From 1 October 2024, anyone who physically operates on construction sites is obliged to obtain the Credit licensea regulatory novelty that aims to guarantee greater safety and professionalism in the construction sector. However, the introduction of this measure has raised doubts between professionals, businesses and self -employed workers, pushing the National Labor Inspectorate (INL) to provide clarifications and guidelines for a correct application of the legislation.
What are the obligatory subjects, who can be considered exempt and how to manage the license request?
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Exemptions and criteria of exclusion from the obligation
Not all those who operate on construction sites are obliged to have a driving license to credits, and the legislation provides for well -defined exceptions to ensure greater flexibility. The National Labor Inspectorate introduced two fundamental concepts: the not mandatory and thejustified exemption.
- Not mandatory: This criterion applies to those who are not required to comply with certain requirements because they do not fall within the conditions provided for by the legislation. A frequent example concerns self -employed workers who do not have the obligation to prepare the risk assessment document (DVR) or to designate a manager of the prevention and protection service (RSPP). This category includes those who work independently and do not manage a structured organization that requires these obligations.
- Justified exemption: It is a temporary condition that allows a subject to be exempted from a requirement that, in normal conditions, would be mandatory. For example, a company that has requested the installment of contributions and is waiting for the issue of the single document of contributory regularity (DURC) can declare the justified exemption. In the same way, the exemption is applied in cases where there is an active dispute to demonstrate that a certain obligation is not applicable, thus allowing to continue working without incurring sanctions.
These two tools offer greater flexibility in the management of obligations related to the driving license, ensuring that the system is adaptable to particular or extraordinary situations without compromising compliance with the regulations.
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Who is obliged to the driving license and who is excluded
The obligation to the credits concerns all the companies and self -employed workers who they physically operate inside a construction site. This means that those who carry out manual activities, such as montages, installations or direct interventions, must necessarily be in possession of the license. Companies that limit themselves to supply of materials oa Intellectual performanceon the other hand, are excluded.
A particular case is represented by General Contractorthat is, the companies that coordinate the construction site activities entrusting their execution to other companies. Since their role is limited to management and coordination, without direct interventions on the field, these companies are not subject to the obligation.
In the same way, professionals such as engineers, architects and surveyors who carry out design, supervision or consultancy activities do not need driving license to credits, since their work is classified as a performance of an intellectual nature.
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Specific obligations for plumbing, installers and other operating categories
Among the categories most affected by the obligation of the driving license we find the plumberi glass they doors and windows installers. These workers, while often operating on specific activities, are subject to the legislation when their work takes place physically within the construction site. The inl clarifies that the fundamental requirement to determine the mandatory is the physical presence in the construction site to carry out manual or technical operations.
For example, a plumber who installs a health system on a construction site or a mounting assembly that operates directly on the spot they must compulsorily possess the driving license to credits. This also applies to suppliers who deal with the assembly of the products sold, such as doors and windows, but not for those who limit themselves to the mere delivery of the materials, without manual interventions.
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Activities excluded from the obligation: Emergency checks and services
Some activities that can take place on construction sites do not fall within the obligation to license to credits. A significant example concerns the bodies authorized to carry out periodic and extraordinary checks On plants, such as lifts, work equipment or grounding systems. The National Labor Inspectorate clarified that these activities are considered to intellectual naturesince the personnel in charge does not intervene materially on the systems but limits itself to verifying its compliance, recording the results of the tests.
Also i emergency serviceslike the emergency room and the internal firefighting, are excluded from the obligation. In fact, these activities have a strictly emergency character and do not provide continuous operations operations within the construction site. Their function is limited to extraordinary interventions and cannot be assimilated to manual work that characterizes those who are instead subject to the driving license.
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Food license and loss of the SOA certificate
Companies in possession of theSOA certification of category equal to or greater than the III, necessary to participate in public works, are generally exempt from the obligation to license to credits. However, in the event that a company loses this attestation, it immediately becomes mandatory to request a driving license to continue to work on construction sites.
During the waiting period for the release of the license, the company can still operate, provided that you start promptly the request and undertake to comply with the requirements established by the legislation. This provision offers a form of protection to companies that are in transitional situations, avoiding sudden interruptions of work.
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Food license and loss of the SOA certificate: what happens to businesses
THE’SOA certification It is an indispensable document for companies that intend to participate in tenders for public works. In particular, those that have a category SOA equal to or higher than the III are not obliged to request the driving license to credit to operate on construction sites, since the certificate itself represents a certification of their technical and professional suitability.
However, in the event that a company loses this qualification, it is obliged to request a driving license to continue to work. The legislation provides that, during the waiting period for obtaining the license, the company can still continue its business, but must demonstrate that it has started the request procedure.
This mechanism is designed to guarantee a certain working continuity and avoid excessive penalties, especially for companies that are trying to redevelop themselves.
A practical example concerns a company that loses the SOA certificate due to delays in contributory payments or in document management. In this case, the company must request a driving license to credits and regularize its position in order to obtain it. In the meantime, it is allowed to operate, but it remains essential to comply with all other regulations relating to the safety and management of construction site activities.
