What Is A Points-Based Licence for Construction Sites?

The points-based licence for construction sites, introduced by Decree-Law no. 19/2024 published in the Official Gazette no. 52 of 02/03/2024, has been in force since 1 October 2024 and is mandatory for companies and self-employed workers operating on temporary or mobile construction sites in Italy.

This decree introduces the points-based  licence, or credit-based licence, to assess the qualification of companies and self-employed workers operating on construction sites

The goal of the points-based license is to prevent negligence and violations of workers’ health and safety regulations on construction sites.

This regulatory instrument was created to increase safety at work, prevent accidents and ensure compliance with the European standards provided for by the European Directive 92/57/EEC on construction site safety.

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Who Must Have A Points-Based Licence For Construction Sites?

All companies and self-employed workers, Italian or foreign, who carry out activities in temporary or mobile construction sites defined in Article 89, paragraph 1, letter a, are obliged to hold a   licence.

In detail, the obligation to possess a points-based   licence will be required on construction sites involving construction or civil engineering works with the following characteristics:

• Construction, maintenance, repair, demolition
• Renovation or dismantling of fixed, permanent or temporary structures
• Road, railway, hydraulic, maritime and hydroelectric works
• Assembly and disassembly of prefabricated elements

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Companies Exempt From The Obligation Of A Points  Licence

Companies that possess SOA certification or other equivalent European certifications that enable participation in public tenders in Italy are exempt from the obligation.

Safetyone offers direct assistance to verify the validity of foreign certifications on the Italian territory.

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What Documents Do You Need To Get A Points-Based  Licence For Construction Sites?

To obtain a points-based   licence for construction sites, the following documents and requirements are required:

• registration with the Chamber of Commerce, Industry and Crafts;
• fulfilment by the employer, managers, supervisors and workers of the company of the training obligations referred to in Article 37;
• fulfilment, by self-employed workers, of the training obligations provided for by this decree;
• possession of the valid single document of contribution regularity (DURC);
• possession of the Risk Assessment Document (DVR);
• possession of the Single Document of Fiscal Regularity (DURF).

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Who Issues A Points-Based License For Construction Sites And How To Get It Quickly?

The license is issued digitally by the National Labor Inspectorate after verification of the necessary documentation.

Safetyone fully supports foreign companies in the management of all bureaucratic procedures, ensuring speed and ease in obtaining a   license.

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How Does Points License Score Work For Construction Sites?

Each company starts with a total of 30 credits. These credits are reduced in the event of ascertained violations of safety regulations on construction sites. Specifically, the following are lost:

• 10 serious violation claims listed in Annex I;
• 7 receivables for workers’ exposure to the risks indicated in Annex XI;
• 5 credits for violations provided for by Law no. 73 of 2002;
• 20 credits in the event of liability of the company for a fatal accident;
• 15 credits in the event of an accident with permanent disability (total or partial);
• 10 credits for an accident involving the absence of the worker for more than 40 days.

In the event of particularly serious accidents (fatal accidents or accidents with permanent disability), the National Labour Inspectorate may decide to temporarily suspend the licence for up to a maximum of 12 months.

Credit recovery: Lost points can be easily recovered by attending specific safety training courses, which allow you to reacquire up to 5 credits for each course attended. SV S.R.L. organizes these courses directly, also taking care of the transmission of the necessary documentation to the Inspectorate.

Competitive Advantages Of Points Licence For Foreign Companies

Owning a points-based   licence for construction sites allows foreign companies to:

• Successfully participate in Italian public tenders.
• To increase competitiveness and reputation in the Italian market.
• Ensure regulatory compliance and raise safety standards.

Why Choose SV S.R.L.?

SV Srl, with twenty years of experience in the field of safety on construction sites, accompanies you step by step in obtaining and maintaining the points license for construction sites. Our multilingual, fast and professional consultancy frees your company from any bureaucratic problems, allowing you to focus exclusively on growth opportunities in Italy. Don’t put your company’s reputation and activities at risk: contact us now to ensure full regulatory compliance and maximum competitiveness on the Italian market.

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L'articolo Points-based licence for construction sites: complete guide to operating in Italy proviene da Safetyone.it.

