Credit license in construction

On 1 October 2024, the points or credit-based driving licence, already provided for in Legislative Decree 81/08, updated by Legislative Decree 19/2024, comes into force in the building industry.

The credit licence is a compulsory qualification system for all companies and self-employed workers operating on temporary or mobile construction sites. Art. 27 of Legislative Decree 81/08 has always provided for such a qualification system, but it is now updated by Article 29, paragraph 19 of Law 56/2024 converting, with amendments, Decree Law 19/2024.

There are basically two objectives:

  • Raising safety standards: the idea behind this is that by encouraging good practices, we aim to significantly reduce accidents at work;
  • Make companies accountable: the points licence will be an indicator of the reliability and seriousness of operators.

Added to this is the fact that in public tenders, the driving licence score will be an evaluation criterion.

How the credit licence works

Its functioning is similar to that of the driving licence:

  • each subject has an initial score of 30 credits,
  • the score decreases in the event of safety violations,
  • To work within the law, a minimum of 15 credits must be maintained. Below this score it will not be possible to work.

Here are all the questions and answers on the credit licence

What is a credit licence and who must have it?

The credit licence is a digital document that, as from 1 October 2024, companies and self-employed workers working on temporary or mobile construction sites, with the exception of those who perform services of an intellectual nature and mere material supplies, must possess.

What are the requirements for obtaining a driving licence?

The requirements are as follows:
– registration with the Chamber of Commerce,
– fulfilment of training obligations,
– regular DURC and DURF,
– DVR,
– having appointed a Prevention and Protection Service Manager.

By when?

In order to obtain the points licence, an application must be made by 1 October. Companies that have not applied by this date as of 1 October will not be allowed to work in construction.

Are there any exceptions to the obligation to hold a driving licence?

Yes, companies holding the SOA Category III qualification certificate are not required to hold a licence.

Do foreign companies have to be licensed?

Since there is nothing equivalent abroad, companies and self-employed persons established in another EU or non-EU Member State will have to provide a self-declaration of equivalent requirements.

Who issues the credit licence?

The licence is issued in digital format by the National Labour Inspectorate.

How do you obtain a licence and how do you apply?

Possession of the requirements is self-certified. The application must be made on the Labour Inspectorate portal.
Please note that it is necessary to have SPID or CIE.

What happens if a company makes untruthful declarations?

The licence is revoked in the event of untrue declarations on the requirements, which are ascertained during post-issue checks. All false declarations will be prosecuted by law.

What information will be contained in the licence?

The licence will contain the following information: company and applicant data, licence identification data (number and date of issue), the score, and the outcome of both suspension and final measures.

How many credits does the licence initially have?

The licence has an initial score of 30 credits.

Are extra credits provided?

Additional credits may be obtained in the following ways
– a maximum of 30 extra credits for company seniority;
– an automatic accumulation of 1 credit every two years;
– a maximum of 40 credits for companies that invest in health and safety (e.g. in training, equipment, machinery, management systems, etc.).

How many credits are needed to be able to work?

A minimum of 15 credits is required.

How are credits lost?

The curtailment takes place with a definitive measure following serious, very serious and fatal accidents as indicated in Annex I-bis of Legislative Decree 81/08.

What happens if the score falls below 15 credits?

With less than 15 credits it is not allowed to work on construction sites, except for the completion of work in progress if it exceeds 30% of the contract value.

Will it be possible to recover debts?

Yes, the recovery of points will be possible (up to 15) on the basis of the investment in health and safety.

Can the licence be suspended?

Yes, the Labour Inspectorate may suspend the licence for up to twelve months in the case of accidents that cause the death or permanent disability of the worker.

What sanctions are there for those operating without a licence or with an insufficient score?

An administrative penalty of 10% of the value of the works and in any case not less than €6,000, as well as exclusion from public works in accordance with the Procurement Code, is envisaged.

Who is entrusted with the obligation to check the driving licence?

The client must assess the technical-professional suitability of the companies in accordance with Annex XVII.

  


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