Assessor Resource

BSBWHS402A
Assist with compliance with WHS laws

Assessment tool

Version 1.0
Issue Date: March 2024


This unit applies to individuals who assist with providing advice about the legislative duties, rights and obligations of individuals and parties prescribed in WHS laws as part of a systematic approach to managing WHS. This unit applies to people who work in a broad range of WHS roles across all industries.

NOTE: The terms Occupational Health and Safety (OHS) and Work Health and Safety (WHS) are equivalent and generally either can be used in the workplace. In jurisdictions where the National Model WHS Legislation has not been implemented RTOs are advised to contextualise the unit of competency by referring to the existing State/Territory OHS legislative requirements.

This unit describes the performance outcomes, skills and knowledge required to assist with providing advice about the legislative duties, rights and obligations of individuals and parties prescribed in work health and safety (WHS) laws.

It includes identification of WHS legislation, duties, rights and obligations and the necessary actions to ensure compliance in the workplace.

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

Prerequisites

Not applicable.


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:

assisting with providing advice about the WHS legal and regulatory framework and other relevant legislation, either in an actual workplace, simulation exercise or scenario

assisting with the seeking of advice from appropriate sources

assisting with developing a range of products to provide advice on WHS legal compliance issues, such as a training needs analysis, talks, briefings, training sessions, guidance and advice, and paper or electronic materials

evidence of how these products were developed and used.

Context of and specific resources for assessment

Assessment must ensure access to:

relevant Acts, regulations, codes of practice, standards and guidance material

other appropriate workplace documentation

reports from individuals and parties consulted in ensuring WHS 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 activities used to assist with WHS legislative compliance

oral or written questioning to assess knowledge of how advice was provided in the workplace, interpreting and applying legislation, and reporting requirements of legislation

review of WHS action plans, documented WHS training needs and documents, and recording processes undertaken to ensure WHS compliance

simulated project-based activities, scenarios, case studies, role plays or actual activities associated with a systems approach to managing WHS.

Guidance information for assessment

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

BSBWHS403A Contribute to implementing and maintaining WHS consultation and participation processes

BSBWHS404A Contribute to WHS hazard identification, risk assessment and risk control

BSBWHS405A Contribute to implementing and maintaining WHS management systems

BSBWHS406A Assist with responding to incidents.


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

analytical and problem solving skills required to read and interpret WHS information and data

communication skills to communicate with people from a range of backgrounds and with a range of abilities

literacy skills to:

read and interpret Acts, regulations, codes of practice, policies and procedures

prepare reports for a range of target groups, including health and safety committees, health and safety representatives, managers, supervisors, and persons conducting businesses or undertakings (PCBUs) or their officers

planning and organising skills to liaise with training providers and trainers.

Required knowledge

duties, rights and obligations of individuals and parties as specified in relevant WHS legislation and where this information is located in WHS legislation

functions and powers of WHS regulator and how they are exercised

internal and external sources of WHS information and data, and how to access them

objectives and principles underpinning WHS legislation

relevant commonwealth and state or territory WHS Acts, regulations, codes of practice, standards and guidance material, and other relevant publications

systematic approaches to managing and complying with WHS legislation.

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 WHS legislation and related documentation will include:

current applicable commonwealth and state or territory WHS Acts, regulations and codes of practice

organisational WHS policies, procedures, processes and systems

other documents, such as standards, guidance publications and alerts issued by the relevant WHS regulator.

Individuals and parties may include:

contractors and subcontractors

customers

duty holders as specified in WHS Acts:

PCBUs or their officers

workers

other persons at a workplace

suppliers

health and safety committees

health and safety representatives

unions

WHS entry permit holders

WHS inspectors

WHS regulators.

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
Access current WHS legislation and related documentation relevant to the organisation’s operations 
Use knowledge of the relationship between WHS Acts, regulations, codes of practice, standards and guidance material to assist with determining legal requirements in the workplace 
Assist with identifying and confirming the duties, rights and obligations of individuals and parties as specified in legislation 
Assist with seeking advice from legal advisors where necessary 
Assist with providing advice to individuals and parties about their legal duties, rights and obligations, and where they are located in WHS legislation 
Assist with providing advice to individuals and parties about the functions and powers of the WHS regulator and how they are exercised, and the objectives and principles underpinning WHS 
Assist with assessing how the workplace complies with relevant WHS legislation 
Assist with determining the WHS training needs of individuals and parties, and with providing training to meet legal and other requirements 
Assist with developing and implementing changes to workplace policies, procedures, processes and systems that will achieve compliance 

Forms

Assessment Cover Sheet

BSBWHS402A - Assist with compliance with WHS 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

BSBWHS402A - Assist with compliance with WHS 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: