Points-based license in construction: who should apply for it? Who is exempt?

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Emma Potter

The construction points licensing system was introduced on 1 October 2024, an innovative system aimed at raising safety standards within the construction industry. The main objective is to ensure that companies comply with safety regulations, with a credit system that rewards or penalizes depending on the level of compliance of companies.

However, the new legislation has brought with it many questions, especially regarding the obligations and exemptions provided.

Which companies need to obtain a points-based licence? How does self-certification work for those who already work on construction sites?

Let’s find out all the details about this new system together.

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Who is exempt from the points-based driving license requirement

One of the main clarifications concerns companies exempt from the points-based driving licence. For companies already in possession of a class III or higher SOA certification, an exemption is available, regardless of the specific SOA category.

This exemption facilitates already qualified companies, allowing them to avoid the process of obtaining a points-based license.

This requirement has simplified the application of the regulation for certified companies. If your company has an SOA attestation, you may be exempt from the requirement.

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Self-certification and management of requirements for access to construction sites

In the initial phase of the new system, there is a possibility of temporary self-certification of requirements for those who already work on construction sites. Companies and self-employed workers active on a construction site on 1 October 2024 must send a self-certification via PEC to demonstrate compliance with the requirements, unless they have already obtained the points-based license through the ordinary procedure.

Starting from November 1st, only those who have requested a points-based license will be able to operate on construction sites.

This transitional phase facilitates compliance with the legislation, but requires attention to details and deadlines.

Among the documents necessary for the points-based driving licence, the DURC (Single Document of Contribution Regularity) is particularly relevant. In the absence of the official DURC, companies can still self-certify possession of the necessary requirements.

The National Council of Labor Consultants has clarified that, when requesting a points-based licence, it is sufficient to declare that you meet the requirements for the DURC, even if the document has not yet been formally issued.

This simplification helps companies start the application process without delay, as long as the requirements are met at the time of application.

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Security management for companies with multiple operating locations

For companies that have multiple offices or operating units, the points-based driving license regulations require specific compliance. Each production unit must be covered by a Risk Assessment Document (DVR) and by the appointment of an Rresponsible for the Prevention and Protection Service (RSPP)as indicated in the Legislative Decree. 81/2008.

This ensures that all of a company’s locations comply with security requirements, ensuring a coordinated approach to risk management.

Companies with multiple production units must therefore ensure that each location complies with the requirements to avoid sanctions.

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Mandatory training for employers: a problem to be resolved

Finally, one of the open questions concerns the mandatory training of employers. The legislation requires an agreement between the State and the Regions to define the training standards, but this agreement has not yet been reached. In the meantime, self-certifications must be based on current legislation and cannot include training requirements that are not yet mandatory.

Businesses will need to wait for regulatory updates to be able to complete the required training in a legally compliant manner.