The new provision of Art. 27, Legislative Decree 81/2008 introduces the obligation to possess a credit licence for contractors operating on construction sites as of 1/10/2024, with the aim of improving the safety of workers in the workplace.
The obligation extends to companies and self-employed workers who work at temporary or mobile construction sites referred to in Article 89(1)(a) of Legislative Decree 81/2008 or at any place where construction or civil engineering work is carried out. Those performing mere supplies or services of an intellectual nature (such as engineers, architects, surveyors) are expressly excluded. Also exempt from the obligation to apply for a credit licence are companies in possession of a SOA certificate of level three or higher (Art. 27, para. 15, Legislative Decree 81/2008). On the other hand, companies that do not qualify as construction companies but which carry out their activities on the construction site, such as plant engineering companies, are included. Enterprises resident in another European or non-European State operating on Italian territory can access construction sites by presenting a self-certification attesting the possession of an equivalent document issued by the State of origin and, for workers and enterprises not established in a Member State, which is recognised by Italian law.
The licence is issued, in digital form, by the National Labour Inspectorate (INL) by applying for it, either personally or through a person with the appropriate proxy, on the online portal made available on that body’s website: pending the issue of the licence, it is permitted to carry out work on the site.
The new provisions of Article 27(1) of Legislative Decree 81/2008 make the issue of the licence conditional on possession of the following requirements, the existence of which is self-certified/declared by the applicant pursuant to Article 46, Presidential Decree 445/2000:
- Registration with the Chamber of Commerce, Industry, Crafts and Agriculture;
- Fulfilment by employers, managers, supervisors, self-employed workers and employees of the training obligations set out in Legislative Decree 81/2008;
- Possession of a valid Single Document of Regularity of Contributions (DURC);
- Possession of the risk assessment document (DVR) pursuant to Article 28, Legislative Decree 81/2008, in the cases provided for by law (according to INL Circular 4/2024, this requirement is not necessary for self-employed workers and companies without workers);
- Possession of the certification of fiscal regularity (DURF) pursuant to Article 17-bis, paragraphs 5 and 6, Legislative Decree 241/1997, in the cases provided for by law;
- Designation of the person in charge of the prevention and protection service (RSPP), in cases provided for by law.
As regards the DURF (requirement (e) above), Article 17-bis, paragraphs 5 and 6 of Legislative Decree 241/1997 provides that those who can obtain the issue of this certification of fiscal regularity, valid for four months, are those who:
- Been in business for at least three years;
- They are in compliance with their declaration obligations;
- Have made, during the tax periods to which the tax returns filed in the last three years refer, total payments recorded in the tax account for an amount of not less than 10 per cent of the amount of the revenue or remuneration resulting from those returns;
- Do not have any tax rolls or enforceable assessments or debit notices entrusted to collection agents relating to income tax, IRAP, withholding taxes and social security contributions for amounts exceeding EUR 50,000, for which the payment terms have expired and payments are still due or suspension measures are not in place.
The request to obtain certification must be made to the relevant Agenzia delle Entrate Office by means of a form to be filled out, signed and delivered digitally through the document and application delivery service on the Agency’s website or by physical delivery, registered mail or PEC. Again, the existence of the statutory requirements is self-certified by the applicant in accordance with Article 46, Presidential Decree 445/2000. Currently and until October 31, 2024, it is possible to submit a temporary self-certification in lieu of a driver’s license attesting to the possession of the requirements to be sent by PEC to the address dichiarazionepatente@pec.ispettorato.gov.it. The license is issued with a score of 30 credits, which can be increased up to a maximum of 100 according to the criteria stipulated in Article 5, Ministerial Decree 132/2024. The company or self-employed person may continue to carry out their activities within the worksite as long as their license has at least 15 credits.
Administrative sanctions, amounting to 10% of the value of the work entrusted to the specific worksite and worth no less than EUR 6,000, are envisaged for those who carry out work on the worksite without a licence or with a licence that does not have at least 15 credits. A pecuniary administrative sanction (from Euro 711.92 to Euro 2,562.91) is also foreseen for the principal or the person in charge of the works who has not verified the possession of a driving licence in the case of those who carry out activities within the worksite.
If the licence does not have at least 15 credits, it is possible to initiate a procedure to recover the lost credits, subject to the assessment of a Territorial Commission that takes into account the fulfilment of the health and safety training obligation of the individuals responsible for the violations and the possible realisation of investments in the same field.
The credit licence is revoked in the event of an untruthful declaration on the existence of the requirements, ascertained during post-issue checks (Article 27(4), Legislative Decree 81/2008): the falsity of the declarations made is punishable under Article 76, Presidential Decree 445/2000. Only 12 months after revocation will it be possible to reapply for a licence. According to INL Circular No. 4/2024, the requirements may be checked by sampling, either ex officio or during inspections, and the revocation may not be made without a dialogue with the company or the employee holding the licence and an assessment of the seriousness of the violations.
The INL has the power to suspend the licence, as a precautionary measure, in cases where accidents result in the death or permanent disability of the worker (Article 27(5), Legislative Decree 81/2008).
