BSBWHS302

Apply knowledge of WHS legislation in

the workplace

UNDERPINNING
KNOWLEDGE

MARKING GUIDE

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
 BSBWHS302
Apply knowledge of WHS legislation in the workplace

This unit describes the, skills and knowledge required to understand and comply with work
health and safety (WHS) Acts, regulations and codes of practice in the workplace.

Application of the Unit

This unit applies to individuals who contribute to actions to achieve compliance with WHS
legislation as part of their WHS responsibilities, which are in addition to their main duties.

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.

Notes to the assessor

1. This assessment is to be conducted in a supervised classroom environment without
the assistance of notes, textbooks etc.
2. The student must complete his / her own work without assistance from other
persons:
 Predetermine the timeframe for the assessment and advise the student.
 Unless otherwise specified, the student's answers should be 100 to 250
words.
3. The student must answer each of the questions. The student’s answers must align
with AQF level 3 according to the Australian Qualification Framework 2013.
4. Each aspect of the assessment tasks must be assessed as satisfactory in order for
the student to achieve a satisfactory result.
5. The student will be given the opportunity to be assessed as satisfactory.
6. Assessors are encouraged to provide feedback and coaching, if required, with a view
to assisting the student to achieve competency.
7. Complete the assessment sign off sheet with the student.
8. Return the completed assessment, all supporting documents and material, and
assessment sign off sheet to the RTO as soon as possible after the completion of the
assessment.

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
Question 1
The student must identify one (1) piece of WHS legislation that affects him / her and his / her
school.

The response must include one (1) of the following key points:
 WHS Act
 WHS regulations
 Code of practice
 Australian standards

Question 2
The student must explain what the legislative framework does.

The response must reflect the following statement:

The legislative framework covers all persons at any workplace. Employers must protect the
health, safety and welfare of their employees and other people on their premises, including
visitors, self-employed people, voluntary workers and sub-contractors, from risks arising
from work activities.

Question 3
The student must identify two (2) other WHS documents that he / she must ensure they have
read and understood.

The response must include two (2) of the following:

 Organisational WHS policy
 Organisational WHS procedure
 Organisational processes and systems
 Guidance material
 Alerts issued by the relevant WHS regulator

Question 4
Identify two (2) websites you could access to read current WHS legislation information

1.Workcover
2.Comlaw

Question 5
The student must show how he / she can receive information on the required legal
obligations to the team.

The response must include one (1) of the following key points:
 Induction program
 Sign off sheets
 Training
 Meetings
 Policies and procedures
 Safe work practices

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
Question 6
The student must nominate three (3) internal sources he / she could access current WHS
legislation, codes, standards, policies and procedures.

The response must include three (3) of the following:

 Annual and company reports
 Business documents
 Accident, injury and illness reports, records and statistics
 Environmental monitoring
 Workplace hazard and risk assessments
 Absentee and attrition reports
 Lectures / training workshops and seminars
 Meetings, surveys and workplace audits
 Conversations at lunch or during breaks
 Observation of environmental conditions
 Observation of current and new work practices
 Training
 Induction
 Colleagues
 Policy and procedures

Question 7
The student must nominate three (3) external sources he / she could access current WHS
legislation, codes, standards, policies and procedures.

The response must include three (3) of the following:

 Professional journals,
 Acts and regulations
 Lectures / training workshops and seminars
 Demographic information on accidents and trends in the local area
 Health / environment monitoring
 Hazardous material reports / advice
 Instruction manuals
 The internet
 Social contacts with co-workers and others
 Media
 Manufacturer’s manuals
 Australian Standards
 Regulatory authorities
 Unions
 WHS specialist

Question 8
The student must nominate three (3) of the basic tenets of WHS legislation.

The response must include three (3) of the following:

 Secure the workplace health, safety and welfare of employees
 Protect persons (including the general public) at or near workplaces from risks to
health and safety arising out of work activities

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
  Ensure that expert health and safety advice is available to employers, employees
and contractors
 Promote work environments that are adapted to the WHS needs of employees
 Provide workplaces that are free from unnecessary stress and that are secure
 Foster cooperation and consultation between employers and employees on matters
that relate to WHS and employee welfare

Question 9
The student must explain how he / she can identify the WHS legislative requirement of a
specific workplace.

