driving licence holders, public administrations and workers’ safety representatives.
Transparency and ease of access to this information are key elements to ensure effective control over safety on construction sites, allowing for rapid verification of the state of compliance of companies with current regulations.
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Discretion in the suspension of the license
One of the most relevant aspects of the regulation concerns the discretion in the suspension of the license for credits. According to the regulation, the suspension is mandatory in case of fatal accidents caused at least by gross negligence of the employer or his close collaborators.
However, the Council of State stressed the importance of not excessively limiting the discretion of labor inspectors. The legislation should allow them to consider the suspension of the license even in the presence of dangerous situations not attributable to gross negligence, in order to prevent further violations and ensure an increasingly safe working environment.
This increased flexibility is seen as essential to counter the high number of safety violations that still occur on Italian construction sites.
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Credit attribution and recovery criteria
The regulation provides that at the time of issuing the license, 30 initial credits are assigned, with a maximum limit of 100 credits obtainable. Additional credits can be assigned based on specific criteria such as the company’s history, investments in workplace safety and worker training.
This award system rewards companies that demonstrate a constant commitment to improving safety conditions on construction sites, encouraging virtuous practices and reducing the risk of accidents.
Furthermore, Article 6 of the regulation regulates the increase in credits as a result of the passage of time in the absence of reductions, up to a maximum of 20 credits, thus encouraging continuity in compliance with safety regulations.
In the event that the driving licence score falls below 15 credits, the regulation provides for a credit recovery mechanism. This process is subject to the evaluation of a commission composed of representatives of the National Labour Inspectorate and INAIL.
The commission will consider the company’s training requirements and investments in health and safety, as well as the management of workers employed on construction sites where violations occurred. This system aims to ensure that companies have the opportunity to recover lost credit through a concrete commitment to improving their safety practices.
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Financial coverage
From an economic point of view, the Council of State confirmed that the application of the regulation does not entail new burdens for public finances. The costs related to the implementation of the credit system have already been covered by the primary reference regulations, as established by Legislative Decree 81/2008.
This means that the new regulation can be applied without further impacting the public budget, making the system financially sustainable.
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Timing of entry into force: a fundamental doubt
A critical point highlighted by the Council of State concerns the timing of the entry into force of the regulation, set for October 1, 2024. The Council expressed doubts about the wording of the provision since the entry into force of the laws and regulations, according to Article 10 of the “Provisions on the law in general” preamble to the Civil Code, is subject to the expiry of a period of 15 days from publication in the Official Journal, unless otherwise provided for by the primary law.
Providing a fixed date risks creating uncertainty, potentially compromising awareness and effective implementation of the regulation by the set date.
The Council suggested that the entry into force could be maintained only if the regulation was published in the Official Journal at least the day before, thus ensuring compliance with the legal deadlines and the correct application of the legislation.
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Conclusion
The Council of State opinion no. 1154/2024 highlights both the strengths and weaknesses of the new regulation on credit-based driving licences for construction sites. While the points system represents a significant step forward towards greater safety in the workplace, it also raises important procedural and enforcement issues that must be addressed to ensure its effectiveness.
It is essential that the administration implements the recommendations of the Council of State, particularly regarding flexibility in the suspension of the license and the correct definition of the timing of entry into force, in order to ensure that the new system achieves the objectives set without creating uncertainties or inefficiencies.
