Points licence, suspension of activity in case of fatal accident due to 'gross negligence' in construction

The licence is revoked if it is definitively established, in the course of a post-issue check, that the declaration made is not true. Twelve months after revocation, the undertaking or self-employed person may apply for a new licence.

In the final version of the text, it is stipulated that if a fatal accident occurs on a construction site that can be attributed to the employer, his delegate or the manager, at least by way of gross negligence, suspension is automatically triggered, whereas in the previous draft of the ministerial decree this was a possibility.

The duration of the licence suspension of up to 12 months is determined by taking into account the seriousness of the accident, the seriousness of the health and safety violation and any repeat offences: an appeal against the precautionary suspension measure is admissible.

If the precautionary suspension measure is adopted, the National Labour Inspectorate ensures that the safe working conditions are restored at the worksite where the infringement occurred.

According to the Pnrr decree that introduced the instrument, your driving licence points are reduced in the event of a final decision: 20 points are deducted for a fatal accident, 15 for absolute permanent incapacity to work, 10 for occupational illness, and you cannot work on mobile construction sites with less than 15 credits.

Returning to the new decree that is in the process of being signed by the Minister of Labour, 30 credits are recognised as a base, but this can go up to 100: up to 10 credits can be awarded depending on the date of registration of the applicant company with the Chamber of Commerce (the maximum points will go to those with at least 20 years of activity).

Up to 30 additional credits may be awarded in a number of cases: for possession of an Occupational Safety Management System (OSMS) complying with UNI EN ISO 45001 certified by certification bodies accredited by Acredia or another accreditation body adhering to the Iaf Mla mutual recognition agreements.

30 points are also awarded in the case of endorsement of the health and safety organisation and management model by a joint body registered in the national register or for investment in worker training, particularly for foreign workers.

In the absence of score reduction measures, the licence is increased by one credit for each two-year period following its issue, up to a maximum of 20 credits.

For each driving licence, the portal makes available the identification data of the legal entity, sole proprietor or self-employed person holding the licence; the personal data of the person applying for the licence; the date of issue and number of the licence; the score assigned at the time of issue; the score updated on the date the portal was queried; any suspension measures; any final measures resulting in the deduction of credits.

Subjects with a qualified interest, including licence holders, public administrations and workers' safety representatives, may have access to this information, subject to personal data protection regulations.