The response must reflect one (1) of the following key points:
 Seek specialist advice
 Read and understand WHS legislation
 Complete WHS training
 Look to best practice models for the industry
 Understand WHS Acts, Regulations and relevant Codes of Practice

Question 10
The student must explain what a ‘Code of Practice’ is.

The response must reflect the following:

A Code of Practice is a practical guide to achieve the standards of health and safety required
under the model Work Health and Safety (WHS) Act and model WHS Regulations. Codes of
Practice provide duty holders with guidance on effective ways to manage work health and
safety risks.

Question 11
The student must identify the Duty Holders as specified in WHS Act.

The response must include at least two (2) of the following:

 Persons conducting business or undertakings (PCBUs)
 Their Officers
 Workers
 Other persons in the workplace

Question 12
The student must identify three (3) of the PCBU’s duties, rights and / or obligations.

The response must include three (3) of the following:

 Primary duty of care to ensure the safety of workers and others
 Facilitate the election of the health and safety reps
 As far as reasonably practicable, provide and maintain a working environment where
workers are not exposed to hazards
 Consultation
 Providing:
o Safe working environment;
o Safe plant and structures;
o Safe systems of work;
o Safe use, handling and storage of plant and substances;

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
 o Adequate facilities;
o Information, instruction and training; and
o Monitoring of the workplace

Question 13
The student must identify four (4) of the worker’s duties, rights and / or obligations.

The response must include four (4) of the following:

 Take reasonable care for their own safety
 Take reasonable care for the safety of others
 Comply with the reasonable instructions of a PCBU
 Co-operate with the PCBUs reasonable policies or procedures for health and safety
 Follow the PCBU’s instructions
 Use personal protective clothing and equipment
 Take good care of equipment
 Report hazards
 Report injury or harm to health
 Cooperate with the PCBU

Question 14
The student must explain what section of WHS legislation discusses duties, rights and
responsibilities of workers.

The response must include:

Part 2 Division 4 Section 28

Question 15
The student must identify two (2) occasions when legal advice may be needed.

The response must include two (2) of the following:

 On a one-off, or infrequent, basis
 Due to the need for advice and information of a level of specialisation that is above
and beyond the PCBU’s normal requirements
 As a means to getting a second opinion
 When an accident or injury occurs and the PCBU is going to be sued
 When non-compliance occurs and the PCBU is going to be prosecuted

Question 16
The student must identify three (3) parties that have a role and responsibility regarding
consultation.

The response must include three (3) of the following:

 Contractors and subcontractors
 Customers
 Duty holders as specified in WHS Acts:
o PCBUs or their officers
o Workers
o Other persons at a workplace
 Health and safety committees
 Health and safety representatives

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
  Suppliers
 Unions
 WHS entry permit holders
 WHS inspectors
 WHS regulators

Question 17
The student must name one (1) policy within his / her workplace that addresses the
organisation's approach to consultation.

The response must include one (1) of the following:

 A specific consultation policy
 WHS policy
 Open door policy
 Feedback policy
 Communication policy

Question 18
The student must identify what responsibility he / she has regarding consultation if you are
the WHS representative.

The response must reflect one (1) of the following:

 Provide link between workers and higher levels of management
 Develop rapport with workers
 Put time aside to spend with workers to informally discuss issues
 Ensure WHS is included in any planning
 Discuss WHS in team meetings and encourage worker contributions in these
meetings

Question 19
The student must nominate if duty holders have an obligation to ensure all workers are
trained in relevant WHS matters.

The response must be:

Yes

Question 20
The student must explain what role consultation plays in managing health and safety risks.
The response must include one (1) of the following key points:
 Allows employees to have a say in matters that affect their health, safety and welfare
 Allows the organisation to access the detailed knowledge that employees have of the
risks related to the work they perform
 Is valuable in not only identifying and assessing risk, but in working out what control
measures would be most effective and economical

Question 21
The student must explain why is it important to promptly arrange to meet the WHS training
needs of team members.

The response must include one (1) of the following key points:

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
  Legal compliance
 Safety of worker
 Safety of other workers
 Productivity

Question 22
The student must give three (3) examples of non-compliance with WHS legislation.

