The INL has published some attached FAQs on its website.
While the second (irrelevance of the SOA category, already clarified with circular no. 4/2024) and the third (relating to the fact that, in the case of the presence of multiple employers and multiple production units, the possession of the requirements – DVR and appointment of the RSPP – must be understood as referring to the entire company and therefore all employers must have appointed the RSPP and drawn up the relevant DVR), the first and fourth are of some relevance.
The first further clarifies who must do the self-certification and for when.
Self-certification with the PEC must be done by companies and self-employed workers who are already operating on temporary or mobile construction sites as of 1 October 2024. Therefore, if on 1 October the interested parties are not operating at any construction site, they are not required to send the certified e-mail. From 1 October it is possible to apply via the site, so it is possible, even for those who are working, to immediately apply electronically.
Self-certification is possible until October 31st and from November 1st it will no longer be possible to operate without having previously applied
The fourth clarifies the content of the declaration regarding employer training: given that this training becomes mandatory only as a result of the State-Regions agreement, until the adoption of that provision, the declaration which also includes having carried out training for employers (inserted in the subject of the self-certification and the application), cannot constitute a reason for untruthfulness, given that neither the self-certification nor the application through the portal “can concern obligations that cannot be considered obligatory”
Trend of questions and need for further interpretations
The Ministry of Labor highlighted that, as of 9 October, through the service portal of the National Labor Inspectorate, 45,878 credit licenses had been issued for companies and workers operating on temporary or mobile construction sites (through the application via the portal ), another 6686 were saved in draft form as well as 286,071 self-certifications having arrived (via PEC)
Numbers that the INL judges to be too distant compared to the quantity of subjects who, even through verification alone at the Chamber of Commerce, would be obliged to request credit for a driving licence.
In this regard, please note that the transmission of the PEC does not entail the issuing of the driving license as it is necessary to formalize the request via the online service.
It follows that those who have only sent the self-certification and have not submitted an application on the Portal will not be able to operate on temporary and mobile construction sites starting from 1 November 2024.
The INL therefore urges those who have submitted the self-certification sent via PEC and those who intend to directly submit the application through the Internet Portal to submit the application through the portal, also to avoid an excessive concentration of accesses in last days of October.
In fact, such an eventuality could cause misunderstandings and slowdowns in the, albeit simple, operations required of the operator.
National Confindustria, in order to facilitate the process of adapting to the new obligation, has long formulated questions to clarify, first of all, the scope of application, believing that the generic terms of the rule (e.g. mere supply, intellectual activities, executing companies, etc.) may justify uncertainties in the formulation of the question.
This is the case, for example, of the existence or otherwise of the obligation for activities in film studios (art.88, paragraphs 2, letter g) and 2 bis) (where the installation of the structures should not correspond to a construction site ) and in the case of setting up stands at trade fairs (where, similarly, assembly and disassembly in an area where there is no construction activity should not be a prerequisite for the existence of the obligation)
The clarification relating to physical access to construction sites, contained in INL circular no. 4/2024, is certainly useful, but many others are needed immediately (at least in terms of application scope) to support the system of companies in the process of adhering to the legal obligation
This is also to understand, for example, what happens if a company asks the question but – due to the activity it carries out – it is highlighted later (also as a result of the desired clarifications) which is not required by law (e.g. works on construction sites but carries out an activity excluded from the obligation). The doubt concerns, in particular, the relevance or otherwise of any errors in the application, the impact of the commission of any relevant violations for the purposes of deducting the score, the impact of preventive actions worthy of an increase, the application of the suspension. In the opinion of Confindustria, the company – in the absence of a revocation or cancellation procedure due to non-existence of the obligation – could keep the license and obtain both the automatic initial score and the increases, but could not suffer the negative effects foreseen by the law exclusively for obliged subjects (revocation, suspension, reduction)
It is believed that the influx of applications may also be difficult due to the complexity of the checks regarding the declaration relating to the fulfillment of the training obligation in the field for all interested parties, especially for larger companies.
The clarification present in the FAQ of 4 October appears important, as it states the irrelevance of the declaration relating to the employer’s training, but the general question still remains unresolved (despite the clarifications in circular no. 4/2024), i.e. whether the fulfillment of the training obligation leads to the positive conclusion of everyone courses for everyone the workers (which would make it practically impossible to formulate the question) or what is the different condition that legitimizes the formulation of a truthful question (e.g. course planning).
