• BSBOHS301B - Apply knowledge of OHS legislation in the workplace

BSBOHS301B
Apply knowledge of OHS legislation in the workplace

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.

Application

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


Elements and Performance Criteria

ELEMENT

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

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.

Evidence Required

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:

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.


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.

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


Sectors

Unit sector


Competency Field

Regulation, Licensing and Risk - Occupational Health and Safety


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.