The main regulatory text concerning construction site safety is represented by Legislative Decree 81/08 and specifically by Title IV of the same, entitled “Temporary and mobile construction sites”. This chapter is none other than the old Legislative Decree 494 of 1996 which, after countless changes and additions, was repealed and inserted within the TUSL.

This section consists of 17 articles, from 88 to 104 inclusive, and 9 Annexes, which refer exclusively to construction sites (from Annex X to Annex XVIII). It is clear that the rule is not, however, governed exclusively by these sections, as other articles or Annexes of Legislative Decree 81/08 are applied in a more generic way in the workplace, such as Annex XIX, concerning safety checks on metal and fixed scaffolding, which may concern not only a temporary and mobile construction site, but also a maintenance intervention managed by the Customer in Title I.

What is a temporary and mobile construction site?

With reference to Article 89 and Annex X, “temporary and mobile construction site” or more simply “construction site” is defined as any place where construction or civil engineering works are carried out, including, by way of example, construction, maintenance, demolition, renovation of fixed, permanent or temporary works, in masonry, reinforced concrete, metal, wood or other materials, including the structural parts of the plant works.

This definition assumes a fundamental role and the priority task of the Customer is to establish, first of all, whether or not the activity to be carried out falls within the scope of Title IV.

It is in fact clear that the management of the works in Title IV provides for costs to be borne by the Client not secondary, especially in relation to the appointment of Safety Coordinators and related bureaucratic tasks, but it is also true that this choice is not “discretionary”. More than twenty years after the entry into force of the Construction Sites Directive, it still happens to hear the phrase “the Client has decided to manage the work in Title I through a DUVRI, as it was a maintenance or plant engineering intervention”.

This does not mean that these interventions must be managed compulsorily in Title IV, but simply that before deciding on the scope, it is advisable to re-read Annex X and in case of doubt about the applicability or not contact a trusted consultant.

The extension of the scope of application, by the legislator, also to interventions on structural parts of plant works means in fact that if the activity involves building interventions such as traces, small demolitions, excavations of modest entity or interventions on elements of support to plants of various kinds, the intervention falls as a whole within the definition of “temporary and mobile construction site” and consequently all the obligations referred to in Title IV are triggered.

On the contrary, the undue adoption of Title IV, in a more precautionary perspective, does not provide for risks or responsibilities on the part of the Client; but even in this case it is not advisable as it represents an unnecessary cost borne by the same.

When does Title IV of Legislative Decree 81/08 apply?

In the event that the activities fall within one of the cases provided for in Annex X of Legislative Decree 81/08, Title IV applies.

However, the legislator has provided for an important simplification for small construction sites where the presence of only one executing company is foreseen, or the non-mandatory nature of appointing the Coordinator in the design phase and in the execution phase, since there are in fact no interference problems.

Otherwise, in the event that the presence of several executing companies is foreseen, even if not simultaneously, the Client or the Works Manager, together with the assignment of the design assignment, has the obligation to designate the Design Coordinator (CSP) and before awarding the works to designate the Safety Coordinator during the Execution phase (CSE).

However, it is important to underline the fact that the identification of a single contractor does not allow it to subcontract one or more activities. In order not to fall within the appointment obligations indicated above, it will be the responsibility of the Customer to explain in the contract that the company can not in any case subcontract the works and ensure during the work that this clause is respected.

In the event of an accident at work and failure to appoint the CSP/CSE (where required by law) the civil and criminal liability profiles borne by the Customer are particularly heavy.

Another aspect to underline is that even in the presence of only one executing company, the Client is always obliged to verify the technical and professional suitability of the company according to the specifications set out in Annex XVII and send the preliminary notification in the event that the presumed amount of work exceeds two hundred man-days.

If you want to deepen the topic related to the methods of verification of the Technical Professional Suitability of companies (ITP), consult the article “Who deals with the verification of the Technical Professional Suitability of Companies“.

