The Council of Ministers passed the draft Decree-Law on the PNRR ('Further Urgent Provisions for the Implementation of the National Recovery and Resilience Plan'), which introduces a series of provisions, including some rules for the protection of workers.
In particular, a prevention mechanism on building sites has been approved – starting from October 1st - with the introduction of a 'points licence' system that aims to combat undeclared work, as well as to focus on health and safety aspects in the workplace.
The measure provides that, in order to work on temporary or mobile building or civil engineering sites (road, railway, hydraulic, maritime and hydroelectric works, electrical installations, etc.), companies and self-employed workers will be required to possess the new 'digital licence', which provides 30 initial credits by default, to be issued by the territorially competent office of the National Labour Inspectorate.
The 'digital licence' may be issued if the companies or self-employed workers meet the following requirements: (i) Registration with the Chamber of Commerce Industry and Handicrafts; (ii) fulfilment of the training obligations provided for by Legislative Decree 81/08 by the employer, managers, supervisors and workers of the company; (iii) be in possession of the valid Single Document of Contributive Regularity; (iv) be in possession of the Risk Assessment Document; as well as (v) be in possession of the Single Document of Fiscal Regularity.
The regulation provides that points will be deducted - like the driving licence mechanism - in the event of specific violations of Annex No. I of Legislative Decree 81/08, ascertained by the competent Authorities. In the event that the threshold goes below 15 credits, the licence holder will be automatically banned from accessing temporary or mobile building sites referred to in Article 89, paragraph 1, letter a), without prejudice to the completion of contract or subcontract activities in progress at the time of the last deduction of credits.
In particular, the deduction of points is connected to the outcome of the findings and consequent final measures issued against employers, managers and supervisors of the company or the self-employed worker, as follows (i) ascertainment of the violations listed in Annex I: 10 credits; (ii) ascertainment of violations exposing workers to the risks indicated in Annex XI: 7 credits; (iii) sanctioning measures referred to in Article 3, paragraphs 3 et seq. of Decree-Law no. 12 of 22 February 2002, converted, with amendments, by Law no. 73: 5 credits; (iv ) recognition of the employer's liability for a workplace accident resulting in: death: 20 credits; permanent absolute or partial incapacity for work: 15 credits; temporary absolute incapacity requiring more than forty days' abstention from work: 10 credits.
In addition to the deduction of points, companies or self-employed workers operating at building sites without a licence or with fewer than 15 credits will be subject to administrative sanctions ranging from EUR 6,000.00 to EUR 12,000. A licence with fewer than fifteen credits does not allow companies and self-employed workers to operate in temporary or mobile building sites referred to in Article 89, paragraph 1, letter a), without prejudice to the completion of contracted or subcontracted activities in progress at the time of the last credit reduction.
Moreover, in cases of fatal injury or permanent disability as a consequence of the accident, the National Labour Inspectorate 'may suspend, as a precautionary measure, the licence for up to a maximum of 12 months'.
However, it was preferable to avoid broad discretionary power by the National Labour Inspectorate in defining the criteria, procedures and terms of the suspension measure, also to avoid - as happened in the past - the non-application of the provision’s formulation of Article 14 of Legislative Decree 81/08.
Through a system of incentives for virtuous companies or workers, licence points can be 'recovered' (if they have been deducted) or increased in relation to the original ones (within the maximum limit of 15 points), as a sign of enhancing the culture of safety and prevention within the workplace. Furthermore, after two years from the date of issue, the licence - in the absence of deductions - will be automatically increased by 1 credit for each year after the second, up to a maximum of 10 credits.
Finally, a further 5 credits will be awarded to companies that have adopted an organisational model pursuant to Legislative Decree No. 231/2001.
Author: Avv. Eduardo Guarente
Contact: Avv. Eduardo Guarente e.guarente@bergsmore.com