SKILL  KNOWLEDGE  SAFETY

BSBOHS301B - Apply knowledge of OHS legislation in the workplace

Description

This unit describes the performance outcomes, skills and knowledge required to apply understanding of the occupational health and safety (OHS) legal framework in the workplace. It includes determining relevant legislation and contributing to any actions to ensure compliance with OHS legislation, codes and standards is achieved.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement

Pre Requisites

 Nil

Application

 This unit applies to individuals who assist OHS specialists and contribute to compliance with OHS legislation in the workplace.

Performance Criteria

 1. Determine the legal framework of OHS in the workplace    
1.1. Identify and access current OHS legislation, codes, standards, policies and procedures impacting on the workplace, occupation and industry
1.2. Apply knowledge of the relationship between OHS legislation, codes, and standards to assist in identifying OHS legal requirements in the workplace
1.3. Identify duty of care arrangements
1.4. Identify legal obligations and duties for consultation with and training of employees, safety representatives and others
1.5. Identify consequences of non-compliance with OHS legislation, codes, standards and workplace policies and procedures

2. Apply knowledge of OHS legislation, policies and procedures in the workplace    
2.1. Contribute to monitoring compliance with OHS legislation
2.2. Contribute to ensuring that work is undertaken in a safe manner in accordance with relevant OHS legislation, codes, standards and workplace policies and procedures
2.3. Identify and take appropriate action on non-compliance with OHS legislation, codes, standards, policies and procedures to contribute to achieving compliance
2.4. Recognise limits of own expertise and legal responsibilities, and access appropriate sources of expertise as required

3. Maintain knowledge of OHS legislation, industry and organisational requirements    
3.1. Utilise sources to access current information covering applicable legislation and guidelines relating to workplace OHS requirements
3.2. Regularly update and communicate information on workplace OHS legislation, codes, standards, policies and procedures relevant to self and other employees

Required Skills & Knowledge

 Required skills
  •     communication and interpersonal skills to contribute effectively to formal and informal OHS meetings
  •     literacy skills to prepare simple documents such as summary reports and memos for a range of target groups including OHS committee, OHS representatives, managers, supervisors.

Required knowledge
  •     obligations, rights and requirements under relevant OHS legislation and common law as it applies to those involved in OHS
  •     relevant state/territory and commonwealth OHS legislation, codes of practice and standards
  •     research and data collection methods to obtain evidence of compliance with OHS legislation.

Range Statement

 OHS legislation may include:    
  •     legislation relevant to the workplace, occupation and industry, for example, mining safety, electrical legislation
  •     relevant commonwealth and state/territory OHS specific acts and regulations such as:
  •     common law
  •     contract law
  •     criminal law
  •     dangerous goods
  •     environmental protection
  •     equal opportunity and anti-discrimination law
  •     industrial relations law
  •     privacy
  •     workers compensation

OHS codes may include:    
  •     codes of practice, developed by legislators or industries that give practical advice on how to comply with legal obligations

OHS standards may include:    
  •     Australian Standards
  •     codes of practice
  •     exposure standards
  •     guidance notes
  •     industry standards
  •     international standards
  •     national standards developed by the Office of the Australian Safety and Compensation Council
  •     regulations and standards developed by OHS regulators

Non-compliance with OHS legislation, codes, standards, and workplace policies and procedures may include:    
  •     inadequate systems of information, instruction training or supervision
  •     plant equipment or substances not maintained, or used or stored in an unsafe condition
  •     poor consultative practices
  •     poor design
  •     workplace hazards not identified or controlled
  •     workplace systems not in place or inadequate

Appropriate actions may include:    
  •     contributing to an OHS audit
  •     contributing to an OHS inspection
  •     contributing to engaging external specialists and consultants
  •     contributing to the identification of non-compliance with OHS legislation in the workplace
  •     contributing to the implementation, monitoring and evaluation of actions to ensure OHS compliance
  •     making recommendations about how compliance with OHS legislation could be achieved
  •     reporting breaches of compliance to responsible persons or authorities
  •     where required, carrying out notes or functions specified in legislation or workplace policies and procedures

Sources may include:    
  •     audits
  •     employer groups
  •     hazard, incident and investigation reports
  •     industry bodies
  •     manufacturers' manuals and specifications
  •     OHS professional bodies
  •     OHS specialists
  •     regulatory authorities
  •     standards, from Australia or overseas
  •     training, information sessions and forums
  •     unions
  •     websites, journals and newsletters

Evidence Guide

 Critical aspects for assessment and evidence required to demonstrate competency in this unit    
Evidence of the following is essential:
  •     identification and application of the OHS legal and regulatory framework applicable to the candidate's workplace, occupation and industry
  •     knowledge of relevant state/territory and commonwealth OHS legislation, codes of practice and standards.

Context of and specific resources for assessment    
Assessment must ensure:
  •     access to relevant information and documentation on compliance requirements such as:
  •     organisational policies, standard operating procedures, procedures and plans
  •     relevant legislation, regulations, licensing requirements, codes of practice, standards
  •     access to relevant internal and external data files
  •     access to appropriate office equipment and resources used in the identification and rectification of OHS compliance breaches.

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 reports of on-the-job performance by the candidate
  •     review of documents on workplace OHS legislation, codes, standards, policies and procedures relevant developed and communicated to employees
  •     analysis of responses to case studies and scenarios
  •     demonstration of the application of OHS legislation in conducting work safely
  •     oral or written questioning to assess knowledge of research and data collection methods to obtain evidence of compliance with OHS legislation
  •     assessment of duty of care arrangements.

Guidance information for assessment    
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
  •     other OHS units.

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