Penalties to be paid by the Customer

At the end of this article we would like to emphasize that the Customer is punished:

• with the arrest from three to six months or with the fine from 3,071.27 to 7,862.44 euros for the violation of Article 90, paragraphs 3, 4 and 5; or the failure to appoint the CSP and the CSE even if the appointment obligation is triggered during the work for the entry of a second company not initially foreseen
• with the arrest from two to four months or with the fine from 1,228.50 to 5,896.84 euros for the violation of Article 90, paragraph 9, letter a), or for failure to verify the technical professional suitability of an executing company

In relation to the above it is of fundamental importance for a Client, when carrying out even partially construction interventions, to carefully evaluate the scope of Title IV, to carry out the verification of the company’s ITP, to appoint the CSE and CSE and to transmit the preliminary notification (where necessary) and above all to make use of the support of an RDL in the event that you do not have adequate skills to manage these issues.

Do you have doubts about whether or not the activities to be carried out within your company or property fall under Title IV?

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L'articolo Temporary and mobile construction sites: when Title IV applies proviene da Safetyone.it.

In this article we will provide Clients with a summary of the obligations imposed by the legislation on site safety, responsibilities and strategic tools to protect themselves.

In order not to make the treatment of the issues in question too complex, some regulatory steps have been simplified as they are aimed at a novice public. Please refer to in-depth articles on the discussion of specific topics.

Safety of construction sites: regulatory framework

The text of the law of reference is always the Legislative Decree 81/08, c.d. TUS (Consolidated Safety Act), and specifically the Title IV – TEMPORARY OR MOBILE CONSTRUCTION SITES.

Originally the text of the reference law was Legislative Decree 494/96 (now repealed) also called “Construction Sites Directive“, legislation transposing a Community Directive on safety on temporary and mobile construction sites released in the 90s.

In particular, the reference articles of the TUS are those from 88 to 104 inclusive, as well as Annexes from X to XIX inclusive.

What is a temporary or mobile construction site?

With reference to Article 89 and Annex X of Legislative Decree 81/08, a temporary or mobile construction site, hereinafter referred to as “construction site” is any place where construction or civil engineering works are carried out, i.e. “construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping work, transformation, renewal or dismantling of fixed, permanent or temporary works,  masonry, reinforced concrete, metal, wood or other materials“.

In practice, any intervention of ordinary, extraordinary maintenance and renovation of a property.

What are the obligations of the Client on construction sites or temporary or mobile construction sites?

With reference to Article 90, the Client or the Works Manager (RdL – we will see who he is later) has the following obligations:

• in construction sites where the presence of several executing companies is expected (even if not simultaneously), appoints the Coordinator for Safety in the Design Phase (CSP) and the Coordinator for Safety in the Execution Phase (CSE)
• verifies the Technical-Professional Suitability (ITP) of contractors, executing companies and self-employed workers in relation to the functions or works to be entrusted, in the manner set out in Annex XVII
• asks the executing companies for a Declaration of the Average Annual Headcount (DOMA), distinguished by qualification, accompanied by the details of the workers’ complaints made to the National Institute of Social Security (INPS), the National Institute for Accidents at Work (INAIL) and the construction funds, as well as a declaration relating to the National Collective Labour Agreement (CCNL) stipulated by the comparatively most representative trade unions, applied to employees.
• transmits to the granting administration, before the start of the works covered by the building permit or the declaration of commencement of activity, a copy of the preliminary notification, the DURC (Single Document of Contributory Regularity) of the companies and self-employed workers, and a declaration certifying the verification of the further documentation referred to in the previous points.

Who is the Construction Site Safety Coordinator?

Leaving aside the regulatory definitions, we can define the Safety Coordinator on construction sites as the technical consultant appointed by the Customer to design the safety of the construction site (CSP) and to verify compliance with the safety standards during construction (CSE). This role, formally defined by Articles. 91 and 92 of the TUS, in smaller construction sites is usually covered by a single professional.

Specifically, the CSP (Safety Coordinator in the Design phase) is the one who prepares:

• the Safety and Coordination Plan (PSC), the document that specifically defines the coordination and safety measures for the construction site in question
• the Technical File or Work File (FT), the document that must be kept by the Customer for future maintenance or adaptation.

On the contrary, the CSE (Safety Coordinator in the execution phase) is the one who supervises the compliance, by the executing companies, with the safety standards on site and the suitability of the documents produced by them, through:

• inspections recorded on the construction site (VIS)
• Security Coordination Meetings (RCS)
• checks on the documentation produced by the executing companies (POS and construction site safety documents specific to each company) and on the suitability of the workers operating on site.

