Unit of competency details

Release 

Comments 

Release 1

This Unit first released with BSB07 Business Training Package version 7.0.

Replaces and is equivalent to BSBOHS301B Apply knowledge of OHS legislation in the workplace.

Element 

Performance Criteria 

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

1. Determine the legal framework for WHS in the workplace

1.1 Identify and access current WHS legislation and related documentation  relevant to the workplace, occupation and industry

1.2 Apply knowledge of the relationship between WHS Acts, regulations and codes of practice to assist in identifying WHS legislative requirements in the workplace

1.3 Identify duty holders 

1.4 Identify legal obligations and duties for consultation with and training of workers, health and safety representatives, and others

1.5 Identify consequences of non-compliance  with WHS Acts, regulations, codes of practice, standards and organisational WHS policies, procedures, processes and systems

2. Contribute to activity that reflects WHS legislative requirements

2.1 Contribute to monitoring compliance with legislation

2.2 Contribute to ensuring that workplace complies with legislation

2.3 Identify and take appropriate action  on non-compliance with legislation

2.4 Recognise limits of own expertise and legal duties, and access help and advice when required

3. Keep up-to-date with legislation and relevant publications

3.1 Use relevant sources  to keep up-to-date with legislation and relevant publications 

3.2 Communicate information on relevant legislative changes and relevant publications to others

Overview of assessment 

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

Evidence of the following is essential:

• current knowledge of relevant WHS Acts, regulations and codes of practice
• identifying and applying WHS legislative requirements applicable to the workplace, occupation and industry
• referring issues of non-compliance to responsible persons or authorities
• seeking advice from appropriate sources.

Context of and specific resources for assessment 

Assessment must ensure access to:

• relevant information and documentation on compliance requirements, such as:

• organisational policies, procedures, plans and standard operating procedures
• relevant Acts, regulations, codes of practice, licensing requirements and standards

• relevant internal and external data files
• appropriate office equipment and resources used in the identification and rectification of WHS compliance breaches.

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 reports of on-the-job performance by the candidate
• review of documents on WHS Acts, regulations, codes of practice, standards, policies and procedures developed and communicated to workers
• analysis of responses to case studies and scenarios
• demonstration of applying WHS legislation in conducting work safely
• oral or written questioning to assess knowledge of research and data-collection methods to obtain evidence of compliance with WHS legislation.

Guidance information for assessment 

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

• other BSB07 WHS units.

Current WHS legislation and related documentation  may include:

• current applicable commonwealth and relevant state or territory WHS Acts, regulations and codes of practice
• organisational WHS policies, procedures, processes and systems
• other documents, such as standards, guidance material and alerts issued by the relevant WHS regulator
• other legislation relevant to WHS.

Duty holders  may include:

• as specified in WHS Acts:

• persons conducting businesses or undertakings (PCBUs) or their officers
• workers
• other persons at a workplace.

Non-compliance  may include:

• failure to meet legal requirements
• inadequate systems of information, instruction, training or supervision
• plant, equipment or substances not maintained, or used or stored in an unsafe condition
• poor consultation practices
• poor design
• workplace hazards not identified or controlled
• workplace systems not in place or inadequate.

Appropriate action  may include:

• contributing to a WHS audit
• contributing to a WHS inspection
• contributing to engaging external specialists and consultants
• contributing to identifying non-compliance with WHS legislation
• contributing to implementing, monitoring and evaluating actions to ensure compliance with WHS legislation
• making recommendations about how compliance with WHS legislation could be achieved
• reporting breaches of compliance to responsible persons or authorities
• where required, carrying out roles or functions specified in legislation or workplace policies and procedures.

Sources  may include:

• audits
• Australian and international standards
• hazard, incident and investigation reports
• industry bodies or groups
• manufacturer manuals and specifications
• regulatory authorities
• training or information sessions and forums
• unions
• websites, journals and newsletters
• WHS professional bodies
• WHS specialists.

Relevant publications  may include:

• Australian, international, union and industry standards
• computer software
• electronic or paper documents
• WHS guidance notes, fact sheets, guidelines, alerts and other publications issued by commonwealth and state or territory governments, WHS regulators, other bodies and organisations.