MARM001
Apply knowledge of safety management system legal framework in the workplace


Application

This unit involves the skills and knowledge required to apply an understanding of the safety management system (SMS) legal framework in a maritime workplace. It provides an understanding of obligations on all seafarers to ensure that SMSs for vessel and crew safety are in place and comply with maritime legislation.

It includes accessing relevant legislation and contributing to any actions to ensure compliance with and an understanding of, SMSs is achieved by seafarers, crew and other applicable maritime personnel.

This unit applies to people who assist marine surveyors or who undertake administration duties in the maritime industry and/or marine surveying sector.

No licensing, legislative or certification requirements apply to this unit at the time of publication.


Elements and Performance Criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Identify and interpret safety management system legal framework

1.1

Current SMS, relevant legislation, standards, and workplace policies and procedures impacting on the maritime industry are identified and accessed

1.2

Relationship between SMS, relevant legislation, standards, and workplace policies and procedures is accurately interpreted to assist in identifying requirements for a range of different commercial vessel operations

1.3

SMS documentation requirements for a commercial vessel operation are identified

1.4

Master and crew member legal obligations and duties for training employees are identified

1.5

Consequences of non-compliance with SMS, relevant legislation, standards, and workplace policies and procedures are clarified

2

Contribute to activity that reflects safety management system legal framework

2.1

Contributions are made to monitoring compliance with SMS, relevant legislation, standards and workplace policies and procedures for size and nature of operation

2.2

Contributions are made to ensuring all work carried out on board vessel is undertaken in a safe manner according to SMS and relevant legislation, standards, and workplace policies and procedures

2.3

Non-compliance with SMS, relevant legislation, standards, workplace policies and procedures is identified and appropriate action is taken

2.4

Limits of own expertise and legal responsibilities are recognised, and appropriate sources of expertise are accessed as required

3

Maintain up-to-date knowledge of safety management system legal framework and maritime industry requirements for commercial vessels

3.1

Sources to access current information covering applicable legislation and guidelines relating to SMS are utilised

3.2

Knowledge of SMS, relevant legislation, standards, and workplace policies and procedures is regularly updated

3.3

Relevant information on SMS and SMS requirements is provided to seafarers and crew either on board a vessel or through general enquiry services

Evidence of Performance

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements, performance criteria and range of conditions on at least one occasion and include:

applying relevant work health and safety/occupational health and safety (WHS/OHS) requirements and work practices

communicating effectively when contributing to formal and informal enquiries about safety management systems (SMSs)

ensuring currency of relevant legislative and regulatory knowledge

preparing simple documents such as summary reports, audit reports and memos for a range of personnel including surveyors, managers, supervisors and seafarers.


Evidence of Knowledge

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements, performance criteria and range of conditions and include knowledge of:

obligations, rights and requirements of seafarers to understand and comply with relevant safety management legislation and common law as it applies to those involved in any safety training or setting up of and applying appropriate SMS

relevant state/territory and commonwealth WHS/OHS legislation, regulations, codes of practice and standards

research and data collection methods to obtain evidence of compliance with both SMS and WHS/OHS legislation

WHS/OHS requirements and safe work practices


Assessment Conditions

Assessors must satisfy National Vocational Education and Training Regulator (NVR)/Australian Quality Training Framework (AQTF) assessor requirements.

Assessment must satisfy the National Vocational Education and Training Regulator (NVR)/Australian Quality Training Framework (AQTF) standards.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Assessment must occur in workplace operational situations or where these are not available, in simulated workplace operational situations or an industry-approved marine operations site that replicates workplace conditions where knowledge of SMS legal framework in the workplace can be applied.

Resources for assessment include access to:

relevant regulatory and equipment documentation, including workplace procedures, regulations, codes of practice and operation manuals that impact on work activities

tools, equipment and personal protective equipment currently used in industry.

Performance should be demonstrated consistently over time and in a suitable range of contexts.


Foundation Skills

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.


Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Safety management system includes one or more of the following:

documents related to safety training for crew

emergency systems

fire procedures

manufacturer guidelines for equipment

safety manuals, signs and equipment

standing orders

workplace safety and emergency procedures

Relevant legislation includes one or more of the following:

Marine Safety (Domestic Commercial Vessel) National Law

National Standard for Commercial Vessels (NSCV), particularly Part E as it applies in a given situation

other legislation relevant to commercial vessels for operational systems

relevant commonwealth and state/territory work health and safety/occupational health and safety (WHS/OHS) Acts, regulations and codes of practice relating to:

common law

contract law

criminal law

dangerous goods

environmental protection

equal opportunity and anti-discrimination law

industrial relations law

workers’ compensation

Standards include one or more of the following:

Australian Standards

guidance notes and instructions to surveyors issued by the Australian Maritime Safety Authority (AMSA)

industry standards and codes of practice

international standards

national standards developed by the national maritime regulator

other regulations and standards developed by WHS/OHS regulators

Non-compliance includes one or more of the following:

inadequate systems of information, instruction training or supervision

non-compliance with NSCV Part E requirements

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 include one or more of the following:

contributing to the identification of noncompliance with safety management requirements for size and nature of operation

making recommendations about how compliance with SMS requirements could be achieved

participating and assisting marine surveyors and other maritime regulatory inspectors

participating in an SMS audit

participating in an SMS inspection

providing information on appropriate methods of implementing, monitoring and evaluating actions to ensure SMS compliance

reporting breaches of compliance to responsible persons or authorities

where required, making notes or drafting reports related to compliance levels with SMS requirements

Sources include one or more of the following:

audits

Australian and international standards

hazard, incident and investigation reports

industry bodies

manufacturer manuals and specifications

regulators

regulatory authorities

SMS specialists

training, information sessions and forums

unions

websites, journals and newsletters

WHS/OHS professional bodies


Sectors

Not applicable.


Competency Field

M – Marine Surveying