Your Right to Deliver Occupational Health and Safety Training in South Africa

The legal right to deliver OHS training in South Africa is wider than the accreditation industry sometimes suggests. Understanding where the OHSA, the Skills Development Act, and the QCTO framework actually overlap is the difference between an unnecessarily limited business and a real consulting practice that captures the full breadth of the market.

Many independent practitioners operate under the assumption that any training requires accreditation. This is wrong, and the assumption costs them serious revenue. It also costs the South African market - tens of thousands of small employers need affordable, scope-appropriate training that the accredited system simply does not deliver economically.

Three overlapping frames

1. OHSA - places the training duty on the employer. Anyone competent can deliver, and certificates of attendance are sufficient for general OHS training.
2. Skills Development Act and QCTO - regulate the formal occupational qualification system. Required only when issuing NQF-credentialed outcomes.
3. Sector-specific regulation - Mine Health and Safety Act, Construction Regulation 7, certain DEL-prescribed competencies. Specific to context.

What this means in practice

An OHS consultant can lawfully run toolbox talks, supervisor development, induction, hazard awareness, contractor briefings, internal first aid refreshers, and a wide range of training, without QCTO accreditation, and issue Certificates of Attendance. The market for this is enormous. Every employer in South Africa has an OHSA Section 8(2)(e) duty, and most of them need affordable, defensible compliance training delivered competently and quickly.

Where you must be accredited

Issuing NQF-aligned credentials, claiming BBBEE skills development scorecard contribution, delivering certain mining and construction-mandated qualifications. None of these can be done outside the QCTO frame. The line is sharp: if the client requires the training to count for BBBEE points or generate an NQF outcome, only an accredited provider can deliver it. The non-accredited consultant who pretends otherwise commits both a SAQA Act offence and a commercial fraud.

Sector-specific regulatory triggers

• Mine Health and Safety Act - mining workforces need MHSC-accredited training in many roles
• Construction Regulations 2014 - Reg 7 specifies particular training where applicable
• Hazardous Chemical Regulations - certain chemical handler training requires DEL-recognised competence
• Major Hazardous Installations Regulations - additional competency requirements at MHIs
• Driven Machinery Regulations - lifting machine operator certifications

Each carries its own training expectation, and a generalist consultant operating without sector-specific accreditation needs to be clear about which side of the line they are on.

The hybrid practice model

The most common successful structure is a hybrid practice: a non-accredited training and consulting arm that covers daily compliance, paired with a formal partnership or referral relationship with an accredited SDP for the qualification work. The non-accredited side moves quickly, has lower overheads, and serves the bulk of daily client need. The accredited partner handles formal NQF outcomes when they are required.

The benefit is double: the consultant captures a wider revenue base, and the SDP gets a steady inflow of qualified leads from the consultant's existing client base.

Partnership agreements

Hybrid arrangements should be governed by written agreements covering:

• Scope of work each party delivers
• Brand and intellectual property ownership
• Pricing splits and revenue share
• Quality standards and learner experience expectations
• Dispute resolution and termination
• Indemnity allocation between the parties

White-label and IP licensing options

Some consultants license accredited material from established SDPs, deliver under the SDP's accreditation, and brand the experience as their own. This is white-labelling, and it can work well for both parties when the licensing terms are clear, the moderation is properly arranged, and the certificate is correctly issued by the accredited provider.

Royalty structures vary. Some packages charge a per-learner fee. Others charge a fixed annual licence with unlimited delivery. The right model depends on the consultant's expected volume and the SDP's quality control needs.

Market positioning

A hybrid practice positions naturally as a one-stop OHS service. The client who walks in needing a HIRA, a TNA, monthly toolbox talks and an annual first aid refresher gets all of it through one relationship - some delivered by the consultant directly, some routed to the accredited partner. This sticky relationship is more valuable than any single transaction and tends to generate referrals at a higher rate than transactional training.

Professional bodies and credibility

Membership of a recognised professional body strengthens the consultant's credibility regardless of accreditation status. Saiosh, IOSH and the SACPCMP each offer membership grades that signal professional standing. Clients increasingly check membership before contracting, and tender requirements often specify minimum professional registration for the lead practitioner.

Building the practice from scratch

The typical successful trajectory:

1. Year 1 - non-accredited consulting and training, building a client base and reference list
2. Year 2 - formalise partnership with an accredited SDP for the qualification work
3. Year 3 - decide whether to apply for own accreditation or remain as a hybrid consultant
4. Year 4+ - scale either through additional consultants, additional accredited offerings, or both

Going for own accreditation in year 1 is a heavy capital commitment that often slows the business down. The hybrid path captures revenue earlier and de-risks the eventual accreditation decision.

Intrasafe's article on the right to provide OHS training walks through the legal references, the common partnership structures, and the licensing terms typically used in the South African market.