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Evidence Guide: BSBOHS408A - Assist with compliance with OHS and other relevant laws

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

BSBOHS408A - Assist with compliance with OHS and other relevant laws

What evidence can you provide to prove your understanding of each of the following citeria?

Determine the legal framework of OHS in the workplace

  1. Seek current legislation and related documentation relevant to OHS and the organisation's operations
  2. Use knowledge of the relationship between OHS Acts, OHS regulations, codes of practice, associated standards and guidance material to determine legal requirements in the workplace
  3. Identify and confirm responsibilities and requirements as specified in legislation
  4. Clarify responsibilities and requirements and seek advice from legal advisors where necessary
Seek current legislation and related documentation relevant to OHS and the organisation's operations

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use knowledge of the relationship between OHS Acts, OHS regulations, codes of practice, associated standards and guidance material to determine legal requirements in the workplace

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and confirm responsibilities and requirements as specified in legislation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify responsibilities and requirements and seek advice from legal advisors where necessary

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice on OHS compliance

  1. Provide advice to appropriate personnel about the specific legal responsibilities of employers including duty of care and how it is codified in relevant OHS legislation
  2. Provide advice to appropriate personnel about administration of enforcement processes and instruments including penalties that apply to organisations prosecuted under relevant OHS legislation
  3. Provide advice to appropriate personnel on how negligence is determined at statutory and common law
Provide advice to appropriate personnel about the specific legal responsibilities of employers including duty of care and how it is codified in relevant OHS legislation

Completed
Date:

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Provide advice to appropriate personnel about administration of enforcement processes and instruments including penalties that apply to organisations prosecuted under relevant OHS legislation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice to appropriate personnel on how negligence is determined at statutory and common law

Completed
Date:

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Comply with legal requirements

  1. Take action is to ensure that the workplace, including systems of work and work organisation, is appraised against and complies with relevant legislation
  2. Identify training needs of those with OHS responsibilities and provide training as required according to legal requirements
  3. Identify requirements for other training under OHS legislation and arrange training as required
  4. Recognise limits of own professional expertise and consult legal advisors as required
Take action is to ensure that the workplace, including systems of work and work organisation, is appraised against and complies with relevant legislation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify training needs of those with OHS responsibilities and provide training as required according to legal requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify requirements for other training under OHS legislation and arrange training as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recognise limits of own professional expertise and consult legal advisors as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Report incidents of non compliance

  1. Raise promptly with responsible persons possible breaches as required
  2. Provide advice on arrangements for incident reporting to government authorities in accordance with relevant OHS legislation and organisational procedures
  3. Raise in accordance with OHS procedures inadequacies which may contribute to non compliance in systematic approaches to managing OHS procedures and/or practices
Raise promptly with responsible persons possible breaches as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice on arrangements for incident reporting to government authorities in accordance with relevant OHS legislation and organisational procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Raise in accordance with OHS procedures inadequacies which may contribute to non compliance in systematic approaches to managing OHS procedures and/or practices

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Contribute to ongoing monitoring of compliance with OHS legislation

  1. Monitor compliance with OHS legislative requirements
  2. Resolve or refer compliance issues in accordance with OHS policies and procedures, and relevant OHS legislation
Monitor compliance with OHS legislative requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Resolve or refer compliance issues in accordance with OHS policies and procedures, and relevant OHS legislation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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:

evidence of the application of advice regarding the legal and regulatory framework of OHS and other relevant legislation, either in an actual workplace, simulation exercise or scenario

products developed for provision of advice on OHS legal compliance issues

evidence of how these products were developed and used either in an actual workplace, simulation exercise or scenario.

Context of and specific resources for assessment

Assessment must ensure:

access to relevant legislation, codes of practice, standards and guidance material

access to other appropriate workplace documentation

reports from other parties consulted in ensuring OHS 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 techniques used to assist with compliance of OHS in the workplace

oral or written questioning to assess knowledge of: how advice was provided in the workplace, interpreting and applying legislation, reporting requirements required by legislation, systematic approaches to OHS

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

simulated project based activity, scenarios, case studies, role plays or actual activities associated with a systems approach to managing OHS

Guidance information for assessment

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

BSBOHS401B Contribute to implementation of a systematic approach to managing OHS

Required Skills and Knowledge

Required skills

culturally appropriate communication skills to relate to people from diverse backgrounds and people with diverse abilities at all levels of the organisation

literacy skills to prepare reports for a range of target groups including OHS committee, OHS representatives, managers, supervisors

interpersonal skills to communicate effectively with personnel at all levels of organisation, and legal and OHS specialists

facilitation skills to conduct effective formal and informal meetings

research and data analysis skills to analyse relevant OHS information and data, and make observations of workplace tasks and interactions between people, their activities, equipment, environment and systems in order to meet requirements of OHS legislation

Required knowledge

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

roles and responsibilities of personnel as specified in relevant OHS legislation

structure and forms of legislation including regulations, codes of practice, associated standards and guidance material

requirements for reporting under OHS and other relevant legislation including obligations for notification and reporting of incidents

concept of common law duty of care

systematic approaches to managing and complying with OHS legislation

professional liability in relation to giving advice

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.

Current Legislation and related documentation relevant to OHS will include:

current Commonwealth and relevant state/territory OHS legislation, regulations, codes of practice, associated standards and guidance material

workers compensation

privacy legislation

contract law

trade practices

criminal law

common law

industrial relations law

equal employment opportunity and anti- discrimination law

Australian and international standards

Responsibilities and requirements may include legal obligations under relevant OHS legislation for the following persons:

employers

self-employed persons

persons in control of workplaces

contractors

designers, manufacturers, importers, suppliers of plant

erectors and installers of certain plant

manufacturers, importers and suppliers of substances

employees

OHS committees

OHS representatives

Legal advisors may include:

legal practitioners, either internal or external

government OHS inspectors

Appropriate personnel may include:

employers

company directors

managers

supervisors

employees

OHS representatives and committees

contractors

Enforcement processes and instruments may include:

prohibition notices

improvement notices

on-the-spot fines

provisional improvement notices

Those with OHS responsibilities may include:

company director

manager

supervisors

OHS representatives

Responsible persons may include:

OHS advisor

manager

supervisor

other appropriate person(s) delegated authority to act or apply rectification controls within the organisation