Contractor ’ s Corner with the same approach , however the SAQCC Gas is the only body that has the ability to de-registered a gas practitioner . An association cannot perform de-registration as they have no mandate for this action . In cases of serious offence , the matter can be escalated directly to the SAQCC Gas , bypassing the association .
There are differing areas of responsibility that fall into two pillars . One being that registered practitioners are the responsibility of SAQCC Gas , while non-registered practitioners are the responsibility of Department of Employment and Labour . The distinction comes about because SAQCC Gas only registers competent persons , giving them licenses to work in the gas environment .
Should a registered practitioner come across a person who is not registered , they have an obligation and the right to report such persons to the Department should they contravene any rules . It is however advisable and proactive , if a non-registered person is seen to contravene any element – to offer remedial action as a first measure through showing the person best practice and conduct . Should they then choose to ignore advice and guidance the matter can be referred to SAQCC Gas .
The code of conduct , which has been mentioned before , is broken up further into :
• very serious misconduct offenses
• serious misconduct offenses , and
• deregistration sanctions It is highly important to understand the various offences . Very serious misconduct includes fraud , dishonesty , and attempts to misrepresent facts on behalf of self or others including actual or attempted bribery . These offences speak for themselves ; this is bad practice and is not acceptable in the refrigeration industry , and the SAQCC Gas won ' t allow this .
Very serious misconduct further includes failure to observe client safety procedures - for example , you can be working on site and not adhere to that company ' s policies , or the misconduct in not going through the necessary safety protocols and briefing sessions . Others include falsification of any documentation , being found in possession of or under the influence of illegal drugs or alcohol . Another offence is working outside of the license and registration scope as its extremely dangerous , and failure in one or more of the agreed codes of conduct .
The lesser , serious misconduct offenses include the norm or failure to carry out safe work procedures or observe safety requirements in a situation , failure to notify the responsible person of an unsafe situation be it dangerous or hazardous behaviour that can result in harm or death to oneself or others , negligence or carelessness , misrepresenting facts or non-disclosure , disclosure of confidential or sensitive information , poor workmanship , and malicious damage to customer property .
Looking then at the codes of good practice , the important points to highlight are that the practitioner will only take on those assignments which fall within their authorized level of competence and registration , and scope of work nor on another gas which is outside of their scope . Prior to taking on any work , a practitioner must also establish who the owner is of the equipment because some companies rent the equipment . Next , another very critical element is the signature of documentation that can only be declared on work that the practitioner has personally carried out , or what has been caried out with supervision over with personal knowledge through direct technical control or supervision . This is a particular area of transgression .
An example , you can ’ t get to a project in Durban , you stay in Joburg but send your own team , there they do their job but you are the gas practitioner who signs off the team ’ s work as competent people and you declare you that you have been directly involved and you sign the CoC from where you are but this cannot be done as you have no level of supervision or technical knowledge of the actual work undertaken . The next in the code of good practice is to continue to update your skills and maintain proficiency and your own profile . Another is to maintain the highest degree of personal integrity , credibility and business ethics at all times . An infamous clause is the reporting of unsafe or sub-standard practices . Don ’ t just walk past , practitioners need to protect their own environment and may become guilty by association . A further important element to note as part of the codes of good practice is to avoid engagement in any anti-trust behaviour that include matters of competitive nature or pricing – including any act that can be considered as collusion .
TYPICAL ERRORS BY DEFAULTERS
• Blank signed CoCs – Going on holiday for two weeks , signing five and give it to staff
• Blank signed pressure test certificates
• No , or insufficient supervision
• Poor workmanship – safety compromise
• Incorrect pressure testing
• Use of substandard or poorer quality equipment
• Modifying an appliance or equipment to fit another purpose
• Working outside the scope of registration
• Non-conformity to various aspects or OHS act , PER and safety regulations
• No equipment / appliance permits
• ‘ Taking chances ’
ROLE-PLAYERS AND DISCIPLINARY PROCESS
• Chairperson – This is someone who must be impartial and unbiased
• Initiator
• Defendant
• Witnesses
• Gas Practitioner Representative ( s )
• DEL – can be included in an appeal process )
The detail around the disciplinary process is available from the SAQCC Gas but includes investigation around all of the facts which determines the severity , the disciplinary committee is informed , charges are frames , notice of disciplinary hearing is issued to the defaulter , impartial chairperson is appointed , hearing takes place with
www . hvacronline . co . za RACA Journal I June 2021 57