Industry organizations set the standards by which organizations are compared against by the courts when a due diligence defense is presented. The courts use the standards/practices published by the industry organizations to conclude if the accused took all reasonably practical steps to prevent the event that brought them before the judge.
In the world of online training, there are multiple associations with vested interests. Below, we take a look at five of them and how they recommend organizations approach online safety training and virtual proctoring.
This group uses online training to address ethics, violence, harassment, and job training. In 2017, Chartered Professionals in Human Resources (CPHR) issued an alert and criteria to membership conducting online training of any regulatory, due diligence, and/or operational significance:
"Some organizations have already responded by not accepting online training for high – risk activities, while others have mandated the utilization of technology that verifies both the identity and the participation of personnel completing on-line training that is legally and/or operationally critical… Technology exists that mitigates the issues facing compromised training by verifying both the identity and participation of trainees.”
This group uses online training to minimize the numerous operational and emergency risks that are inherent in their businesses. In the Canadian Association of Petroleum Producers Publication, they state that “It is vital that employers can verify that the intended personnel received the online training and that they participated in it as intended.”
This group endeavors to define what they see as ‘reasonable’ for their employers. In the IOSH Alberta Industry best practice, they state that “ID verification and proctoring technology is particularly critical when organizations use web-enabled educational materials as part of risk control strategies.”
This group uses online training as a method of confirming attainment of Continuing Education Units (CEU). In the IACET Standard for Continuing Education and Training, category 8.1 states that “The Provider shall have a process verifying that the learner who registers and participates in the learning event is the same learner who receives IACET CEU.”
This group provides the technical requirement reference by other groups and regulators alike. In the ANSI+ASSE Z490, they state that “Each trainee, being evaluated shall be properly identified,” and “Delivery records for each training event shall identify the trainee’s participation in the training.”
Because some are not aware of the role of standards in the legal process, some regulators are now detailing the ‘reasonable' expectations within legislation. For example, for OSHA training in New York City, there is a requirement that “only in-person training and actively proctored online training will be accepted”. As well, in November 2020 Transport Canada added the requirements that when online Dangerous Goods training is done that “… the person’s identity has been confirmed, prior to or at the time of the training… is completed by the person whose identity has been confirmed, prior to or at the time of the assessment.”
Integrity Advocates has worked with and in the services of organizations that are striving to not only be the best in class but to ensure they are meeting the legal expectations of ‘reasonable’.
Contact us today to learn how we can help your organization verify learner identity and confirm participation in your online safety training.