In order to cover the role of CSP and CSE, a technical qualification (surveyor, engineer or architect) and a 120-hour specialization course (with subsequent refresher courses) are required.

Who is the Project Manager?

The RDL or Works Manager is instead the subject to whom the Customer can delegate the tasks indicated in the previous paragraph.

Unlike the construction site safety coordinator, to carry out the function of RdL no special skills or qualifications are needed, even if it is widely desirable to identify a subject with requirements similar to those of the CSP or CSE in order not to make the institution of delegation ineffective (translated: it is not very protective for a Client to transfer control and supervision tasks to a subject that does not have adequate skills).

Does the appointment of the RDL exempt the Customer from liability?

With reference to Article 93, the Client is exempt from the responsibilities related to the fulfillment of the obligations limited to the task conferred on the Project Manager. Furthermore, the designation of the CSP and the CSE does not exempt the client or the RdL from the responsibilities related to the verification of the fulfillment of the obligations referred to in articles 91, paragraph 1, and 92, paragraph 1, letters a), b), c) d) and e) ie the main obligations imposed by the legislator on the CSP and the CSE

It is important to underline that the Legislator and the judgments of the Supreme Court have identified the Client as the “economic engine” of the work, effectively imposing on them the task of carrying out assessments on the safety and health of workers operating on the site. In fact, it is the Client who almost always chooses the companies on the basis of technical-professional requirements or economic evaluations, who agrees with the designer the tender specifications and who often enters into the merits of the technical-operational solutions.

In all these cases, which can be defined by the judge as interference by the Customer on the choices of the companies and on the methods of execution of the works, there is a profile of civil and criminal co-responsibility of the Customer in the event of an accident at work.

Strategies to reduce civil and criminal liability in the event of an accident on site

From the above and on the basis of the principle of “culpa in eligendo” and “culpa in vigilando” it is clear that the Customer must take specific actions to avoid civil or criminal co-liability profiles. Specifically, the priority strategies are:

• Appoint CSPs and CSEs that have previous skills and experience in the field of construction site safety (through the analysis of CVs and training certificates)
• Verify that the technical offer specifies the methods of service provision (e.g. number of inspections planned during the construction site, methods of recording inspections and coordination meetings, etc.)
• Be wary of “allologists”; the technician who plays the role of designer, construction manager, who presents the practice in the land registry, who processes the energy certification and also deals with the Restructuring Bonus, very rarely has experience in the field of construction site safety, a theme that with the evolution of the legislation requires technical-legal skills that cannot be acquired with a construction site safety course (even if lasting 120 hours)
• Check which IT tools the technician uses to effectively perform the role of RdL or CSE. And in this case we are not referring to the availability of a construction site safety software for the processing of PSC or FT but of computerized management tools (such as management platforms) able to simplify the verification processes of all the documentation concerning safety (priority and somewhat protective aspect for the Customer).

Conclusions

Based on the above, it can be said that safety on construction sites has evolved enormously in the last decade, presupposing increasingly specialized and targeted skills on the part of technicians operating in the sector. By analogy, the legislator has defined a central role of the Client as safety supervisor, it is in fact inevitable the interference of the same in the decision-making processes and in the choices of suppliers and making these tasks and responsibilities fall on the field of site safety.

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L'articolo Safety of construction sites: vademecum for the Client proviene da Safetyone.it.

The preparation of the PSC is governed by Title IV of Legislative Decree 81/08 (TUS) in the context of a temporary and mobile construction site hereinafter referred to as “construction site”, i.e. any place where construction or civil engineering works are carried out.

Specifically, ANNEX X defines as construction sites:

Construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping, conversion, renewal or dismantling of fixed, permanent or temporary works of masonry, reinforced concrete, metal, wood or other materials, including structural parts of power lines and structural parts of electrical installations, road or railway works,  hydraulic, maritime, hydroelectric and, only for the part involving construction or civil engineering work, reclamation, forestry and earthworks works. As well as building construction or civil engineering works, excavations, and assembly and dismantling of prefabricated elements used for the realization of construction or civil engineering works.

As can be seen, many activities fall within the scope of Title IV, from the renovation of an apartment, to the plant adaptation of a plant to a forestry arrangement.

Who prepares the Safety and Coordination Plan for a construction site?

Within a construction site, the subject who has the obligation and skills to prepare the PSC, is the Coordinator for safety in the design phase (CSP).

The tasks and responsibilities of these are defined by Article 91 of Legislative Decree 81/08.

The CSP during the design of the work and in any case before the request for submission of offers provides for the preparation of the Safety and Coordination Plan (PSC) and the preparation of the Technical File of the work (FT).

When is the Safety and Coordination Plan mandatory?

In construction sites where there is the presence of several executing companies, even if not at the same time, the client, together with the assignment of the design assignment, designates the design coordinator (CSP) who, as already indicated, has the obligation to prepare the PSC.

What responsibilities does the Client have for the contents of the PSC?

Article 93 of the TUS – Responsibilities of clients and project managers – paragraph 2 establishes that “the designation of the coordinator for the design and the coordinator for the execution of the works, does not exempt the client or the person in charge of the works from the responsibilities related to the verification of the fulfillment of the obligations referred to in Article 91, paragraph 1” or from the verification of the correct preparation of the PSC.

It is clear that in most cases the Client (especially if private) does not have the technical skills to verify the suitability of this document, but this does not exclude a profile of co-responsibility especially in the context of complex building interventions or in relation to the choice of the CSP based only on economic criteria.

But how do you avoid civil and criminal liability on the adequacy of the SGP?

The aspects that the Customer (especially if a company) must evaluate are:

• CSP requirements by requesting the specific CSP/CSE attestation and related updates (valid for five years)
• Skills of the CSP through the analysis of previous experiences on similar jobs (through the CV)
• Compliance with the minimum contents of the PSC.

On this last issue (more complex to analyze) our suggestion is to check if it respects in a macroscopic way the specifications indicated in the following paragraph and in particular if:

• is specific and detailed of the construction site in question
• contains photos and graphics
• contains a work schedule
• assesses the risks (including interference) related to the individual work phases

What are the minimum PSC contents? Analysis of Annex XV of Legislative Decree 81/08

According to Annex XV of the SUP, the PSC must contain:

• the identification and description of the work, explained with the particulars of the construction site, the description of the context in which the intervention area is located and a summary description of the work, with particular reference to the design, architectural, structural and technological specifications of the same;
• the identification of subjects with security tasks, showing the names and references of the subjects already identified such as: RdL, CSP and CSE and of the main functions with top roles in security matters
• a specific section (to be completed by the CSE) with the list of executing companies and their references (registered offices and names of employers);
• a report concerning the identification, analysis and assessment of concrete risks, with reference to the area and organization of the construction site, the works and their interferences;
• the indication of the design and organizational choices, as well as the preventive and protective measures, with reference to the site area, the organization of the construction site and the works
• the indication of the operating requirements and of the preventive and protective measures and the personal protective equipment to be used in relation to interferences between the processes
• coordination measures relating to the common use by several companies and self-employed workers, as a choice of work planning aimed at safety, of collective protection equipment, equipment, infrastructure, means and services;
• organisational arrangements for cooperation, coordination and mutual information between employers;
• the planned organisation of the first aid, fire-fighting and evacuation of workers,
• the analysis of the expected duration of the work phases and the work sub-phases taken from the work schedule provided by the Client
• the calculation of the presumed size of the construction site expressed in man-days;
• estimating the costs of security

In relation to point 2.1.3 of Annex XV, the complementary and detailed procedures to the SGP related to the autonomous choices of the executing companies, to be explained in the SOPs, must also be indicated.

With reference to the construction site, the PSC must also contain the analysis of the elements related to the state of the places that may determine interference criticalities such as:

• presence of airlines and subservices
• external factors that pose risks to the construction site, with particular attention to the surrounding vehicular traffic
• any risks that construction work may entail for the surrounding area (such as noise, dust, material fall from above).

