From 1 October 2024, businesses and self-employed workers operating on temporary or mobile construction sites, as defined by the Consolidated Safety Act (specifically, Article 89, paragraph 1, letter a), of Italian Legislative Decree no. 81/2008), are required to have a licence, in digital format, issued by the competent local office of the Italian National Labour Inspectorate.
This requirement was recently introduced by Article 29, paragraph 19, letter a), of Italian Decree Law of 2 March 2024, no. 19, not yet converted into law, which, replacing Article 27, paragraph 1) of the Consolidated Safety Act, introduces a credits accreditation system for businesses, and self-employed workers. The licence will be issued subject to satisfying the requirements specifically identified by the law, namely: (i) registration with the Chamber of commerce; (ii) compliance with the training obligations provided for in Article 37 of the Consolidated Safety Act applicable to company employers, executives, managers and workers; (iii) compliance by self-employed workers with the training obligations; (iv) holding a valid Certificate of Contributions Compliance (Documento Unico di Regolarità Contributiva, ‘DURC’); (v) holding a Risk Assessment Document or (vi) holding a Certificate of Tax Compliance Documento unico di regolarità fiscale (DURF).
Pending the issuance of a licence, unless otherwise notified by the Inspectorate, businesses and self-employed workers will still be able to operate within construction sites.
The new system provides for an initial balance of 30 credits and a minimum of 15 credits. If the score falls below the minimum threshold, subject to exceptions, it is not possible to operate on temporary or mobile construction sites. The accreditation system provides for credit reductions in the face of certain events, assessments or measures issued against company employers, executives, managers or the self-employed worker. Without prejudice to this, it is also provided that reduced credits can be reinstated.
Verification of the holding of the licence is delegated to the principal or to the works manager. Carrying on work in the absence of a licence or while holding a licence with a score lower than the minimum gives rise to an administrative fine of up to EUR 12,000 and exclusion from participation in public works for a period of six months.
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Prior to 1 October 2024, and considering that there may be amendments to the decree before it is converted into law, companies and self-employed workers who are subject to the new obligations must take steps as to ensure compliance with the provisions of the new accreditation system.
Other related insights:
The Italian Data Protection Authority, last May 14 published a document on the Company Physician role regarding the implementation of vaccination plans for the activation of extraordinary anti-Covid-19 vaccination points, provided by the National Protocol signed on 6 April 2021.
In this document, the Data Protection Authority clarifies that the tasks assigned to the Company Physician assume the function of “general prevention measures“ to be implemented in compliance with safety at work regulations, personal data protection principles, safety protocols and updated instructions from the Ministry of Health.
The Company Physician must constantly cooperate with the employer and the health prevention and protection service in the:
Considering the ongoing emergency, the Company Physician should continue and intensify health monitoring by providing further medical examinations, for example, when employees return to work after the suspension of production activities, or if there is a gradual return of resources “to work premises.”
Recalling what has already been expressly clarified in the FAQ (“Frequently Asked Questions“) of 17 February, the Data Protection Authority reiterates that the employer must ensure that employees “are not assigned a work task without an assessment of suitability” considering “their skills and conditions concerning their health and safety” (art. 18, paragraph 1, letter c), Legislative Decree. no. 81/2008). As part of their health monitoring activities, the Company Physician is the only person entitled to process workers’ health data and check their suitability for the “specific task” (Articles 25, 39, paragraph 5, and 41, paragraph 4, Legislative Decree no. 81/2008).
The document states that compliance with the necessary allocation of roles and responsibilities between employer and physician must be ensured, including vaccination in the workplace. Although this originates from the dual need to contribute to the rapid implementation of the vaccination campaign nationally and increase safety levels in the workplace, it remains a “public health initiative.” “The general responsibility and supervision of this process is in the hands of the regional health service, through the local health authority.”
What has been done and what needs to be done to protect worker safety and business continuity? Marco Giangrande talks about it to the microphones of Energy in Organization. Health & Safety, tecnostress and productivity some of the topics covered.
Click here to watch the interview.
