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?

SV Srl, thanks to its twenty years of experience in the sector, is able to promptly provide you with support for all issues concerning construction site safety.

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