The Government has confirmed the introduction of the Credit License for construction sites, effective Tuesday, October 1, 2024.
This provision applies to all companies and self-employed individuals carrying out activities within construction sites.
The following are excluded:
- Those solely supplying materials;
- Those providing intellectual services (architects, surveyors, engineers);
- Holders of SOA certification, which allows companies to participate in public tenders for works exceeding €150,000, issued by private bodies known as SOAs (Certification Bodies) and accredited by the National Anti-Corruption Authority (A.N.A.C.).
The requirements for obtaining the Credit License are as follows:
- Registration with the Chamber of Commerce, Industry, Crafts, and Agriculture; Compliance by the employer, executives, supervisors, self-employed workers, and employees of the company with the training obligations related to occupational safety.
- Possession of a valid single contribution compliance certificate (DURC);
- Adoption, where required by current legislation, of the risk assessment document;
- Appointment of the head of the prevention and protection service (RSPP), where required by current legislation;
- Possession of tax compliance certification (DURF) where required by current legislation.
To obtain the License, applications must be submitted starting October 1 through the National Labor Inspectorate portal, accessible via SPID or CIE through the Inspectorate’s website.
Applications may be submitted by the company or self-employed individual, also through a delegate.
The National Labor Inspectorate has taken precautions to avoid portal overload on the “click day.” In the event of platform issues or malfunctions, it will be possible to send a certified email (PEC) with a self-certification valid until November 1, 2024.
Self-certification or substitute declaration must be sent to the email address: dichiarazionepatente@pec.ispettorato.gov.it.
The transmission of self-certification/substitute declaration is valid until October 31, 2024, and obligates the operator to submit the application for the License through the National Labor Inspectorate portal by the same date. Unfortunately, this means that for many companies and self-employed workers, the License application must be submitted twice.
Starting November 1, it will no longer be possible to operate in construction sites based solely on the transmission of self-certification/substitute declaration via PEC, as it will be mandatory to have submitted the License application through the portal.
The initial credit granted to all applicants is 30 credits, which can be increased by:
- An additional 30 credits for company seniority, 10 of which are granted at the time of License issuance, and 20 accrued over time, based on the continued compliance of the company or self-employed worker;
- An additional 40 credits accrued over time, based on investments made in health and safety measures.
The client who fails to verify whether the company or self-employed worker holds the License, and the License holder themselves, may face sanctions. Furthermore, access to the construction site will be prohibited without a License or with a License holding fewer than 15 credits.
In the event of serious or fatal accidents, the License may be suspended for up to 12 months by the National Labor Inspectorate or revoked if it is found that the declarations made regarding compliance with the requirements were false.
To avoid losing credits, companies must ensure rigorous safety management on construction sites by adopting appropriate procedures and continuously monitoring compliance with the regulations.
A company managing multiple construction sites must implement continuous monitoring systems to ensure that safety procedures are followed at every stage.
Our firm is available for any necessary clarification.
(Attorney Giampiero Pino) (Attorney Eleonora Lepri) (Dr. Andrea Giorgi)
