One of the most frequently asked questions in the Health and Safety industry is: Am I allowed to provide training without formal accreditation or approval? The short answer is yes, in most cases. However, there are specific scenarios where accreditation is mandatory. To help you navigate this topic, let’s explore the legal framework, training categories, and best practices.
Understanding the Legal Framework
Health and Safety training in South Africa is primarily governed by two laws:
- Occupational Health and Safety Act (OHSA) [Act No. 85 of 1993]
- Mines Health and Safety Act (MHSA) [Act No. 29 of 1996]
The OHSA, particularly Sections 8 and 13, emphasises that employers must provide training to employees to ensure they understand workplace dangers, hazards and risks and know how to mitigate them. Section 8(1) requires employers to maintain a health and safe working environment, while Section 8(2) calls for:
- Conducting a risk-specific needs analysis.
- Establishing safe work procedures to mitigate risks.
- Providing information, instructions, and supervision necessary for employee health and safety.
Section 13 further mandates that employees must be made conversant with workplace hazards and the precautions to address them. However, the law does not specify who can conduct the training—employers, employees, or external providers may all deliver training, provided they are capable and meet the requirements.
Types of Health and Safety Training
There are three primary categories of Health and Safety training:
- Life Skills Training
This includes informal, non-accredited training, such as First Aid courses offered to community groups or sports teams. A Certificate of Attendance or Participation is usually sufficient in these cases. - Legal Compliance Training
This training is designed to meet the basic legal requirements for workplace health and safety, such as hazard identification, firefighting, or Health and Safety representative training. Accreditation is not be [delete “be”] mandatory unless explicitly stated by specific regulations. - Unit Standard-Aligned Training
This formal training is aligned with the South African Qualifications Authority (SAQA) or the Quality Council for Trades and Occupations (QCTO). It is often required for specialised areas, such as first aid, or driven machinery. This training must be conducted by accredited providers and requires the issuing of a Certificate of Competency exclusively by the QCTO.
When Is Accreditation Required?
Almost all training can be conducted without accreditation, certain regulations explicitly require it. Examples include:
- First Aid Training under the General Safety Regulations: Must be conducted by Department of Employment and Labour (DEL)-approved and SETA or QCTO Accredited providers.
- Asbestos Abatement Training: Requires competency defined by the OHSA, SAQA or NQF standards.
- Driven Machinery Training: Also requires accreditation and DEL approval.
In these instances, training providers must hold formal accreditation or approval, and a Certificate of Competency is issued by the QCTO upon course completion.
Navigating Challenges with Accreditation
In some cases, legislation may require competency, but no corresponding SAQA Unit Standard or QCTO qualification exists. Examples include general ergonomics training for employees and certain COVID-19 compliance courses. In these situations, employers should focus on tailoring training to meet workplace-specific risks and ensure it aligns with best practices.
Balancing Employer Expectations and Legal Requirements
Employers and clients often prefer working with accredited providers, even when accreditation isn’t legally required. To address this:
- Conduct Due Diligence: Verify the provider’s qualifications, experience, and compliance with the Consumer Protection Act.
- Clarify Needs: Determine if the client requires formal accreditation or will accept a Certificate of Attendance.
- Educate Stakeholders: Communicate when accreditation is legally necessary and when it is not. Clearly outline these points in contracts and invoices to manage expectations.
Key Considerations for Training Providers
- You may conduct training without accreditation in most cases, but always ensure your approach aligns with legal requirements.
- Employers must vet trainers and providers thoroughly to ensure competence and compliance with regulatory standards.
Conclusion
As can be seen, providing Health and Safety training without accreditation is permitted in most cases, as long as the training fulfills legal and practical requirements. However, for specific scenarios where accreditation is mandatory, compliance with these regulations is non-negotiable. By conducting due diligence, understanding your legal obligations, and tailoring your training to meet workplace-specific needs, you can confidently deliver effective customised legally compliant, risk specific Health and Safety training.
For more information, visit INTRA’s website.
