The concept of “Wet Hire” plays a significant role in Italy’s construction industry, but there are clear legal definitions and boundaries set when it comes to a company’s responsibilities on site. When the company providing “wet hire” participates actively in the execution phases of work with its own equipment and personnel, it is no longer simply a service provider. Instead, it is legally regarded as an executive company and therefore subject to specific compliance obligations, including the creation of a POS (Piano Operativo di Sicurezza or Operational Safety Plan).
What is Wet Hire?
Wet Hire refers to the rental of machinery with an operator provided by the renting company. It differs from “Dry Hire”, where only the equipment is rented, leaving the management and operation to the renting party. Wet Hire is often chosen for tasks requiring professional skills or where specialized equipment is necessary.
However, this type of rental can create legal and safety-related complications, especially if the provider of the Wet Hire goes beyond merely supplying the machinery and its operator.
The Legal Obligation to Provide a POS
The Cassazione Penale n. 11739/2017 judgment clarified that when a company delivering Wet Hire is involved in multiple phases of execution on a construction site with its own resources (machinery and workforce), it is considered an executive company. This classification comes with added responsibilities, particularly the obligation to draft and implement a POS.
Further, Cassazione Penale n. 31640/2018 emphasized that firms cannot claim the exclusive nature of Wet Hire services to avoid preparing a POS. If actions include specific operational methods for executing the work, the rental company is no longer acting as a mere supplier; it is contributing directly to the project’s execution and must comply with safety regulations.
Key Criteria Determining POS Obligation
- Active Participation: If the renting company is engaged in any decision-making or execution processes that extend beyond machinery operation.
- Provision of Personnel: The presence of the company’s personnel actively involved on the construction site.
- Specific Execution Modes: When services include not just machine operation but contributing to how the work is executed.
The Importance of Managing Suppliers for Construction Site Safety
Ensuring safety on a construction site isn’t just about following regulations—it’s about minimizing risks for everyone involved. Thorough vetting and management of suppliers, including those offering Wet Hire, is critical to maintaining compliance and protecting workers.
One effective way to manage suppliers and their requirements is through a dedicated cloud platform.
These platforms ensure:
- Seamless coordination with suppliers.
- Accurate qualification and verification processes.
- Centralized documentation, including POS and other compliance requirements.
Leveraging these tools creates a safer, more organized environment for both contractors and suppliers.
Final Thoughts
The line between Wet Hire as a rental service and participation in construction activities can sometimes blur, but Italian legal rulings provide much-needed clarity. If the company renting machinery with an operator contributes directly to construction processes, it assumes the role of an executive company, making a POS mandatory.
Stay proactive by managing your suppliers effectively and ensuring full compliance with safety protocols. Doing so not only keeps your project on the right side of the law but also fosters a safer working environment for all parties involved.