Introduction
Safety on temporary and mobile construction sites is an absolute priority for everyone working in the construction sector. With the introduction of the Credit-Based Licence, through Ministry of Labour Decree no. 132 of 18 September 2024, the legislator introduced a tool to monitor and improve safety on construction sites, making companies and workers more accountable.
In this newsletter we will provide the essential information on how the credit-based licence works, the requirements and the procedures for obtaining it.
- What is the Credit-Based Licence and who is covered?
The credit-based licence is a workplace safety monitoring system introduced by Ministerial Decree no. 132 of 18 September 2024. This system provides that every company or self-employed worker operating on temporary and mobile construction sites receives an initial score, which may be reduced in the event of breaches of workplace safety regulations.
The parties concerned are companies, not necessarily classifiable as construction companies, and self-employed workers who physically operate on temporary and mobile construction sites pursuant to art. 89, para. 1, letter a), with the exclusion of those who carry out mere supplies or intellectual services.
These parties, from 1 October 2024, are required to hold the licence.
Excluded from the scope of application of the credit-based licence are companies holding SOA certification, in a classification equal to or higher than III, pursuant to art. 100, paragraph 4, of Legislative Decree no. 36/2023 regardless of category.
- Requirements and procedures for issuing the Credit-Based Licence
To obtain the credit-based licence, companies and self-employed workers must meet the following requirements, established by Art. 27, para. 1, Legislative Decree 9 April 2008, no. 81:
- a) Registration with the Chamber of Commerce, Industry, Crafts and Agriculture:
- b) Fulfilment of training obligations: employers, managers, supervisors, self-employed workers and workers must have completed the mandatory training provided for by Legislative Decree no. 81/2008 on workplace safety.
- c) Possession of the Single Contribution Regularity Document (DURC).
- d) Risk Assessment Document (DVR): in the cases provided for by current legislation, companies must have an updated DVR.
- e) Tax compliance certification: in compliance with art. 17-bis, paragraphs 5 and 6 of Legislative Decree no. 241/1997, companies must hold tax compliance certification, in the cases provided for by current legislation.
- f) Appointment of the Head of the Prevention and Protection Service (RSPP): in the cases provided for by current legislation, the RSPP must be appointed.
The issue of the licence takes place digitally following submission of the application on the Labour Inspectorate portal (official launch 1 October 2024) through self-certification/substitute declaration of the above requirements. During the initial application phase and until 31 October 2024, it will be possible to submit the request through the certified email address dichiarazionepatente@pec.ispettorato.gov.it, attaching a self-certification/substitute declaration concerning possession of the requirements. Please note that sending the request by PEC binds the applicant to submit the application through the portal by 31 October 2024.
- How does the point deduction system work?
The credit-based licence provides that, for each breach of workplace safety regulations, a certain number of credits is deducted, in the cases and amounts indicated in Annex I-bis to Legislative Decree no. 81/2008.
Some of the most common breaches are:
- Failure to prepare the risk assessment document: -5 credits.
- Failure to prepare the Emergency and Evacuation Plan: -3 credits.
- Failure to provide training and instruction: -2 credits.
If, within the same inspection, several breaches are contested, the deduction will not exceed twice the amount provided for the most serious breach.
- How to obtain extra credits and recover lost credits
The credit-based licence is initially issued with 30 credits. However, it is possible to obtain extra credits based on various factors, including:
- Company history: up to 10 additional credits may be assigned based on the date of registration of the applicant with the Chamber of Commerce, provided no point-deduction measures have been applied.
- Two-year increase: for each two-year period following issue of the licence, in the absence of breaches, the licence is increased by 1 credit, up to a maximum of 20 credits.
- Activities, investments or training in health and safety: additional credits may be awarded in relation to investments or training activities. Up to 30 credits may be assigned for significant initiatives in the field of workplace health and safety. In specific situations, up to 10 credits may be awarded for targeted interventions.
 Methods for recovering lost credits
If the licence score falls below the threshold of 15 credits, procedures may be started to recover credits. As provided for by Ministerial Decree no. 132 of 18 September 2024, credit recovery is subject to the assessment of a Territorial Commission composed of representatives of the Labour Inspectorate and INAIL. The Commission takes the following factors into account:
- Fulfilment of training obligations: the parties responsible for the breaches that caused the credit deduction must have completed the mandatory health and safety courses, as must the workers employed at the construction sites concerned.
- Investments in health and safety: making investments in workplace safety, in accordance with art. 5, paragraph 4, letter a) of Ministerial Decree no. 132/2024, may contribute to credit recovery. This article contains a list of activities that allow additional credits to be awarded.
Companies that demonstrate that they have implemented these measures and investments, as well as having fulfilled their training obligations, can therefore restore the lost credits and continue to operate in compliance with safety regulations.
- What risks are faced by those who lose all credits?
If the licence has fewer than 15 credits, the company or self-employed worker will not be able to continue operating on the construction site. However, there is an exception for ongoing works: if the activities covered by the contract or subcontract have already been completed for at least 30% of the contract value, the company may complete the works on that specific site. This value is calculated on the basis of the specifications and must amount to at least 30% of the works assigned to the licence holder.
Operating without a licence, or with a licence that has fewer than 15 credits, entails an administrative penalty equal to 10% of the value of the works assigned, with a minimum of 6,000 euros, not subject to the warning procedure referred to in art. 301-bis of Legislative Decree no. 81/2008. In addition, exclusion from public works is provided for a period of six months.
It is also important to underline that, pursuant to art. 157 of Legislative Decree no. 81/2008, the client or the works manager who fails to verify possession of the licence (or an equivalent document for foreign workers) by the executing companies or self-employed workers, including subcontractors, is subject to an administrative financial penalty ranging from 711.92 to 2,562.91 euros. This obligation also applies to companies not required to hold the licence, but which must have SOA qualification certification classified equal to or higher than III.
- Next steps: how to prepare?
To ensure that your company complies with the regulations and is in line with the credit-based licence system, we recommend that you:
- Check the status of the construction site and compliance with safety regulations.
- Update staff training on safety matters.
- Implement monitoring and control tools to maintain compliance.
If you would like further information or support in managing safety on temporary and mobile construction sites, please do not hesitate to contact us. Our team of experts is available to provide you with personalised assistance.
As soon as the operating guide for submitting the application on the portal is published, we will promptly share it with you.
