The Council of Ministers meeting on February 26, 2024, introduced a new requirement for the classification of companies and self-employed individuals, which is mandatory for those companies and self-employed individuals operating on construction sites: the credit-based license for companies.
The changes will take effect upon publication of the 2024 PNRR Decree in the Official Gazette, but what new provisions will be introduced?
WHAT IS THE CREDIT-BASED DRIVER’S LICENSE FOR BUSINESSES?
This certification system for companies and self-employed workers is mandatory for anyone working on construction sites. Effective October 1, 2024, this digital license will be issued by the relevant regional office of the National Labor Inspectorate upon verification that the legal representative of the company or the self-employed individual submitting the application meets the following requirements.
REQUIREMENTS
They are as follows:
- Registration with the Chamber of Commerce, Industry, and Crafts
- Compliance with the training requirements set forth in Article 37 by the employer, managers, supervisors, and employees of the company
- Compliance with Training Requirements by Self-Employed Individuals
- Possession of the Single Document of Social Security Compliance (DURC)
- Possession of the Risk Assessment Document (RAD)
- Possession of the Single Tax Compliance Certificate (DURF)
HOW CREDITS WORK
The initial score will be 30 credits, and to work at temporary or mobile construction sites, you must have at least 15 credits.
POINT-BASED DRIVER’S LICENSE SYSTEM FOR BUSINESSES: POINT DEDUCTIONS
Confirmed by investigations and enforcement actions taken against employers, managers, supervisors, and the self-employed individual.
a) determination of violations listed in Annex I of the Tusl, “Serious Violations Justifying the Suspension of Business Operations”: 10 credits;
b) identification of violations that expose workers to the specific risks listed in Annex XI of the Tusl: 7 credits;
c) penalties for violations related to documentation, registration, and notification of the commencement of business activities, as well as for the detection of undocumented work (Law No. 73 of April 23, 2002): 5 credits;
d) recognition of the employer’s liability for a workplace accident resulting in:
1) death: 20 credits;
2) permanent total or partial disability: 15 credits;
3) Temporary total disability resulting in absence from work for more than forty days: 10 credits.
CREDIT REINSTATEMENT
It will be possible to restore credits that were deducted as a result of attending occupational health and safety training courses. Each course will allow for the restoration of 5 credits, up to a maximum of 15. After the first two years, one credit will be added to the license for each year following the second, up to a maximum total of 10 credits.
An additional 5 credits are awarded to companies that adopt organizational and management models capable of exempting legal entities, companies, and associations—including those without legal personality—from administrative liability (Legislative Decree No. 231 of June 8, 2001).
INTRODUCTION: NEW OBLIGATIONS FOR THE CLIENT OR PROJECT MANAGER
The client or project manager must:
- verify the technical and professional qualifications of contractors, subcontractors, and self-employed individuals in relation to the duties or work to be assigned.
For construction sites with fewer than 200 workers per day and no particular risks, the requirement is deemed to be met by submitting a certificate of registration with the Chamber of Commerce, Industry, and Crafts and the single document certifying compliance with social security contributions, together with a self-certification attesting to compliance with the other required conditions.
- Submit a statement of the average annual headcount, broken down by job title and accompanied by data on employee registrations filed with INPS and INAIL, along with the statement regarding the collective bargaining agreement entered into by the labor unions and applied to employees
- Verification by contractors that they hold a driver’s license, even in cases of subcontracting
- Submit to the relevant administrative authority a copy of the preliminary notice, the single document certifying compliance with social security contributions, and a statement confirming that additional documentation has been verified.
ADDITIONAL MEASURES REGARDING WORKPLACE SAFETY
Another important aspect of the PNRR Decree will concern accident prevention. In fact, the decree provides for measures to prevent and combat irregular employment, including stricter penalties and increased oversight of health and safety inspections in the workplace.
With regard to combating illegal employment, the following types of measures will be introduced:
- estimate
- rewarding virtuous behavior
- repressive (criminal penalties)
Companies will need to act promptly to comply with these new guidelines. But that’s not all:
Promoting safety on construction sites and within the company can yield a number of tangible benefits. These include reducing accidents and the associated costs, improving productivity and operational efficiency, building a strong corporate reputation, as well as ensuring compliance with regulations and preventing potential legal penalties. Investing in workplace safety and high-quality training therefore translates into a significant competitive advantage for the company, in addition to demonstrating a concrete commitment to the well-being of employees and the community at large.
SiQ will be there to help you— contact us now so you won’t be caught off guard.
