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It includes identification of WHS legislation, duties, rights and obligations and the necessary actions to ensure compliance in the workplace.

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CR1COS Code: 02992E
RTO No.: 21870
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Assessment Resource Summary
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Unit Details
BSBWHS402 — Assist with compliance with WHS Laws
Assessment Type
This is a summative assessment, which requires each student to have adequate practice prior to undertaking this assessment.
Written Assessment (J)
Project (C) •
Assessment 1
(Written Test)
Assessment 2
(Assisting a work place to be compliant with
Health and Safety laws)
Assessment Methods
Last Modification Date February 2018

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Ps1-1-0DES COLLEGE CRICOS Code: 02992E RTO No.: 21870
This unit describes the performance outcomes, skills and knowledge required to assist with providing advice about the legislative duties, rights and obligations of individuals and parties prescribed in work health and safety (WHS) laws.
It includes identification of WHS legislation, duties, rights and obligations and the necessary actions to ensure compliance in the workplace.
This unit applies to individuals who assist with providing advice about the legislative duties, rights and obligations of individuals and parties prescribed in WHS laws as part of a systematic approach to managing WHS. This unit applies to people who work in a broad range of WHS roles across all industries.
NOTE: The terms Occupational Health and Safety (OHS) and Work Health and Safety (WHS) are equivalent and generally either can be used in the workplace. In jurisdictions where the National Model WHS Legislation has not been implemented RTOs are advised to contextualise the unit of competency by referring to the existing State/Territory OHS legislative requirements.
Prerequisite Units
There are no recommended pre-requisite units for this competency.
Co-requisite Units
There are no recommended co-requisite units for this competency.
Resources
Resources: Student Learner Guide, PowerPoint presentation, Rhodes College OHS Policies & Procedures Practice Manual, Office equipment and resources, computer facilities with
Internet, including the -Student Resource Folder-, accessible for every student via Rhodes College intranet.
WHS Acts, legislations, regulations and codes of practice and guidance material and regulator issued safety alerts relevant to this Unit available from:
https://www.worksafe.vic.dov.au/
https://www.safeworkaustralia.gov.au/
http://www.austlii.edu.au/
http://www.comcare.dov.au/
tittps://www.wo rksafe.vic.gov.au/news/safety-alerts
Note: Students, currently employed, are encouraged to bring their current employer's WHS policies and procedures and associated documents (with their employer's permission) to use in their course work. This material must be reviewed prior to use by the Institute's Trainer/Assessor. For students who are unable to bring adequate policies and procedures, the Institute will provide a practice set of documents.
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bunnrc COLLEGE CRICOS Code: 02992E RTO No.: 21870
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ASSESSMENT 1 — WRITTEN ASSESSMENT
Student Name:
Student ID No:
Student Instructions:
1. Your answers should be on a separate document using word processing software such as MS Word & or other software (hand written submissions are only acceptable with prior approval from your Trainer)
2. Your document should be professionally formatted and include
a. Your Name
b. Your Student ID
c. Unit Code
d. Assessment Number (i.e. BSBWHS402 Assessment 1)
3. Please reference to each question number and retype each question with your answers
4. You must answer every question and provide enough information to demonstrate sufficient understanding of what has been asked to achieve competency. Please ask your Trainer/Assessor if you are unsure what is sufficient detail for an answer
5. Ask your trainer/assessor if you do not understand a question. Whist your trainer/assessor cannot tell you the answer, he/she may be able to re-word the question for you or provide further assistance based on the Institute's -Reasonable Adjustment Policy-
6. Answers should be your own work, in your own words and not plagiarised, nor copied. However, if an answer is cut & pasted (such as a definition), then the source should be referenced
Questions
1 a) When assisting in determining the WHS legal framework of a business, you may need to access current legislation and related documentation. Careful consideration is needed when
b) • • establishing which legislation and guidance material is relevant to the organisation,
c) • identifying where the work is taking place, understanding what geographical jurisdiction applies;
• considering the activities being undertaken, understanding the subject matter jurisdictions e.g. construction, manufacturing;
• identifying how interest rates are likely to improve the global economy and strengthen global finances
• identifying risks that arise from the activities, to understand what specific legislation and guidance material applies e.g. use of chemicals, manual handling;
• establishing the role/s that the organisation plays e.g. designers, manufacturer or suppliers of plant; and
• developing employment relationships e.g. contractors, volunteers
Which of these dot points is incorrect you must - STRIKE OUT
Demonstrate knowledge of the WHS legal framework, list two relevant instruments and/or
publications to each of the above situations
Where can you access this external information from
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RHODES COLLEGE Vi-
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CRICOS Code: 02992e -
RTO No.: 2187o
2 --1
Outline the following objectives as stated in the Occupational Health and Safety Act 2004 (Vic)
(Section 2).
a) What does the Act aim to secure?
b) How does the 'Act' seek to eliminate risk?
c) During the conduct of 'employer' and 'self-employed' business activities, who else needs to
be assured they are not placed at risk?
d) Through the involvement of employees, employers, and representative organisation what
does the 'Act' seek to formulate and implement?
You may source your answers from the following examples.
Using rigorous policy /At the source / Public servants / The public / The Health safety and
welfare of employees / Health / Health, Safety and welfare Standards.
3 There are 5 Principles of health and safety protection, these are listed in the Occupational Health and Safety Act 2004 (Vic) under (Section 4)
a) Which principle best sets the standard for 'Employee Rights to be represented'.
b) Explain reason for your choice.
c Who is resionsible for eliminatin. or reducine risks as far as 'reasonabl •racticable'?
4 Detail the concept of ensuring health and safety. See OHS Act 2004 - S20 (1) (a) (b).
5 What does 'Reasonably practicable' mean when ensuring health and safety (per Part 3 of the OHS Act 2004) (10-50 words).
6 List 7 parties that have duties, rights and obligations specified in the Workplace Health and Safety legislation.
7 1. Organisational WHS issue resolution procedures are required to
a) Incorporate regulations, acts and industry codes of practice
b) Demonstrate organisational policies and procedures cannot exist in isolation.
c) Be consulted on and agreed on, if procedure exists these must be followed, if they do not exist it is required that you use the procedure in the WHS/OHS Regulations.
d) All of the above
2. Where can you access an internal issue resolution procedure?
3. Where can you access an external issue resolution procedure?
8 a) An agreed issue resolution procedure, sets out the steps that should be followed to resolve
issues? This is also known as an PROCESS.
b) What needs to be considered when resolving WHS issues?
c) Review the OHS Act 2004, s73 s74 and s75. Identify all individuals and parties that may
become involved in an issue resolution process.
9 a) According to Section 9 of the Occupational Health and Safety Act 2004, what can the Authority (Worksafe) do if investigating a suspected contravention to the Act (10-50 words)
b) In your own words briefly explain the powers of an inspector to issue the following notices:
• Improvement notice
• Prohibition notice
c) Who must assist an inspector?
d) List 3 enforcement measures.

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RHODES COLLEGE CRICOS Code: 02992E
RTO No.: 21870
10 • WI IN I IGlaiLl I a+ IV OCti uly Laws define 'meaningful consultation- as requiring PCBUs to: (Multiple choice)
a) share relevant information about work health or safety matters with their workers
b) give workers a reasonable opportunity to express their views, and contribute to the decision processes relating to those matters; and
c) take workers' views into account and advise workers of relevant outcomes in a timely manner
d) all of the above
11 a) Why is it important to resolve work place health and safety issues?
b) List some tools, techniques and strategies to resolve issues (minimum 5 items listed).
c) List some tools, techniques and strategies to implement resolutions and/or WHS measures.
d) List four training records that an organisation need to keep, no matter how large or small the organisation is.
12 'Model' Work Health and Safety laws identify employers as PCBUs.
- Do PCBUs need to provide supervision?
13 a) Research WHS prosecutions that have been recently published.
• detail the 1 non-compliance case
• and the impact on affected parties
(Suggest review a recently published Worksafe incident) (50-100 words).
b) Explain what businesses need to do to avoid the impact of non-compliance.
14 Auditing your Work health and safety management system can assist with.
a) Measuring the performance of an organisations health and safety program
b) Implementing a cycle of continuous improvement
c) Benchmarking health and safety performance system to recognised standards
d) Gaining recognition for the organisations achievements in management of health and safety.
e) All of the above
15 Following WHS consultation during the resolution of an issue, what needs to be recorded? (multiple choice)
a) Who is involved in the health and safety issue
b) What the safety topic is about
e) The decision made and action taken and when (including when it was completed)
d) All of the above
16 a) List a minimum of FOUR policies and/or procedures relevant in a workplace that assist duty holders to report failures, hazards, risks and meet statutory requirements.
b) Briefly explain, how are these policies or procedures accessed?
c) Briefly explain, how are these policies or procedures implemented?
d) Can the Health and safety representatives be held personally liable for anything done or not done in good faith when exercising their powers as a health and safety representative?
17 Access the Occupational Health and Safety Act 2004 (Vic). List legislated 'duties' and the following Sections 21-25.
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RHoDEs COLLEGE
CRICOS Code: 02992E RTO No.: 21870
ASSESSMENT 2 - PROJECT - STUDENT INFORMATION
This information is to be handed to each student to outline the assessment requirements.