The PSC must also analyze the phases and sub-phases of work by assessing the risks potentially present, with reference to the area and organization of the construction site, to the processes and their interference, with particular attention to the risk of:

• investment from vehicles circulating in the construction site area
• Burial in excavations
• fall from above
• resulting from the demolition and maintenance of preserved parts
• fire and explosion for hazardous processes and materials used on site
• electrocution
• noise
• related to the use of chemicals.

The PSC, moreover, for each element referred to in the previous points must report:

• the design and organizational choices aimed at defining the preventive and protective measures required to eliminate or minimize the risks of each individual phase of work as well as the related coordination measures

With reference to the interference between the processes and their coordination, the PSC will also report:

• a detailed analysis of work interferences with the help of the work schedule
• the operational requirements for the spatial or temporal phase shift of interfering processes and the procedures for verifying compliance with these requirements
• where risks of interference remain, preventive and protective measures and personal protective equipment to minimise such risks.
• coordination measures relating to the common use of collective protection facilities, equipment, infrastructure, assets and services.

The PSC must also be accompanied by drawings, relating to safety aspects, including the timing of  the processing and explanatory tables of the preparations (including scaffolding and provisional works) and the most critical operational phases.

PSC: why turn to construction site safety experts?

Too often, in the context of a temporary and mobile construction site, technicians (architects, engineers and surveyors) are forced to deal with multiple issues, from design to construction supervision, from energy efficiency to structural ones, from building practices to cadastral ones.

It is clear that only professionals specialized in safety and hygiene at work are able to better manage all issues related to site safety, preparing PSCs that comply with legal requirements and protect customers

Need to set up a PSC and appoint a CSP?

SV Srl, thanks to its twenty years of experience in the sector, is able to provide you with a fast, economical and professional service.

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L'articolo PSC: Why turn to experts in the field? proviene da Safetyone.it.

Safety on construction sites: standards and prevention

The legislation on safety on construction sites is very articulated and has its roots in 1956, with Presidential Decree 164/1956 (Rules for the prevention of accidents at work in construction). That provision did not yet include a key element for safety, namely risk analysis and planning of measures to combat them effectively. Subsequently, the European Community issued the Construction Sites Directive 92/57/EEC for the management of temporary or mobile construction sites. In Italy this Directive has been implemented through Legislative Decree 494/1996 with variations with respect to the original standard. With this Decree, important provisions have been introduced on the use of personal protective equipment (PPE) and collective protective equipment (DPC). Finally, with Legislative Decree 81/2008, defined as the consolidated text on safety at work, Legislative Decree 494/1996 was repealed and included in the TUS in Title IV, a chapter specifically dedicated to the rules to ensure safety on construction sites.

Safety on construction sites: PSC, PSS and POS

The PSC stands for Safety and Coordination Plan, and is the document necessary for safety planning on construction sites where several executing companies are planned at the same time. The PSS,  on the other hand, corresponds to the replacement Safety Plan, which represents the document to be prepared, in the case of public works, for construction sites with a single executing company. Finally, the POS, or the Safety Operational Plan, is the document that the Employer of the executing company draws up for the safe planning of its activities. A correct planning of the construction site must necessarily identify:

• analysis of operational activities
• identification of the subjects that intervene on site
• analysis of the schedule of activities
• analysis of work interferences.

Safety on site: risk analysis

The purpose of risk assessment is to identify the most appropriate interventions to prevent diseases and accidents at work and, in general, to reduce the possibility of harmful events occurring. Protective measures, on the other hand, tend to limit the negative effects of a possible harmful event.

Specifically, the interventions that the Customer must adopt are:

1. organizational, operational measures and technological updates;
2. technical measures of collective and individual prevention and protection;
3. provide for the provision and use, by all workers, of adequate personal and collective protective equipment;
4. information, training and training activities for workers.

Safety on construction sites: training and information

The risks associated with working on construction sites are many and can be traced back to several factors:

• risks related to organizational deficiencies
• interference between work activities
• Risk of falls from height
• Investments and crushing
• Exposure to noise and vibration
• Risk of contact with chemical agents or substances
• Biohazard

Learning about these risks (and others of a specific nature) reduces the likelihood of potentially harmful events occurring.

Very important tools, in the field of safety on construction sites, are the training, information and training of workers, essential elements to increase the awareness and sensitivity of each worker.

