To stop FAS /SOLAS getting €100 every four years for the safe pass Awareness course.
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Every construction worker needs a safe pass Registration card to work on a construction site.
FAS /SOLAS say every construction worker must undertake the same course every four years in order to renewed there Solas registration safe pass Awareness card.
I took a high Court case against solas regarding the (CSCS ) CONSTRUCTION SKILLS REGISTERED CARD and the high Court judge made a declaration that solas cannot in renewal of a registered card impose, as a condition of such a renewal, a requirement that the plaintiff either self -assess or be assessed or reassessed in relation to having undergone any practical experience since the previous grant or renewal of the card concerned .
In the judgment the high Court judge deal with the issue is solas entitled to impose a requirement on renewal of solas registered cards.
If SOLAS has jurisdiction to impose additional requirements above and beyond the sole requirement expressly specified in the Minister regulations, that jurisdiction must be found within the legislation and regulations. This is not a case where an instrument has ambiguous meaning, and where the court should naturally favour an interpretation that would uphold the legislative intent over one that would not. this is a case where there is no real ambiguity in the regulations, which not only do not provide a jurisdiction for what the Defendant (SOLAS ) is attempting to do but on their face provides for the opposite.
Notwithstanding this SOLAS are sill making candidates to be retested even after the court case. They say the safe pass Awareness registered cards are some what different from the cscs and qscs registered cards. Not true because all the aforementioned construction registration cards comes under the same construction regulations.
Solas safe pass courses run of the last couple of years.
2016 54,397 that was till August of that year.
If you look at the numbers that's the amount of days lost by construction workers and to pay around €100 . Last year their alone €10,000,000. was pay for the safe pass courses most of them candidates were renewal cards. For the avoidance of doubt the numbers above-mentioned are from SOLAS in which I got from a freedom of information request.
Solas comes under the aegis of the department of education and minister Richard bruton and minister John halligan are fully aware of this inappropriate actions taken by SOLAS.
SOLAS has no legal right to require construction workers to be retested the only legal right SOLAS has is to keep a record of the construction workers that have a current safe pass Awareness registered card and in order to do that construction workers must provide a update photograph and pay €25 register fee
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