Using either the issue identified in the scenario below or one in your current workplace/practice
environment, you are to assist with providing advice about the legislative duties, rights and obligations
of individuals and parties prescribed in WHS laws as part of a systematic approach to managing WHS.
For this project, you are required to access and apply an organisation's WHS policies and procedures. You may base your submission on either one of:
• specific procedures of the organisation in which you currently work if information is available and you have the agreement of your employer and your trainer/assessor, and/or
• Rhodes College OHS Policies and Procedures Practice Manual - available in the Institute's Student Resource Folder
• You must complete the full project and provide enough information to demonstrate sufficient understanding of what has been asked to achieve competency.
• Ask your trainer/assessor if you do not understand the project, he/she may be able to re-word the
requirements for you or provide further assistance based on the Institute's -Reasonable Adjustment Policy-.
• Answers should be your own work, in your own words and not plagiarised, nor copied. However, if an answer is cut & pasted (such as a definition), then the source should be referenced.
Scenario
You are a member of the Health and safety committee (HSC), it has been bought your attention that a 'safety alert' has been issued from Worksafe Victoria. Following consultation with the employer, you form a working party immediately; the working party includes other members of the HSC.
Your team has been issued a SAFETY ALERT' from Worksafe; you must assist with providing advice to 'relevant duty holders'. The duty holders must include individuals and parties, employers and employees
at a minimum.
Tasks:
1.
Source and discuss a 'Safety alert' issued by a regulatory agency.
In a structured group discussion, seek ideas and discuss ways to resolve and or treat the impending issue.
Commence the discussion by referring to the concept of ensuring health and safety.
Discuss ways advice can be provided to those at risk.
Conclude by discussing some measures to eliminate/reduce the risk.
Write the title and date of alert here:
Each member of the group must propose at least I question that might be asked of WHS legal advisers.
Attach evidence of this activity to your final submission. (Photo/minutes of meeting/video link)
Resources to complete the activity include:
• Butchers paper & pens
• Occupational health and safety Act 2004 Section 20
• Relevant Safety Alen'
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RHODES COLLEGE CRICOS Code: 02992E RTO No.: 21870
2. Compose a letter for the company's senior WHS Adviser. The objective of the letter is to raise
concerns about the 'Safety Alert'
Letter must include:
• information about current legislation and duties, rights and obligations of all persons/parties that may be impacted as a result of the 'Safety Alert'
• the functions of the regulator and powers of the inspector
• requests for legal advice about various items raised during your group's discussion
3. Concerns were raised by the 'working party' about the speed and agility of organisational systems to implement the necessary control measures need to be addressed.
You decide to attend a -tool box meeting- of employees at the beginning of the next shift. The HSR supports the idea of raising the 'Safety Alert' with their Designated Work Group and will also be in attendance.
Prepare advice for employees in the form of 'handouts' about the current situation. The 'hand-out' must include:
• A copy of the alert
• The current position/situation, and steps taken by the organisation in managing/mitigation of the associated risks
• Description of the underpinning objectives and principles of WHS legislation
• Rights and obligations of employees, processes to ensure compliance
• Resources available to ensure compliance
• Information about the issue resolution processes relevant to this situation, and why a 'Worksafe' inspector may attend, and what may occur if the inspector attends
• Who can be contacted for further information (internal and external)
4. Prepare a report on behalf of the working party.
The report is for the attention of the Health and Safety Committee and must include:
a) How the measures were planned for and implemented by the working party
b) Details of WHS legislative requirements
c) Training needs of HSRs and other relevant parties, identified in a Training matrix and developed training log
d) Processes for approving training of HSRs and others (include the detail of the training)
e) Recommendations - Based on what we learned from the situation, recommend improvements. Ensure you include:
• OHS policy and supporting procedures (E.g. Safe work procedures, OHS policy directives and responsibilities)
• Workplace processes and systems (E.g. Issue resolution/WHS Information systems)
DOCUMENTATION TO BE SUBMITTED to complete this Assessment:
1. Evidence of participation in Task 1 - discussions and review of the 'Alert'
2. Letter addressed to the company's Workplace health and safety representative/lawyer
3. Handouts for tool box meeting
4. Report prepared by 'YOU' for 'the HSC', dated today. Titled Safety Alert - {detail of alert}
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RHODES COLLEGE CRICOS Code: 02992E RTO No.: 21870
Your submission must be prepared using business software such as MS Word, Excel, PowerPoint or similar software, with hard copies provided to your Trainer/Assessor. Hand written submissions - represented in filling templates and notes are acceptable.
Your documents should be professionally formatted and include:
a. Your Name
b. Your Student ID
c. Unit Code
d. Assessment Number (i.e. BSBWHS402 Assessment 2)
Resources: Refer to Resources section at Page 2.
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