19/07/2024
Is a trainer allowed to offer and provide legal compliance training on SASREA without QCTO accreditation or the Dept of Employment and Labour approval?
The South African Constitution in Section 22 states that every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
So, one could rationally assume that unless prohibited or regulated by law, you may voluntarily and legitimately perform the services of being a training provider. These services must meet the requirements of the Safety at Sports and Recreational Events Act (SASREA) No. 2, 2010, Consumer Protection Act No. 68 of 2008, SANS 10366:2015 and the Occupational Health and Safety Act (OHSA) No. 85, 1993 and applicable Regulations.
Compliance involves conforming to laws, regulations, standards and best practices relevant to the industry. It ensures that event organisers, role players and stakeholders operate within the boundaries of legality and ethics. Compliance promotes transparency, accountability and fairness, thereby enhancing the reputation and credibility of any organisation/institution. Event organisers must comply with relevant guidelines to establish trust with customers, investors, employees and regulatory authorities. Compliance assists event organisers in avoiding legal and financial penalties, safeguarding their reputation and building trust with role players and stakeholders.
Maintaining compliance equips employees to perform their jobs well. The impact of an event organiser, role players and stakeholders not complying with regulations can be severe and far-reaching. Non-compliance can lead to legal repercussions, including fines, penalties and lawsuits, and it can damage reputation, erode customer trust, and result in the loss of business opportunities. Non-compliant practices may also disrupt operations, hinder growth and negatively impact employee morale. Regulatory authorities may impose additional scrutiny and monitoring on non-compliant events, resulting in increased costs and decreased flexibility. Therefore, event organisers, role players and stakeholders must recognise the importance of compliance. Successful navigation promotes integrity, transparency, and responsible business practices, positively impacting society and the environment.
As the event organiser has the responsibility for all health and safety at an event site, he/she must ensure that there is compliance with:
* SASREA and SANS 10366:2015
* OHSA and applicable regulations
* other relevant SANS standards applicable to events.
SASREA does not stand alone, as other legislation also applies to events that must be SASREA compliant. Sections 8 and 13 of the OHSA require employers to provide health and safety training to their employees to ensure they are familiar with the dangers, hazards, and risks in their workplaces. The OHSA does not specify who may facilitate training but mandates that it must occur. Legislation rarely stipulates the qualifications of a trainer.
Therefore, an event organiser must legitimately provide health and safety information and instructions based on training. An event organiser must appoint an Event Safety Officer to assist the event organiser in being SASREA-compliant. Stakeholders in the events industry include SAPS, Local Authorities, service providers, vendors, sponsors, and everyone involved in planning or executing a SASREA-compliant event. All these role players and stakeholders must be knowledgeable about SASREA compliance, which is currently unfortunately and sadly not the case.
When does legislation require accredited or approved training?
SASREA refers to 'competent,' which in turn refers to the South African Qualifications Authority (SAQA) and the National Qualifications Framework Act (NQF) No. 67, 2008. However, some legislation, like the OHSA, may require, in some instances that a training provider be approved by the Dept of Employment and Labour.
All 11,000+ SAQA Unit Standards expired on 30 June 2024, and the Quality Council for Trades and Occupations (QCTO), established in 2010 under the Skills Development Act (SDA) No. 97, 1998, is slow in producing new guidelines similar to Unit Standards. All 21 Sector Education and Training Authorities (SETAs) are also set to be incorporated into QCTO, but the timing remains uncertain. The training industry in South Africa is currently in turmoil. The only way out is legal compliance training that is not affected by these factors.
In the case of SASREA, the Ergonomics Regulations, and COVID-19 rules, no Unit Standards ever existed, so little or no training was conducted - in some cases, training was conducted but not compliant with any Unit Standard.
The development of occupational standards and qualifications is a key priority for the QCTO in supporting workplace learning, but, to date, fewer than 400 QCTO qualifications have been developed to replace the now-defunct SAQA Unit Standards and this is since 2010. There is currently no suitable QCTO qualification in existence for SASREA, and one cannot be expected soon.
What if the client insists on accreditation?
While it is said that "the client is always right," this cannot contradict your constitutional rights. It is advisable to educate, negotiate and communicate. When trainers wonder whether they are permitted to conduct health and safety training without being approved, accredited, verified, registered, certified or recognised as a formalised training provider, the answer is a definite YES.
20 % of a client’s contribution to the Skills Development Levy (SDL) can be claimed back by:
* submitting an Annual Training Report (ATR).
* submitting a Workplace Skills Plan (WSP).
* appointing a Skills Development Facilitator (SDF).
It is important for a client to keep records of all training provided, including invoices, attendance registers, and certifications. Training that can be added to the ATR includes formal training by an external provider, formal training by the company itself, peer training, induction programmes, online courses, and more.
SSE (Pty) Ltd currently is offering Legal Compliance training via distance learning, to all event organisers, stakeholders and role players in the South African events industry. For further information, please contact us at 082 617 6226 or at [email protected] for more information.
There are currently six (6) Local Authorities countrywide that have enrolled for the training.
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According to the Oxford English Dictionary, "competent" is an adjective that describes someone or something as having the necessary ability, knowledge or skill to do something successfully. It implies being capable, proficient, or skilled enough to perform a particular task or function effectively.
In legal and regulatory contexts, such as in the context of SASREA or other legislation, "competent" often refers to meeting specified standards of knowledge and proficiency required to carry out certain responsibilities or tasks lawfully and effectively. It may involve having the appropriate qualifications, experience or certifications necessary to ensure compliance with legal requirements and safety standards.
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