7 October 2024<\/p>\n
With Decree No. 132 of 18 September 2024, the Ministry of Labour and Social Policies sets out the rules for the application and validity of the new credit license introduced to increase working health and safety on construction sites.<\/p>\n
Effective from 1 October 2024, the license is applied for via a telematic procedure that will be made available on the institutional portal. Below are the minimum requirements to be able to operate and the criteria for increasing and decreasing credits.<\/p>\n
The implementing decree was published on the Official Gazette of 20 September 2024: it is Decree No. 132 of 18 September 2024, in which the Ministry of Labour introduces the regulations for submitting the application, the information content of the license, the procedures for precautionary suspension in the case of serious accidents and the criteria for the allocation, increase and recovery of credits.<\/p>\n
N.B. The obligation to hold a license applies not only to all construction companies, including craftsmen, but also to all companies operating in specific work phases on construction sites.<\/p>\n
In particular, the persons obliged to possess the license are all companies and self-employed workers – not only construction companies, but also those operating in other categories – who work on temporary and\/or mobile construction sites referred to in Article 89, paragraph 1, letter a) of the TUSL. List of construction or civil engineering works referred to in Article 89 paragraph 1 letter a: Construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping, the transformation, renovation or dismantling of fixed works, permanent or temporary, in masonry, reinforced concrete, metal, wood or other materials, including structural parts of power lines and structural parts of electrical installations, road, railway, hydraulic, maritime, hydroelectric works and, only for the part involving construction or civil engineering and reclamation works, forestry projects and earthworks. Furthermore, are considered construction or civil engineering works excavations, the assembly and disassembly of prefabricated elements used for the construction or civil engineering works.<\/p>\n
Exempted from this obligation are companies in possession of the SOA qualification certificate with a classification equal to or higher than III, as provided for in Article 100, paragraph 4, of the Public Procurement Code, as well as those performing mere supplies or services of intellectual nature.<\/p>\n
Activities on construction sites are subject to a score of 15 credits or more.<\/p>\n
Release requirements
\nThe license is issued, upon company application in digital format, by the National Labour Inspectorate based on possession of the following requirements:<\/p>\n
a. registration with the Chamber of Commerce, Industry, Crafts and Agriculture (self- certifiable);
\nb. compliance by employers, managers, supervisors, self-employed workers and employees of training obligations (Declaration in lieu of affidavit\u0300);
\nc. possession of a valid single document of contributory regularity (self-certifiable);
\nd. possession of the risk assessment document (Declaration in lieu of affidavit\u0300);
\ne. possession of the certification of fiscal regularity (self-certifiable DURF);
\nf. designation of the RSPP – Prevention and Protection Service Manager (Declaration in lieu of affidavit).<\/p>\n
N.B. Issuance is automatic, and, in any case, it is possible to work between the application and the issuance of the licence, unless otherwise notified by the National Labour Inspectorate.<\/p>\n
The workers’ safety representative and the territorial safety representative must be informed of the application within five days of its submission.<\/p>\n
Any false declarations made in the application will lead to the license suspension, but 12 months after any revocation, the company or the self-employed person may apply for a new license.<\/p>\n
Non-EU companies
\nCompanies and self-employed workers established in a European Union Member State other than Italy are required to submit self-certification proving that the equivalent document issued by the competent authority of their country of origin has been recognised under the Italian law. If they are not in possession of an equivalent document, they are required to apply in Italy.<\/p>\n
Content of the license
\nAfter submitting the application on the National Labour Inspectorate (INL) portal, the license will be made available in digital format and will contain the following information:
\nidentification data of t h e legal entity, individual entrepreneur or self-employed person holding the license;
\n\u27a2 personal data of the applicant;
\n\u27a2 date of issue and license number;
\n\u27a2 score awarded at the time of issue;
\n\u27a2 score updated at the date of consultation of the portal
\n\u27a2 any suspension measures pursuant to Article 27(8) of Legislative Decree No. 81 of 9 April 2008;<\/p>\n
\u27a2 any final measures involving the reduction of credits pursuant to Article 27(6) of Legislative
