• BSBOHS408A - Assist with compliance with OHS and other relevant laws

Assessor Resource

BSBOHS408A
Assist with compliance with OHS and other relevant laws

Assessment tool

Version 1.0
Issue Date: March 2024


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.

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.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Employability Skills

This unit contains employability skills.




Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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:

BSBOHS401B Contribute to implementation of a systematic approach to managing OHS


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

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:

legal practitioners, either internal or external

government OHS inspectors

Appropriate personnel may include:

employers

company directors

managers

supervisors

employees

OHS representatives and committees

contractors

Enforcement processes and instruments may include:

prohibition notices

improvement notices

on-the-spot fines

provisional improvement notices

Those with OHS responsibilities may include:

company director

manager

supervisors

OHS representatives

Responsible persons may include:

OHS advisor

manager

supervisor

other appropriate person(s) delegated authority to act or apply rectification controls within the organisation

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Seek current legislation and related documentation relevant to OHS and the organisation's operations 
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 
Identify and confirm responsibilities and requirements as specified in legislation 
Clarify responsibilities and requirements and seek advice from legal advisors where necessary 
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 
Provide advice to appropriate personnel about administration of enforcement processes and instruments including penalties that apply to organisations prosecuted under relevant OHS legislation 
Provide advice to appropriate personnel on how negligence is determined at statutory and common law 
Take action is to ensure that the workplace, including systems of work and work organisation, is appraised against and complies with relevant legislation 
Identify training needs of those with OHS responsibilities and provide training as required according to legal requirements 
Identify requirements for other training under OHS legislation and arrange training as required 
Recognise limits of own professional expertise and consult legal advisors as required 
Raise promptly with responsible persons possible breaches as required 
Provide advice on arrangements for incident reporting to government authorities in accordance with relevant OHS legislation and organisational procedures 
Raise in accordance with OHS procedures inadequacies which may contribute to non compliance in systematic approaches to managing OHS procedures and/or practices 
Monitor compliance with OHS legislative requirements 
Resolve or refer compliance issues in accordance with OHS policies and procedures, and relevant OHS legislation 

Forms

Assessment Cover Sheet

BSBOHS408A - Assist with compliance with OHS and other relevant laws
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBOHS408A - Assist with compliance with OHS and other relevant laws

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: