Verifying employee qualifications

Background

WorkSafe has been informed of alleged fraudulent qualification certificates that may have been used to demonstrate individual competencies across a range of disciplines.

Fraudulent qualifications could pose a health and safety risk if they are used to falsify skills in a particular area – such as first aid, implementing traffic management plans or working safely at heights.

WorkSafe is reminding employers that, under the Occupational Health and Safety Act 2004 (OHS Act), they must, so far as is reasonably practicable, provide and maintain a safe working environment.

This includes providing and maintaining safe systems of work and ensuring employees have the information, instruction, adequate training, qualifications, licences and supervision they need to work safely.

Employees must take reasonable care for their own health and safety and that of others in a workplace.

Safety issues

Nationally recognised qualifications are not administered or regulated by WorkSafe Victoria and are typically delivered by Registered Training Organisations (RTOs) and other approved training providers. They are not a legal requirement in most Victorian workplaces, however, they are commonly used by individuals to demonstrate the competency required for a specific task.

These qualifications are distinct from high-risk work licences, which are issued and regulated by WorkSafe and are a legal requirement for certain prescribed activities in a workplace.

Employers cannot rely solely on a qualification or certificate as evidence that an employee is competent to perform work safely.

Where the authenticity of a qualification is in doubt, employers should take steps to verify the qualification and satisfy themselves that employees have the appropriate training, knowledge, skills and experience to perform their duties safely.

This is particularly important where qualifications relate to high-risk work activities or other critical safety functions.

WorkSafe may take enforcement action where duty holders deliberately use fraudulent qualifications and, as a result, create a risk to health and safety.

Recommended ways to control risks

Employers should:

• ensure employees receive appropriate information, instruction, training and supervision
• verify qualifications where there is any doubt about their authenticity by:
  • checking that the qualification was issued by an approved Registered Training Organisation (RTO) by searching the National Training Register
  • contacting the relevant RTO to confirm the validity of qualifications, or report suspected fake qualifications
• assess whether employees have the knowledge, skills and experience necessary to perform their duties safely
• maintain systems to monitor and review employee competency, particularly for high-risk work
• verify High-Risk Work Licences (HRWL) through WorkSafe's licence validation service where concerns exist about the validity of a licence - Validate a licence.
• report suspected fraudulent activity in relation to qualifications to Victoria Police or the appropriate education and training regulator.

Legal duties

Under the OHS Act, employers must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health.

This includes providing and maintaining safe systems of work and ensuring employees receive the information, instruction, training and supervision necessary to perform their work safely.

Employees also have duties under the OHS Act.

Under section 25, employees must take reasonable care for their own health and safety and for the health and safety of other persons who may be affected by their acts or omissions at a workplace.

Licences administered by WorkSafe

Certain high-risk activities prescribed under the Occupational Health and Safety Regulations 2017 can only be carried out by people who hold a licence issued by WorkSafe Victoria.

There is no evidence to date that suggests any link between fraudulent qualifications and WorkSafe High Risk licences.

Employees must complete approved training and assessment through accredited RTOs and Independent Assessors before applying to WorkSafe for one of these licences.

The following high-risk work licences are administered and regulated by WorkSafe Victoria:

1. Basic scaffolding licence (SB)
2. Intermediate scaffolding licence (SI)
3. Advanced scaffolding licence (SA)
4. Dogging licence (DG)
5. Basic rigging licence (RB)
6. Intermediate rigging licence (RI)
7. Advanced rigging licence (RA)
8. Standard boiler operation licence (BS)
9. Advanced boiler operation licence (BA)
10. Turbine operation licence (TO)
11. Reciprocating steam engine operation licence (ES)
12. Tower crane operation licence (CT)
13. Self-erecting tower crane operation licence (CS)
14. Derrick crane operation licence (CD)
15. Portal boom crane operation licence (CP)
16. Bridge and gantry crane operation licence (CB)
17. Vehicle loading crane operation licence (CV)
18. Non-slewing mobile crane operation licence (CN)
19. Slewing mobile crane operation licence (up to 20 tonnes) (C2)
20. Slewing mobile crane operation licence (up to 60 tonnes) (C6)
21. Slewing mobile crane operation licence (up to 100 tonnes) (C1)
22. Slewing mobile crane operation licence (open/over 100 tonnes) (C0)
23. Reach stacker operation licence (RS)
24. Boom-type elevating work platform operation licence (WP)
25. Materials hoist (cantilever platform) operation licence (HM)
26. Hoist (personnel and materials) operation licence (HP)
27. Concrete-placing boom operation licence (PB)
28. Forklift truck operation licence (LF)
29. Order-picking forklift truck operation licence (LO)
30. Non-slewing telehandler operation licence (over 3 tonnes) (TV)

Further information

• Information about employer duties under the OHS Act is available on the WorkSafe website.
• Concerns regarding nationally recognised qualifications should be directed to the relevant Registered Training Organisation or the appropriate education and training regulator, including:
  • the Australian Skills Quality Authority (ASQA) for nationally recognised vocational education and training qualifications: Australian Skills Quality Authority (ASQA)
  • the Victorian Registration and Qualifications Authority (VRQA) for certain training providers and qualifications within its regulatory remit: Victorian Registration and Qualifications Authority
• Information about HRWLs and licence verification is available on the WorkSafe website.