1

Identify and interpret safety management system legal framework

1.1

Current safety management system (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

Required Skills:

Communicate effectively when contributing to formal and informal enquiries about SMS

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

Work under supervision of a marine surveyor

Required Knowledge:

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 work health and safety (WHS)/occupational health and safety (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

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, the required skills and knowledge, the range statement and the Assessment Guidelines for the Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

The evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the Elements, Performance Criteria, Required Skills, Required Knowledge and include:

ensuring currency of relevant legislative and regulatory knowledge

producing accurate and reliable information.

Context of and specific resources for assessment

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

Resources for assessment include access to:

industry-approved marine operations site where knowledge of SMS legal framework in the workplace can be applied

tools, equipment and personal protective equipment currently used in industry

relevant regulatory and equipment documentation that impacts on work activities

range of relevant exercises, case studies and/or other simulated practical and knowledge assessments

appropriate range of relevant operational situations in the workplace.

In both real and simulated environments, access is required to:

relevant and appropriate materials and equipment

applicable documentation including workplace procedures, regulations, codes of practice and operation manuals.

Method of assessment

Practical assessment must occur in an:

appropriately simulated workplace environment and/or

appropriate range of situations in the workplace.

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate to this unit:

direct observation of the candidate applying knowledge of SMS legal framework in the workplace

direct observation of the candidate applying relevant WHS/OHS requirements and work practices.

Guidance information for assessment

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

In all cases where practical assessment is used it should be combined with targeted questioning to assess Required Knowledge.

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

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.

Safety management system may include:

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 may include:

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 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 may include:

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 may include:

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 may include:

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 may include:

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