Safety at work

Credit licence: worksite activity possible from the submission of the application

From 1 October the application for construction companies and self-employed workers on the portal of the National Labour Inspectorate. For untruthful declarations the licence will be revoked.

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

4' min read

4' min read

The application for a credit licence can 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, also through a delegate. The issue is automatic and, in any case, it is possible to work between the application and the issue of the licence.

The driving licence is compulsory for companies and self-employed persons working on temporary or mobile construction sites, even if they are based in the EU or outside the EU. In the event of untruthful declarations, the licence will be revoked. While the process of approving the implementation decree of the credit licence is waiting to be finalised, the Ministry of Labour has published explanatory slides with a series of clarifications and details on the functioning of the new instrument introduced in the construction industry by the Pnrr decree that established the possession of at least 15 credits to operate on a construction site.

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Which documents to submit with the application

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The requirements that may be self-certified include registration with the Chamber of Commerce, possession of a valid Durc (single document of contribution regularity), and possession of tax regularity certification, if required. The fulfilment of training obligations, the possession of a valid Duvri (single document for the evaluation of interfering risks), and the designation of the prevention and protection service manager (Rspp), if required, must be certified with a declaration in lieu of affidavit.

The information contained in the portal and who can access it

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The information contained includes the licence holder's identification data; the applicant's personal data; the date of issue and number; the score at the time of issue; the updated score on the date the portal was queried; any suspensions; and any credit deductions.

It can be accessed by qualified interest holders, including public administrations, workers' safety representatives, territorial safety representatives, joint bodies registered in the National Directory of the Safety Consolidation Act, works managers, safety coordinators in the design and execution of works.

The credit allocation mechanism

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At least 15 credits are needed to work on a construction site. The initial allocation is 30 credits, linked to the seniority of the company to which up to a further 40 credits can be added over time for activities, investments in training (up to 30 credits for occupational health and safety actions and up to 10 for other actions).

But let's see how the mechanism of attributing the 30 credits per company seniority registered with the Chamber of Commerce works, which are the sum of up to 10 credits attributable at the time the licence is issued (in detail, up to 5 years of seniority no credit, 3 credits from 5 to 10 years, 5 credits from 11 to 15 years, 8 credits from 16 to 20 years, 10 credits over 20' years) and up to 20 credits attributable after the issuance of the licence on the basis of the principle of 1 credit for every 2 years of activity (i.e. if the issuance date is 1 October 2024, the additional 20 credits accrue on 1 October 2064).

As for the allocation of the additional 40 credits, up to 30 are attributable for additional activities, investments, and training in occupational health and safety, including: certification of a SLG compliant with UNI EN ISO 45001; investments in workers' training, in addition to compulsory training, in particular foreign workers; use of technologically advanced solutions on the basis of agreements with the comparatively most representative social partners.

Up to 10 credits are attributable for additional activities, investments, and training, such as the possession of SOA Certification I and II classification; application of certified contractual and organisational standards in the use of labour; possession of reputational requirements assessed on the basis of qualitative and quantitative indices as well as on definitive assessments that express the company's reliability in the executive phase, respect for legality and the objectives of sustainability and social responsibility.

Four examples of credit allocation to companies with a licence issued on 1 October 2024

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A company that has two years of registration with the Chamber of Commerce when the licence is issued on 1 October 2024, and submits the application without certifying activities or investments in training, has 30 credits awarded.

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A second company, in addition to the 30 basic credits, having accrued 12 years of seniority will add another 5, and being able to certify activities, investments or training in occupational health and safety will obtain another 5 for a total of 40.

Let us then take a company with 22 years of seniority at the time of registration will obtain 10 credits to be added to the 30 basic credits, then being able to certify activities, investments or training in occupational health and safety will add another 5 and being able to certify other activities, investments and training a further 2 for a total of 47 credits awarded. The same company, in the absence of contested violations (which accrue one credit every two years from the issuance of the licence) will have to wait until 2064 to add another 20 credits for a total of 67.

Suspension of activities: between obligation and option

Suspension is mandatory for a maximum of 12 months in the case of fatal accidents due to gross negligence on the part of the employer or his delegate or manager.

Suspension is possible for up to 12 months in the case of an accident causing permanent disability or irreversible impairment due to serious misconduct on the part of the employer or his delegate or manager. The measure is adopted by INL, which verifies, at the end of the precautionary suspension, the restoration of safety conditions at the worksite where the violation occurred.

The debt collection mechanism

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Up to 15 credits can be recovered through training courses after evaluation by the territorial commission composed of representatives of INL and INAIL with the participation of representatives of health authorities and the territorial workers' safety representative.

The commission is called upon to verify the effective fulfilment, after the violations ascertained, of the occupational health and safety training obligations by the site managers and workers and any investments in health and safety.

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