PSPWPI001
Evaluate workplace legislative compliance


Application

This unit describes the skills required to determine compliance, breaches and risks to workers or the work environment. This includes acting to minimise risks to workers, the public and/or the work environment and to record non-compliance. It includes identifying issues relevant to the organisation’s jurisdiction, assessing workplaces for non-compliance, advising on control measures and implementing compliance activities.

This unit applies to those working to inspect and evaluate workplaces to ensure compliance with legislation.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently performing complex tasks in a range of familiar contexts.

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


Elements and Performance Criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify issues relevant to the organisation’s jurisdiction

1.1 Confirm jurisdictional boundaries and powers.

1.2 Carry out identification of defined areas.

1.3 Identify issues relating to workers, work environment and/or public.

2. Assess workplace for non-compliance

2.1 Assess and prioritise issues relating to workers, public and/or work environment against legislative requirements.

2.2 Identify, assess and record non-compliance and possible breaches.

2.3 Refer any issues beyond own level of competence to the appropriate sources for follow-up action.

3. Advise on control measures

3.1 Identify a range of control measures having regard to current standards.

3.2 Determine a practicable solution to achieve compliance.

4. Implement compliance activity

4.1 Implement compliance activity.

4.2 Evaluate effectiveness of selected compliance activity and report.

Evidence of Performance

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

engaging in communication to provide advice on legislation relevant to compliance, using complex exchanges of oral information

interpreting, analysing and explaining complex and formal documents, including legislation and its application to clients’ situations

using mediation and/or negotiation

undertaking conflict resolution

using analysis to interpret test results

using equipment and technology

evaluating workplace legislative compliance in 3 or more contexts or on 3 or more occasions


Evidence of Knowledge

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

principal legislation, including work health and safety, workers compensation, injury management and workplace relations

performance standard in the legislation

impact of hazards and/or issues on persons

strengths and weaknesses of possible control measures and the reasons for choosing practicable solution

industry practices

organisational policies and procedures related to compliance activities

principles of risk management, including hierarchy of controls

technical features associated with hazards and potential risks as these relate to jurisdictional issues


Assessment Conditions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.


Foundation Skills

Foundation skills are embedded within the elements and performance criteria of this unit.


Competency Field

Workplace inspection