Unit of competency

Modification History

Release 1. Supersedes and is equivalent to PMAOMIR449B Monitor legal compliance obligations during incidents

Application

This unit of competency covers the skills and knowledge required to oversee the operations of an incident management or crisis management team to ensure compliance with legislation and/or regulations.

An incident is an event which causes, or could have caused, injury or illness; damage to plant, material or the environment; disruption to production or public alarm.

An incident is an unintended event, or an unintended consequence of an intended event, such as:

• fire and explosion
• loss of containment
• excursions above/below acceptable limits for emissions or plant conditions
• excursions above occupational hygiene or biological exposure limits
• non-compliance with regulatory requirements
• security breaches
• failure to follow procedures
• complaints
• vehicle incidents
• on/off-site incidents.

This unit of competency applies to enterprise legal officers, environmental officers, safety officers or those in similar roles who are required to advise the management team on potential and actual breaches of legislation in the development of incident response plans, implement and evaluate incident response activities, submit organisational reports and prepare for legal proceedings on compliance issues.

This unit of competency applies to an individual working alone or as part of an incident management team and working in liaison with other members of the incident management team and the incident manager, as appropriate.

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

Pre-requisite Unit

Nil

Competency Field

Incident readiness and response

Unit Sector

Elements and Performance Criteria

Foundation Skills

This section describes those language, literacy, numeracy and employment skills that are essential to performance.

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

Range of Conditions

Unit Mapping Information

Release 1. Supersedes and is equivalent to PMAOMIR449B Monitor legal compliance obligations during incidents

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=9fc2cf53-e570-4e9f-ad6a-b228ffdb6875

Assessment requirements

Modification History

Release 1. Supersedes and is equivalent to PMAOMIR449B Monitor legal compliance obligations during incidents

Performance Evidence

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

• identify potential compliance issues in incident response plans and compliance breaches in activities
• communicate effectively with team members, management and other stakeholders about compliance requirements, issues and solutions
• identify and provide advice on options for resolution of compliance issues and breaches
• document solutions and improvements to be implemented in training and procedures
• complete workplace documentation, write reports and prepare documentation for legal proceedings.

Knowledge Evidence

Evidence must be provided that demonstrates knowledge of:

• regulatory framework and specific compliance requirements that apply to the organisation
• allowable defences for apparent compliance breaches
• types of incidents that can arise in the work environment, typical responses and potential compliance issues
• organisational procedures, including those covering:

• safety, hazards and hazard control
• incident, fire and accident
• environmental protection
• risk assessment/risk management
• relevant facility fire management and safety systems
• communication systems
• emergency response plans
• release of information to external bodies

• constraints to negotiations that arise from organisation policies, procedures and corporate structures.

Assessment Conditions

• The unit should be assessed holistically and the judgement of competence based on a holistic assessment of the evidence.
• Element 1 is best assessed using a report and/or folio of evidence drawn from a single project which provides sufficient evidence of the requirements of all the performance criteria.
• The balance of the unit needs to be assessed off the job, and will occur as part of the response to a simulated incident.
• The collection of performance evidence:

• should provide evidence of the ability to perform over the range of situations which might be expected to be encountered, including typical disruptions to normal, smooth work conditions
• will typically include the use of appropriate tools, equipment and safety gear requiring demonstration of preparation, operation, completion and responding to problems.

• Off-the-job assessment must sufficiently reflect realistic operational workplace conditions that cover all aspects of workplace performance, including environment, task skills, task management skills, contingency management skills and job role environment skills.
• Assessment in a simulated environment should use evidence collected from one or more of:

• demonstration of skills
• industry-based case studies/scenarios
• ‘what ifs’.

• A third-party report, or similar, may be needed to testify to the work done by the individual, particularly when the project has been done as part of a project team.
• Knowledge evidence may be collected concurrently with performance evidence interviews (provided a record is kept) or through an independent process such as workbooks, written assessments or interviews (provided a record is kept).
• 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.
• Conditions for assessment must include access to all tools, equipment, materials and documentation required, including relevant workplace procedures, product and manufacturing specifications associated with this unit.
• Foundation skills are integral to competent performance of the unit and should not be assessed separately.
• Assessors must satisfy the assessor competency requirements that are in place at the time of the assessment as set by the VET regulator.
• In addition, the assessor or anyone acting in subject matter expert role in assessment must demonstrate both technical competency and currency. If the assessor cannot demonstrate technical competency and currency they must assess with a subject matter expert who does meet these requirements.
• Technical competence can be demonstrated through one or more of:

• relevant VET or other qualification/Statement of Attainment
• appropriate workplace experience undertaking the type of work being assessed under routine and non-routine conditions
• appropriate workplace experience supervising/evaluating the type of work being assessed under routine and non-routine conditions

• Currency can be demonstrated through one or more of:

• being currently employed undertaking the type of work being assessed
• being employed by the organisation undertaking the type of work being assessed and having maintained currency in accordance with that organisation’s policies and procedures
• having consulted/had contact with an organisation undertaking the type of work being assessed within the last twelve months, the consultation/contact being related to assessment
• conducting on-the-job training/assessments of the type of work being assessed
• being an active member of a relevant professional body and participating in activities relevant to the assessment of this type of work

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=9fc2cf53-e570-4e9f-ad6a-b228ffdb6875