The response must reflect three (3) of the following:

 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 practise
 Poor design
 Workplace hazards not identified or controlled
 Workplace systems not in place or inadequate

Question 23
The student must nominate four (4) consequences of non-compliance with WHS legislative
requirements.

The response must include four (4) of the following:

 Unnecessary accidents and illness
 High attrition and absenteeism
 High levels of employee dissatisfaction
 Inspections and government safety audits
 Improvement orders
 Lock outs
 Shut downs
 Fines
 Litigation / personal liability
 Time spent mediating grievances
 Industrial action

Question 24
The student must explain what ‘Duty of Care’ means.

The response must reflect the following:

Duty of Care places into a legal form a moral duty to:
 Anticipate possible causes of injury and illness
 Undertake prompt actions to remove or minimise causes of harm, so far as is
‘reasonably practicable’

Question 25
The student must nominate whose interest the Health and Safety Committee represent.

The response must be:

The workers

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
Question 26
The student must identify two (2) tasks that a Health and Safety Representative (HSR) is
expected to do.

The response must include two (2) of the following:

 Investigate worker complaints about WHS
 Conduct workplace inspections
 Liaise with employers to encourage improvements

Question 27
The WHS Act places a requirement on employers and organisations to provide effective
induction and safety training for employees.

The student must select:

TRUE

Question 28
The student must nominate four (4) subjects that WHS training may cover.

The response must include four (4) of the following:

 Safe work practices for specific work activities
 WHS responsibilities and roles
 Legislative compliance
 Policies and procedures
 Hazard and risk identification and reporting procedures
 Worker’s compensation requirements and applications
 Resolution processes for issues and concerns
 Conflict management and awareness of stress management needs
 Design of safe workplace procedures
 Awareness of the consequences of poor safety management

Question 29
The student must explain how workers can contribute to monitoring safety compliance.

The response must reflect the following:

Workers can contribute to monitoring safety compliance by ensuring that work is undertaken
in a safe manner in accordance with relevant WHS legislation, codes, standards and
workplace policies and procedures.

Question 30

The student must nominate three (3) things workers can do to ensure the workplace
complies with legislation.

The response must reflect three (3) of the following:

 Follow safe work practices
 Complete tasks as trained
 Work in a safe manner, without endangering others
 Wear appropriate PPE as required

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
  Use equipment as intended
 Keep workplace tidy
 Report near misses or identified hazards
 Use appropriate signage

Question 31
The student must identify what action he / she should take if he / she has concerns
regarding hazards risks, non-compliance or other associated issues.

The response must reflect the following:

Promptly communicate them to the WHS committee and / or WHS representative; or, where
there is no representation, to a supervisor or manager

Question 32
The student must give four (4) examples of appropriate action that the employer should take
if non-compliance with legislation is identified.

The response must reflect four (4) of the following:

 Conduct a WHS audit
 Conduct a WHS inspection
 Engage external specialists and consultants
 Identify non-compliance with WHS legislation
 Implement, monitor and evaluate 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
 Ensure WHS policies and procedures are being followed within the workplace

Question 33
The student must explain why it is necessary to keep up-to-date with WHS legislation.

The response must reflect the following:

Sharing information with employees is a requirement of the WHS legislation. The legislation
is not, however, static. It changes as the political environment changes and as knowledge of
WHS issues is increased and refined. It is therefore necessary that all information passed to
employees be verified as current, relevant and accurate.

Question 34
The student must nominate two (2) relevant publications he / she could access to keep up-to
date with WHS matters.

The response must include two (2) of the following:

 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

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au
Question 35
The student must explain how the internet has allowed duty holders to ensure their
knowledge of WHS legislation remains current.

The response must reflect one (1) of the following key points:
 All parties can access legislation
 Changes to legislation can be accessed immediately

Question 36
The student must nominate three (3) methods that may be used to communicate information
on changes to relevant legislative requirements.

The response must include three (3) of the following:

 Toolbox talks
 Meetings
 Policies and procedures
 Safe work practices
 Consultation
 Notice board
 Shift change over report
 Training
 Coaching
 Mentoring

Halls Head Community College

Phone: (08) 9535 5195
Address: 1 Casuarina Drive, Halls Head WA 6210
Email: Christine.Coppin@education.wa.edu.au