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General training participation terms

By applying to use the SAFE Work Manitoba Training Portal, the participating training provider agrees that:

1. Obligations of a training provider

  1. In order to obtain approval to use the SAFE Work Manitoba Training Portal to post general training courses that do NOT have a training standard, each training provider will submit to SAFE Work Manitoba the following documents:
    1. completed General Training Application Form in Form Manager; 
    2. supporting elements required for application processing, including the General Training Configuration Form and Course Information Form; and 
    3. statement that the training provider has read, understood, and accepted the SAFE Work Manitoba Training Portal’s Terms of Use. 
  2. The training provider understands that it must comply with all applicable Acts and Regulations and maintain its own general liability insurance. 
  3. The training provider understands that it must create a safe, healthy, and accessible learning environment, provide learners with course information and requirements in advance of course delivery, and meet the learning needs of individual learners. 
  4. The training provider must ensure that its trainers maintain qualifications that are current and valid, including, but not limited to: 
    • technical occupational health and safety knowledge and experience; 
    • combination of adult education knowledge and delivery experience; 
    • knowledge of training course content; and 
    • knowledge of relevant Acts and Regulations.
  5. The training provider must ensure its individual trainers: 
    • create a positive learning environment; 
    • engage learners; and 
    • assess learning and performance. 
  6. The training provider will not provide false or misleading statements to SAFE Work Manitoba. 
  7. The training provider will not provide any false or misleading statements to any third parties about any matters relating to the SAFE Work Endorsed Training Standards Program.  
  8. The training provider will engage in conduct that promotes safety and health and will not engage in conduct which, in the reasonable opinion of SAFE Work Manitoba, could bring the reputation and credibility of the SAFE Work Endorsed Training Standards Program into disrepute. 
  9. Upon receipt of approval, the training provider will immediately inform SAFE Work Manitoba of any change in employer name, change of ownership, or any other relevant information. 
  10. The training provider may be subject to quality assurance activities to determine adherence to the requirements set out in this document, which may include, but not be limited to: 
    • audit of training provider in training delivery; 
    • review learner evaluations from all courses; and 
    • validation that all course materials are reviewed periodically to reflect any changes in applicable Acts and Regulations, current best practices or relevant research findings.  

2. Suspension or termination

  1. Approval of a training provider will terminate if the training provider breaches any of its obligations as set out herein and in the SAFE Work Manitoba Training Portal’s Terms of Use. 
  2. SAFE Work Manitoba will advise the participating training provider of such termination by giving written notice. 

3. Reinstatement

SAFE Work Manitoba may set additional terms and conditions for reassessment of a training provider whose approval has been suspended or terminated. 

4. Amendment

SAFE Work Manitoba may amend any of the terms and conditions set out here by posting revisions on SAFE Work Manitoba’s website and/or the SAFE Work Manitoba Training Portal.

5. Notices and communication

  1. Any notice required to be given in writing shall be deemed to have been given when provided by email on the date the email was sent or by courier on the date it was delivered.
  2. The training provider will keep SAFE Work Manitoba apprised of its current mailing and email addresses. Failure to do so may result in the training provider not being aware of an issue which may lead to suspension and/or termination.

6. Exclusion of liability and indemnification

Notwithstanding any other provision in this document or any statements, representations, agreements, or conduct to the contrary, in no event will SAFE Work Manitoba, the Manitoba Safety & Health Training Standards Council, or Programs and Standards Specialists be liable to the training provider, its individual trainers, or to anyone claiming through it or them for any claim or loss, whether in contract, tort, or regulatory proceeding, arising from or connected in any way with the interpretation or application of these terms and conditions as a result of participating in the SAFE Work Endorsed Training Standards Program.

7. Waiver

The failure of SAFE Work Manitoba to insist upon the performance of any term or condition contained herein or to exercise any right will not be construed as a waiver of such term or condition, and no waiver will be inferred by anything done or omitted by SAFE Work Manitoba.

8. No assignment

The training provider must not assign any of its rights or delegate its training-related duties without SAFE Work Manitoba’s prior written consent, which may be withheld in its sole and unfettered discretion.

9. Independent contractor

The training provider is an independent contractor and is not an agent or partner of SAFE Work Manitoba, and this document does not create any such legal relationship.

10. Subcontracting

  1. If the training provider has specified it intends to use a subcontractor for any of its general training, the training provider shall:
    1. employ only another training provider who is fully capable of performing the training (meaning the other training provider’s individual trainers has approval from SAFE Work Manitoba to use the SAFE Work Manitoba Training Portal to post general training); 
    2. be fully responsible for all acts and omissions of any said individual trainer as if such individual trainer was an employee of the training provider; and 
    3. replace, substitute, or not use any individual trainer if requested by SAFE Work Manitoba, acting reasonably. 
  2. The training provider shall remain responsible for all acts of its own trainers and subcontracted trainers, whether outside the ordinary course of their employment or otherwise. Nothing contained herein is intended to create a contractual relationship with a subcontracted training provider or its individual trainers.

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