\nDecree No. 81 of 9 April 2008.<\/p>\n
To the information on the portal have access:
\n\u27a2 public administrations;
\n\u27a2 workers’ safety representatives;
\n\u27a2 the joint bodies registered in the National Directory of the TU Security;
\n\u27a2 the person in charge of the work;
\n\u27a2 safety coordinators in the design and execution of works;<\/p>\n
The license will initially be endowed with 30 credits, enabling immediate operation on construction sites.<\/p>\n
N.B. The allocation of 30 credits may be increased up to a maximum of 100, following the performance of activities, investments and training, and for each two-year period following the issue in which no reduction occurs.<\/p>\n
Credit Acknowledgement
\nUp to 30 credits are attributable when the license is issued, based on seniority of registration with the C.C.I.A.A:
\nA. up to 10 credits (for company history)
\n\u27a2 Up to 5 years: 0 points
\n\u27a2 5 to 10 years: 3 points
\n\u27a2 11 to 15 years: 5 points
\n\u27a2 16 to 20 years: 8 points
\n\u27a2 Over 20 years: 10 points
\nAdditional credits, up to a maximum of 40, may be awarded:<\/p>\n
B. up to 30 credits attributable for activities, investments, additional training in work-related
\nhealth and safety, including:
\n\u27a2 certification of a SLG compliant with UNI EN ISO 45001
\n\u27a2 investment in the training of workers, beyond compulsory training, in particular of foreigners
\n\u27a2 use of technologically advanced solutions based on agreements with the
\ncomparatively most representative social partners.
\nC. up to 10 credits attributable for additional activities, investments, training, including for example:
\n\u27a2 possession of SOA Certification I and II classification
\n\u27a2 application of certified contractual and organisational standards in the employment of
\nlabour
\n\u27a2 possession of reputational requirements assessed based on qualitative and quantitative
\nindicators as well as on definitive findings expressing the reliability of the company in the<\/p>\n
execution phase, the respect for legality and the objectives of sustainability and social
\nresponsibility
\n\u27a2 one credit for every 2 years of activity without violation contestation.<\/p>\n
Points deduction
\nThe license will be subject to the deduction of points in the event of definitive measures concerning the employers, managers and supervisors of the company or self-employed person.<\/p>\n
Violations resulting in a higher points deduction include:<\/p>\n
\u27a2 reduction of 20 credits in the event of a fatal accident of an employee of the company due
\nto violation of the rules on the prevention of accidents at work;
\n\u27a2 deduction of 15 credits: accident of an employee of the company resulting in absolute
\npermanent incapacity for work, due to violation of the rules on the prevention of accidents
\nat work;
\n\u27a2 curtailment of 10 credits: work- related disease of an employee of the company resulting
\nfrom the violation of the rules on the prevention of accidents at work.
\n\u27a2 Deducted credits may be recovered after verification by a Territorial Commission composed
\nof representatives of INL and INAIL with:
\n\u27a2 the participation of representatives of health authorities and the local workers’ safety
\nrepresentative
\n\u27a2 any investments in health and safety.<\/p>\n
Suspension of activity
\nThe duration of the license suspension, in any case not exceeding 12 months, is determined by considering 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 verifies the restoration of safe working conditions on the worksite where the violation occurred.
\nIn the event of accidents resulting in the permanent incapacity of one or more workers or an irreversible impairment, the suspension of activity is optional and left to the assessment of INL staff, but for a period not exceeding 12 months.
\nOn the other hand, the suspension of the credit license is mandatory in the case of accidents resulting in the death of one or more employees attributable to the employer, or to other specifically named close associates of the employer, at least by way of gross negligence.
\nIn view of the above, we invite companies and professional customers to check whether they are covered by the obligation to hold a credit license. Of course, the firm is at your disposal for assistance in this further fulfilment.<\/p>\n
<\/p>\n
Dr. Angelo Pisciotta<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
7 October 2024 With Decree No. 132 of 18 September 2024, the Ministry of Labour and Social Policies sets out the rules for the application and validity of the new credit license introduced to increase working health and safety on construction sites. Effective from 1 October 2024, the license is applied for via a telematic […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[140,149],"class_list":["post-10585","post","type-post","status-publish","format-standard","hentry","category-news","tag-lawyer-pisciotta","tag-pisciotta-palermo"],"acf":[],"yoast_head":"\n