Cert IV OHS - Course
Unit BSBOHS408A
Assist with
compliance with OHS
and other relevant
laws
(information sourced
from NTIS website
http://www.ntis.gov.au/)
Description
This unit describes the performance
outcomes required to apply an
understanding of the legal and
regulatory framework of OHS in order
to provide advice regarding the OHS
legislative responsibilities of an
OHS practitioner, company director,
manager, supervisor and employee. No
licensing, legislative, regulatory
or certification requirements apply
to this unit at the time of
endorsement.
Employability Skills
This unit contains employability
skills.
Application Of Unit
This unit OHS applies to
individuals with supervisory
responsibilities for assisting with
legal compliance as part of a
systematic approach to managing OHS.
It includes identification of common
law duty of care, appropriate
legislation and regulations and the
necessary actions to ensure
compliance in the workplace.
The unit may apply both in a work
unit of a large organisation or in a
small to medium enterprise.
Unit Sector
No sector assigned
Performance criteria
|
Element |
|
Performance criteria |
| 1. |
Determine the legal
framework of OHS in the
workplace |
|
| 1.1 |
Seek current
legislation and
related
documentation
relevant to OHS
and the
organisation's
operations
|
| 1.2 |
Use knowledge of the
relationship between
OHS Acts, OHS
regulations, codes
of practice,
associated standards
and guidance
material to
determine legal
requirements in the
workplace
|
| 1.3 |
Identify and confirm
responsibilities and
requirements
as specified in
legislation
|
| 1.4 |
Clarify
responsibilities and
requirements and
seek advice from
legal advisors
where necessary
|
|
| 2. |
Provide advice on OHS
compliance |
|
| 2.1 |
Provide advice to
appropriate
personnel
about the specific
legal
responsibilities of
employers including
duty of care and how
it is codified in
relevant OHS
legislation
|
| 2.2 |
Provide advice to
appropriate
personnel
about administration
of enforcement
processes and
instruments
including penalties
that apply to
organisations
prosecuted under
relevant OHS
legislation
|
| 2.3 |
Provide advice to
appropriate
personnel on
how negligence is
determined at
statutory and common
law
|
|
| 3. |
Comply with legal
requirements |
|
| 3.1 |
Take action is to
ensure that the
workplace, including
systems of work and
work organisation,
is appraised against
and complies with
relevant legislation
|
| 3.2 |
Identify training
needs of those
with OHS
responsibilities
and provide training
as required
according to legal
requirements
|
| 3.3 |
Identify
requirements for
other training under
OHS legislation and
arrange training as
required
|
| 3.4 |
Recognise limits of
own professional
expertise and
consult legal
advisors as required
|
|
| 4. |
Report incidents of non
compliance |
|
| 4.1 |
Raise promptly with
responsible
persons
possible breaches as
required
|
| 4.2 |
Provide advice on
arrangements for
incident reporting
to government
authorities in
accordance with
relevant OHS
legislation and
organisational
procedures
|
| 4.3 |
Raise in accordance
with OHS procedures
inadequacies which
may contribute to
non compliance in
systematic
approaches to
managing OHS
procedures and/or
practices
|
|
| 5. |
Contribute to ongoing
monitoring of compliance
with OHS legislation |
|
| 5.1 |
Monitor compliance
with OHS legislative
requirements
|
| 5.2 |
Resolve or refer
compliance issues in
accordance with OHS
policies and
procedures, and
relevant OHS
legislation
|
|
Skills and Knowledge
Required skills
-
culturally appropriate
communication skills to relate
to people from diverse
backgrounds and people with
diverse abilities at all levels
of the organisation
-
literacy skills to prepare
reports for a range of target
groups including OHS committee,
OHS representatives, managers,
supervisors
-
interpersonal skills to
communicate effectively with
personnel at all levels of
organisation, and legal and OHS
specialists
-
facilitation skills to
conduct effective formal and
informal meetings
-
research and data analysis
skills to analyse relevant OHS
information and data, and make
observations of workplace tasks
and interactions between people,
their activities, equipment,
environment and systems in order
to meet requirements of OHS
legislation
Required knowledge
-
relevant state/territory and
commonwealth OHS legislation,
codes of practice and standards
-
roles and responsibilities of
personnel as specified in
relevant OHS legislation
-
structure and forms of
legislation including
regulations, codes of practice,
associated standards and
guidance material
-
requirements for reporting
under OHS and other relevant
legislation including
obligations for notification and
reporting of incidents
-
concept of common law duty of
care
-
systematic approaches to
managing and complying with OHS
legislation
-
professional liability in
relation to giving advice
Range statement
The range statement relates to the
unit of competency as a whole. It
allows for different work
environments and situations that may
affect performance. Bold italicised
wording, if used in the performance
criteria, is detailed below.
Essential operating conditions that
may be present with training and
assessment (depending on the work
situation, needs of the candidate,
accessibility of the item, and local
industry and regional contexts) may
also be included.
|
|
|
|
Current Legislation
and related documentation
relevant to OHS will
include:
|
|
-
current Commonwealth
and relevant
state/territory OHS
legislation,
regulations, codes of
practice, associated
standards and guidance
material
-
workers compensation
-
privacy legislation
-
contract law
-
trade practices
-
criminal law
-
common law
-
industrial relations
law
-
equal employment
opportunity and anti-
discrimination law
-
Australian and
international standards
|
|
Responsibilities
and requirements may
include legal obligations
under relevant OHS
legislation for the
following persons:
|
|
-
employers
-
self-employed persons
-
persons in control of
workplaces
-
contractors
-
designers,
manufacturers,
importers, suppliers of
plant
-
erectors and
installers of certain
plant
-
manufacturers,
importers and suppliers
of substances
-
employees
-
OHS committees
-
OHS representatives
|
|
Legal advisors
may include:
|
|
|
|
Appropriate
personnel may
include:
|
|
|
|
Enforcement
processes and instruments
may include:
|
|
|
|
Those with OHS
responsibilities may
include:
|
|
-
company director
-
manager
-
supervisors
-
OHS representatives
|
|
Responsible persons
may include:
|
|
|
Evidence guide
The evidence guide provides advice
on assessment and must be read in
conjunction with the performance
criteria, required skills and
knowledge, range statement and the
Assessment Guidelines for the
Training Package.
|
|
|
| Overview of
assessment |
|
|
| Critical aspects for
assessment and evidence
required to demonstrate
competency in this unit |
|
Evidence of the following
is essential:
-
evidence of the
application of advice
regarding the legal and
regulatory framework of
OHS and other relevant
legislation, either in
an actual workplace,
simulation exercise or
scenario
-
products developed
for provision of advice
on OHS legal compliance
issues
-
evidence of how these
products were developed
and used either in an
actual workplace,
simulation exercise or
scenario.
|
| Context of and
specific resources for
assessment |
|
Assessment must ensure:
-
access to relevant
legislation, codes of
practice, standards and
guidance material
-
access to other
appropriate workplace
documentation
-
reports from other
parties consulted in
ensuring OHS compliance
|
| Method of assessment |
|
A range of assessment
methods should be used to
assess practical skills and
knowledge. The following
examples are appropriate for
this unit:
-
direct questioning
combined with review of
portfolios of evidence
and third party
workplace reports of
on-the-job performance
by the candidate
-
demonstration of
techniques used to
assist with compliance
of OHS in the workplace
-
oral or written
questioning to assess
knowledge of: how advice
was provided in the
workplace, interpreting
and applying
legislation, reporting
requirements required by
legislation, systematic
approaches to OHS
-
review of OHS action
plans, documented OHS
training needs and
documents recording
processes undertaken to
ensure OHS compliance
-
simulated project
based activity,
scenarios, case studies,
role plays or actual
activities associated
with a systems approach
to managing OHS
|
| Guidance information
for assessment |
|
Holistic assessment with
other units relevant to the
industry sector, workplace
and job role is recommended,
for example:
|
|
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