Do you need to appoint the CSP, CSE or RdL for your construction site?

SV Srl, thanks to its twenty years of experience in the sector, is able to provide you with a fast, economical and professional service.

CONTACT US NOW TO REQUEST OUR SUPPORT

L'articolo Safety on construction sites: prevention and protection proviene da Safetyone.it.

Title IV of Legislative Decree 81/2008 provides for detailed regulations for the protection of health and safety on construction sites. Title IV literally refers to “temporary or mobile construction sites“, but also contains special organizational measures applicable to construction or civil engineering work.

First, it is necessary to delimit the meaning of the term “construction site”. Art. 89 defines it as a place where construction or engineering work is carried out, characterised by two elements:

• The temporariness, understood as the provision of a limited duration in time of the activities aimed at the realization of the work.
• Mobility, as a peculiarity of not being fixed in a given place, as it is destined to be moved in the territory for the realization of a large work, such as road construction sites, which advance day by day.

Who are responsible for compliance with construction site safety regulations?

Basically all subjects are obliged to respect and enforce the rules on safety on site. However, each figure obviously has different responsibilities (both civil and criminal) in relation to the role covered. Below are the main figures involved in temporary and mobile construction sites:

• Client
• Works Manager (RdL)
• Design Safety Coordinator (CSP)
• Execution-Time Safety Coordinator (CSE)
• The Contractor, often called simply “Custodian”
• Construction companies and self-employed persons

The figure of main responsibility within the construction site is certainly the Client, the subject for whom the entire planned work is carried out.

The Customer can be a private or public entity. In the latter case, the person responsible must be identified as the person who has decision-making and spending powers for the management of the contract.

The figure of the Client is fundamental because it responds to the decision-making and programmatic – design obligations of the construction site. However, these powers may be transferred to the Project Manager, exempting the client from any liability.

Originally, the assignment of the assignment to the Works Manager did not exempt the client from liability, but the corrective decree no. 106/2009 modified the discipline, eliminating the duty of the client to carry out checks on the work of the Works Manager.

What are the main duties of the Client to ensure safety on construction sites?

The Customer, in order to protect himself and not incur both civil and criminal sanctions, must:

• Apply general protective measures. It is a programmatic obligation to identify and assess all the risks for its activity, also in order to adopt all the appropriate prevention and protection measures to eliminate at source the risks present in the construction site
• Designate the Designer and the Safety Coordinator in the Design Phase (CSP), the latter in the event that more than one company will be present on site (even if not at the same time)
• Designate the Safety Coordinator during the execution phase, before the assignment of the works, in the event that there are several companies on site (even if not at the same time)
• Identify the contractor or self-employed person for the realization of the work
• Verify the Technical Professional Suitability (ITP) of self-employed workers or contractors and executors. In particular, it must request the appropriate documentation required by law
• Consider and apply the provisions contained in the Security and Coordination Plan (PSC)
• Require the executing companies:
  • the declaration of the average annual staff, broken down by qualification
  • the details of the INPS and INAIL complaints of workers
  • the Single Document of Contributory Regularity (DURC)
  • the declaration relating to the National Collective Labour Agreement (CCNL) applied
• Communicate the name of the CSP and the CSE to the executing companies and make it public in the cartel of the construction site
• Check the work of the CSP and CSE and if this is not considered adequate to the extent and characteristics of the processes, replace them with more prepared subjects
• Transmit to the competent administration, before the start of the works subject to SCIA (Certified Report of Start of Activity) all the documents necessary for the start of the works
• Suspend activity in case of serious and imminent danger

Finally, it should be noted that the appointment of the CSPs and the CSE does not relieve the Client of the obligation to supervise the fulfilment of the relevant and respective obligations.

From the analysis of the duties described above, it clearly emerges the importance of the role of the Client within the safety system on construction sites and the need to create a network of subjects that assist it and that implement a protection system suitable to avoid accidents or damage during the realization of the works.

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SV Srl has decades of experience in the field of site safety, holding positions as CSP / CSE / RdL and Safety Supervisor for any type of temporary and mobile construction site.

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L'articolo Construction site safety: who is responsible for safety? proviene da Safetyone.it.