New Roads and Street Works Act 1991: Code of Practice for the Co-ordination of Works in Roads
Chapter 12 Training
12.1 Duty to Ensure Competence of Employees
12.1.1 An undertaker has a statutory duty conferred under the 1991 and 1984 Acts as amended by the 2005 Act to ensure that trained operatives and supervisors working on/in the road have a registered certificate of competency for the works they are undertaking.
12.1.2 It is incumbent under NRSWA as amended by the 2005 Act, on road works authorities, the roads authorities and undertakers to use best endeavours to ensure that employees are competent to carry out certain functions.
12.2 The Qualification Notice (not yet operative and remains in draft format)
12.2.1 When the road works authority is unable to view the Street Works 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.
12.2.2The notice provides a mechanism for the road works authority to request the name and the relevant qualification of the trained operative on site and the supervisor whether on site or not, to enable a check to be carried out to ensure that operative and/or supervisor are qualified to carry out the works being undertaken.
The road works authority will issue the notice to the undertaker through the SRWR. The undertaker will respond, through the SRWR, in two stages:
(i) The name and the Street Works Qualification number of the qualified operative(s) on site and/or supervisor having the prescribed qualification will 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; and
(ii) Proof of qualification i.e. a copy of both sides of the Street Works Qualification Register card [photographic], will be provided to the road works authority within a period of 24 hours, in any working day, from issue of the original request.
12.2.3The Scottish Road Works Register Qualification Notice will enable the attachment of files to the original notice to provide the required evidence of qualification timeously.
12.2.4 It is recommended that all undertakers use their best endeavours to ensure that staff carry a Street Works Qualification cards 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.