SARACCA is an association of contractors who have individually and jointly agreed to a set of governing standards, the association recognises the importance of Pressure Equipment Regulations certifications and specific delegations of duties. SARACCA members are dedicated to upholding regulations and do not compromise as far as compliance is concerned, one of SARACCA recognised Training Providers reported the following;
Geoff Hobbs of Techniskills, was recently requested by certain parties to attend a CCMA appeal, to give evidence as to the validity and origin as well as purpose of the PER Act. A company had found it necessary to dismiss an employee after he had failed to successfully complete his PER certification, on his third attempt (no extra cost to company or employee).
In terms of the Department of Labour mandate to SAQCC Gas and SARACCA’s mandate to providers, the basis of the evidence presented, with precise dates and attempts, the CCMA commissioner was oblige to rule in favour of the company. The company had done all it could to ensure its own and its employee’s compliance with legislation.
The last aspect to this was the fact that the employer had a very specific delegation of appointment and duties. Had he not ensured that the employee was appointed to a specific function, there would have been a risk that a non-performing employee may have required accommodation in a lesser role that did not necessitate this certification.
The CCMA agreed that by not attaining the required legislative certification, the employee had incapacitated himself. The above instant makes it evident that air conditioning and refrigeration contactors do not compromise in following the protocol of the Pressure Equipment Regulations, even if it means dismissing unfit employees.
Companies who have candidates with certain components of the certification outstanding, need to ensure that the candidates complete this soonest. The recognised training providers are always available to offer the Safe Handling of Refrigerants under pressure training for the registration with SAQCC Gas.