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Credit licence for companies and the self-employed on construction sites: the decree in the Gazzetta. All the novelties

From 1 October 2024, the credit licence will be compulsory to work on construction sites

Patente a crediti in edilizia dal 1 ottobre: ecco come funziona

4' min read

4' min read

In the Official Gazette, the Regulation on the method of applying for a licence for companies and self-employed persons working at temporary or mobile construction sites was published. The credit licence is mandatory from 1 October 2024 and is issued in digital format with an initial score of 30 credits. The new instrument was introduced by the Pnrr decree law, which stipulated the obligation to possess at least 15 credits to work on a construction site. Those who only carry out supplies or intellectual services are excluded.

Submission of application

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The application must be submitted from 1 October on the portal of the National Labour Inspectorate by the legal representative of the company and the self-employed worker, self-certifying possession of a series of requirements, including registration with the Chamber of Commerce, fulfilment of training obligations, and possession of the Durc.

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The licence is mandatory for companies and self-employed workers operating in temporary or mobile construction sites, even if they are based in the EU or outside the EU. Enterprises and self-employed workers established outside the EU must present on the Inl portal self-certification of recognition under Italian law of the equivalent document issued by the country of origin.

Issuance is automatic and, in any case, it is possible to work between the application and the issuance of the licence. Some of the requirements can be self-certified (registration with the Chamber of Commerce, possession of a valid Durc, certification of fiscal regularity, if required), others can be certified with a declaration in lieu of affidavit (fulfilment of training obligations, possession of a valid Duvri, designation of Rspp if required). A measure of the National Labour Inspectorate will be needed, after the opinion of the Garante per la protezione dei dati personali, to extend the information also to public administrations and workers' safety representatives.

Suspension

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A driving licence is revoked if it is definitively established during a post-issue check that the declaration is not true; after 12 months from revocation, a new licence may be applied for.

Suspension of the credit licence is mandatory for a maximum of 12 months in the event of accidents on the construction site resulting in the death of one or more workers, due to gross negligence on the part of the employer, or his delegate, or manager. The adoption of the precautionary suspension measure is mandatory, subject to a different assessment by the National Labour Inspectorate.

On the other hand, suspension is possible for up to 12 months in the event of an accident at the worksite that results in thepermanent incapacity of one or more workers and or irreversible impairment due to the gross negligence of the employer or its delegate or manager. Suspension is adopted if the precautionary requirements are not met.

Suspension duration

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The duration of the licence suspension, in any event not exceeding 12 months, is determined by taking into account the seriousness of the accidents as well as the seriousness of the health and safety violation and any recidivism. If the precautionary suspension measure is adopted, the National Labour Inspectorate will see to it that the safety conditions of the work activity are restored at the worksite where the violation occurred.

Credit allocation

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A score of 30 credits is awarded when the licence is issued. The score may be increased up to a maximum threshold of 100 credits in total.

Award of additional credits

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At the initial adoption of 30 credits - 10 credits at the time of issue based on the date of registration with the Chamber of Commerce to which one credit is added for each two-year period following issue, in the absence of curtailment measures, up to a maximum of 20 credits -, to which up to a further 40 credits can be added that can be attributed over time for activities, investments in 4.0 training. In particular, up to 30 credits are attributable for activities, investments, additional training in occupational health and safety (such as investments in training of workers, in addition to compulsory training, especially foreigners). Up to 10 credits are attributable for additional activities, investments, training (possession of Soa Certification I and II classification; application of certified contractual and organisational standards in the employment of labour).

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It can be up to themaximum of 100 credits but only after 40 years, and under two conditions: if the company is 20 years old at the time of applying for the licence and in 40 years has not committed any violations.

Collection of debts

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The recovery of up to 15 credits is subject to the assessment of a Territorial Commission composed of representatives of INL and INAIL, taking into account the fulfilment of the training obligation in relation to occupational health and safety courses by the persons responsible for at least one of the breaches, as well as the workers employed at the worksite where the breach occurred, and the possible implementation of one or more occupational health and safety investments

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