Training

Duty to Ensure Competence of Employees

An undertaker has a statutory duty conferred under the NRSWA 1991 amended by the Transport (Scotland) Act 2005 to ensure that trained operatives and supervisors working on/in the road have a registered certificate of competency for the works they are undertaking.

A roads authority has a statutory duty conferred under the Roads (Scotland) Act 1984 as amended by the Transport (Scotland) Act 2019 to ensure that trained operatives and supervisors working on/in the road have a registered certificate of competency for the works they are undertaking.

Road works authorities, roads authorities and undertakers must use best endeavours to ensure that employees are competent to carry out the duties described in NRSWA.

The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017 (as amended in 2019 and 2023) make provision for prescribed qualifications of operatives and supervisors. Section 126 and 127 of the 1991 Act requires undertakers to afford road works authorities reasonable facilities for ascertaining whether the operatives and supervisors on site are appropriately qualified.

The road works authority can request the name and evidence of the requisite qualification from the undertaker using a Qualification Notice.

It is recommended that all undertakers use their best endeavours to ensure that staff carry a prescribed qualification card at all times when on site. This will ensure the requisite evidence of qualification is available in the first instance when challenged by a road works authority.

The Qualification Notice

Introduction

When the road works authority is unable to view the prescribed qualification card of a supervisor or trained operative whilst on site i.e. for ongoing works, a road works authority may issue a Qualification Notice to the relevant undertaker, to request the name and the relevant qualification of the trained operative on site and the supervisor whether on site or not.

Procedure

It is recommended that the road works authority issue the Qualification Notice to the undertaker through the SRWR.

It is recommended that the undertaker should respond through the SRWR. providing; the name and the prescribed qualification number of the qualified operative(s) on site and/or supervisor having the prescribed qualification. This information should be provided to the road works authority within a period of 4 hours in any working day, from issue of that notice or by 10am the following day if the time of issue is later than 12 noon.

If not responding to a qualification notice using the SRWR the name and evidence of the prescribed qualification must be provided by the undertaker using another mechanism. This should be provided to the road works authority within a period of 24 hours, in any working day, from issue of the original request.