Site Manager: Requirements, Appointment, and Risks
Regarding the management of technical and professional aspects related to safety on construction sites, Italian law provides for the identification of a reference figure to oversee such activities during the execution of specific construction works.
Often, the client does not have the necessary tools and skills to take on such responsibilities. For this reason, they appoint a person capable of performing the tasks outlined in Legislative Decree 81/08 on occupational health and safety (which explicitly refers to Legislative Decree no. 163 of April 12, 2006, and subsequent amendments): this is the site manager.
It should be noted that in the absence of this appointment (which is not mandatory by law), the site manager role defaults to the client. This article explores when it is advisable to appoint this figure and what their responsibilities entail.
The site manager can be the client or an external figure
The law establishes certain obligations for the client in private construction works to promote greater safety in the workplace, particularly in construction sites.
One of these safety-oriented obligations is the appointment of the site manager. The Italian Supreme Court also addressed this issue in a judgment dated June 10, 2008, confirming the centrality of this figure in managing safety on construction sites.
Furthermore, it confirmed the full responsibility of the individual for all aspects related to the safety plan for workers and highlighted the significant contribution that an experienced and well-trained site manager can make in preventing risks and accidents.
The most recent Supreme Court ruling (2009) determined that the client is exempt from their responsibilities if they delegate these duties to a site manager, who must address the requirements necessary for compliance with safety regulations.
In any case, the client may assume the role of site manager if they believe they possess the required skills to fulfill this function.
Can the site manager be the executing company?
Under Legislative Decree 81/08, the site manager must be different from the employer of the executing company. Therefore, they must be a third party, separate from the company carrying out the work.
This separation ensures that the same entity does not act as both the overseer and the overseen, thus guaranteeing greater transparency and safety in managing construction site safety commissioned by the client.
When is it necessary to appoint a site manager (81/08)?
There are several cases where appointing a site manager for construction site safety is advisable instead of the client taking on the responsibility.
The main scenarios are as follows:
- Lack of professional skills and qualifications on the part of the client to fulfill all legal obligations.
- Projects commissioned by multiple clients, requiring an external reference figure to manage site safety.
The appointment must be made in writing and signed by the parties involved. Additionally, it is crucial to verify the document’s exact date. The appointment of the site manager must be a formal delegation. Otherwise, the client remains the responsible party, despite the appointment.
However, there is a distinction between private and public clients: while private clients can appoint any suitable site manager, public clients must appoint the responsible officer for the procedure.
In both cases, the client’s exemption from the responsibilities outlined in the relevant legislation does not imply a complete lack of accountability. The client remains responsible for selecting the site manager (culpa in eligendo) and monitoring their activities (culpa in vigilando).
Requirements for a site manager
The law specifies that the site manager must be an individual responsible for certain obligations. Failure to meet these obligations can result in criminal penalties.
However, specific titles and qualifications are not required to perform this function. Therefore, a site manager can be any person with the technical training necessary to manage works in private and public construction.
The client’s responsibility is to verify the technical and professional qualifications of the site manager on behalf of the executing companies, ideally before the appointment.
Who is the site manager?
The site manager ensures worker protection and the prevention of emergencies. They may be an expert from the administrative staff or an independent contractor engaged through a professional contract.
Until August 20, 2009, the site manager was required to act as the designer during the project planning phase and possess the qualifications of the site director during the implementation phase.
It is also possible for the site manager role to be filled by a legal entity or collective entity. In such cases, it is advisable to designate individuals who, in the event of non-compliance, would be held accountable as if the role were filled by a single individual.
However, this option is not permitted in the context of public works.
The site manager should not be confused with the site director, a figure responsible for coordinating works as outlined in the new rules established by the Procurement Code and ANAC guidelines. The site director oversees the execution of works and ensures compliance with the safety plan and project specifications.
Responsibilities of the site manager
Once appointed, the site manager takes on all obligations related to their role, relieving the client of these duties.
Appointment of safety coordinators
One of the site manager’s first responsibilities upon appointment is to designate two specific roles:
- The safety coordinator for the project execution phase.
- The safety coordinator for the project planning phase.
The site manager must communicate these appointments to the companies tasked with executing the works and individual contractors. Additionally, they must ensure these names are clearly displayed on site signage.
Document verification
Before assigning the execution of works to a contractor, the site manager must verify the technical and professional qualifications of the contractors, subcontractors, and individual workers, obtaining all documents specified in Article 90, paragraph 9, and Annex XVII of the Unified Safety Code.
The site manager must also assess the contractors’ compliance with contribution and social security obligations. This includes verifying the DURC, company registration certificates, and declarations to INPS and INAIL.
For sites with fewer than 200 daily workers, the site manager must assess the professional suitability of contractors and workers. This includes obtaining annual workforce declarations and worker registration details from contractors.
Finally, the site manager is responsible for submitting the preliminary notification to the granting authority before work begins.
Risks associated with the site manager role
After appointment, the site manager assumes all responsibilities previously held by the client. According to Article 93 of Legislative Decree 163/2006, the client is relieved of obligations directly related to the site manager’s role.
However, the site manager’s obligations depend on the terms of their appointment and are detailed in Article 90 of Legislative Decree 163/2006.
The risks of this role include civil and criminal penalties, depending on the type and severity of negligence.
This highlights the importance of appointing a competent and qualified site manager aware of their responsibilities and potential risks.
