Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
hulmey  
#1 Posted : 09 November 2017 10:14:47(UTC)
Rank: New forum user
hulmey

I deliver in-house training on a number of heath and safety topics for site engineeers with a certificate of training issued on successful completion.  Does the certificate have any legal status (maybe in a claims case) and is there any guideline as to who should sign them.... the trainer, the manager, both??

A Kurdziel  
#2 Posted : 09 November 2017 12:11:35(UTC)
Rank: Super forum user
A Kurdziel

Any piece of paper can have the status of a ‘legal document’ if it is introduced as evidence in a court case.  But in most cases a document can be challenged but generally courts accept paperwork at face value. So for example if someone issued a Permit to Work signs and filled it in correctly and then used it in court to describe the controls that were being applied in a particular situation the court would accept that was truthful record of what happened unless there was evidence that it was ‘faked’.  In European countries some documents are always taken at face value unless there is evidence that it is not authentic (ie a ‘fake’). In the UK, courts have always preferred the original version of a document under the ‘best evidence rule’ but that is changing. They also like some conformation by a witness, for example in the PTW case, someone who will vouch that they filled in the PTW, signed it etc.

douglas.dick  
#3 Posted : 09 November 2017 15:26:18(UTC)
Rank: Forum user
douglas.dick

The problem wont be the bit of paper, it will be the content of the course and your competence in delivering and assessing it that will be called into question. Providing these are fine, then the paper will be important. Without it I feel it is worthless.

It should be the trainer/assessor that signs the paperwork

Edited by user 09 November 2017 15:28:48(UTC)  | Reason: addition

thanks 2 users thanked douglas.dick for this useful post.
georgiaredmayne on 09/11/2017(UTC), lorna on 10/11/2017(UTC)
Woolf13  
#4 Posted : 13 November 2017 13:00:57(UTC)
Rank: Forum user
Woolf13

Hi,

It is the employers legal duty to provide training to their employees on the risks associated with the activities the employee undertakes on behalf of the employer.

In terms of a legal case being made against a trainer, if you can demonstrate you went through the necessary subject material by providing the following:

Lesson plan/course contents/trainer competence in the delivery of the subject material/attendance sheet/suitable course materials ie handouts etc./Q&A paper/feedback sheet/certificate of attendance signed off either by the trainer or the training company.

Then as soon as the individual leaves the training course they and their employer have a legal duty to follow the training provided.

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.