State training agency Solas is facing legal action from companies who argue that it is breaking competition law by offering Safe Pass courses to builders.
Anyone working on a building site in the Republic must have a Safe Pass card, issued by Solas after they complete a recognised safety awareness course, and which they must renew regularly.
Solas began offering an alternative Safe Pass renewal course through multinational Pearson in February 2023, angering businesses that provide the same renewal service.
Full Circle Safety Ltd, Euro Safety & Training Services Ltd and several individuals have filed proceedings in the High Court alleging that Solas is in breach of competition law by offering its own Safe Pass renewal courses.
RM Block
The companies argue that as Solas is acting simultaneously as both regulator and commercial provider of the Safe Pass renewal service, this “constitutes a conflict of interest”.
They add that Solas is undermining “the integrity of its regulatory function” and distorts the market for renewal courses, disadvantaging the companies and others in the same business.
The companies argue that Solas is preventing, restricting or distorting competition in Safe Pass renewal courses by offering the service. They also maintain that the course offered by the State agency does not “constitute a training programme”, according to the regulations governing the scheme.
The companies want the High Court to order Solas to stop offering the Safe Pass renewal courses. They are also seeking damages where appropriate. In response, Solas said on Thursday that it was not aware of the proceedings issued by the companies.
“Safe Pass training programmes are not delivered by Solas,” the agency said. “The programmes are delivered by external Solas-approved tutors and training organisations.”
The plaintiffs filed their claim with the High Court on August 1st.
Solas, established in 2013, is the State agency responsible for overseeing apprenticeships and other vocational training schemes. It also oversees the Safe Pass and safety awareness training programmes and the construction skills certification scheme, needed in posts where safety is critical.
