BSBWHS412 Learner Guide 1.2

Assessor Guide Version 1.
0 Produced 12 June 2019

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Version Control & Document History
Date Summary of Modifications Version
2 September 2019 Version 1.0 released for publishing 1.0
4 February 2020 Updated content relevant to codes of practice 1.1
13 October 2020 Pinnacle received their version 1.0
Learner Guide Version 1.0 Produced 2 September 2019

Table of Contents
This Learner Guide.................................................................. Error! Bookmark not defined.
Introduction ..................................................................................................................... 6
I. Assist with Identifying the Legal Framework for WHS in the Workplace.......................... 9
1.1 Access Current WHS Laws and Related Documentation Relevant To Organisation’s
Operations ....................................................................................................................... 11
1.2 Assist With Analysing Accessed Information to Determine Legal Requirements in The
Workplace........................................................................................................................ 14
1.2.1 Statutory Law ........................................................................................................... 15
1.2.2 Act ............................................................................................................................. 15
1.2.3 Regulations ............................................................................................................... 15
1.2.4 Codes of practice ...................................................................................................... 16
1.2.5 Standards .................................................................................................................. 16
1.3 Assist with Identifying and Confirming Duties, Rights and Obligations of Individuals
and/or Parties As Specified in WHS Laws ........................................................................ 19
1.3.1 Duties under the legislation..................................................................................... 19
1.4 Assist With Seeking Advice From Legal Advisers As Required ........................................ 22
II. Assist with Providing Advice About WHS Compliance .................................................. 23
2.1 Assist Individuals and/or Parties to Locate Information About Their WHS Duties, Rights
and Obligations ................................................................................................................ 25
2.2 Assist With Providing Advice to Individuals and/or Parties About Their WHS Duties,
Rights and Obligations Within Scope Of Own Role ......................................................... 25
2.2.1 Advice to PCBUs ....................................................................................................... 26
2.2.2 Advice to workers .................................................................................................... 26
2.3 Assist With Providing Advice To Individuals and/or Parties About The Functions and
Powers of The WHS Regulator and Workplace Regulatory Compliance Matters........... 26
III. Assist with Establishing WHS Legislative Compliance.................................................. 28
3.1 Assist With Assessing Workplace Compliance With Relevant WHS Laws ....................... 28
3.2 Assist With Reporting On Outcomes Of Compliance Assessment .................................. 30
3.3 Assist With Determining and Documenting Recommendations That Address Identified
Non-compliance .............................................................................................................. 31
3.3.1 Addressing non-compliance .................................................................................... 32

© Compliant Learning Resources Page 3
3.4 Assist With Determining Related WHS Training Needs Of Work Team and With
Providing The WHS Training To Meet Legislative and Organisational Requirements .... 33
3.4.1 Internal training requirements ................................................................................ 34
3.4.2 Organising training ................................................................................................... 38
3.4.3 Reporting to management ....................................................................................... 38
IV. Assist with Maintaining WHS Legislative Compliance ................................................. 40
4.1 Assist With Developing or Modifying Workplace Policies, Procedures, Processes and
Systems That Support Compliance According to Organisational Policies and
Procedures and WHS Legislative Requirements ............................................................. 40
4.2 Assist With Communicating Developed or Modified Workplace Policies, Procedures,
Processes and Systems .................................................................................................... 41
4.3 Assist With Monitoring Implementation of Developed or Modified Workplace Policies,
Procedures, Processes and Systems To Ensure Legislative Compliance ......................... 42
Answers to Activities .............................................................. Error! Bookmark not defined.
References ..................................................................................................................... 43

This Learner Guide Covers
Assist with Workplace Compliance with WHS Laws
I. Assist with identifying the legal framework for WHS in the workplace
II. Assist with providing advice about WHS compliance
III. Assist with establishing WHS legislative compliance
IV. Assist with maintaining WHS legislative compliance
Learning Program
As you progress through this unit of study, you will develop skills in locating and
understanding an organisation’s policies and procedures. You will build up a sound
knowledge of the industry standards within which organisations must operate. You will
become more aware of the effect that your own skills in dealing with people have on your
success or otherwise in the workplace. Knowledge of your skills and capabilities will help you
make informed choices about your further study and career options.
Using this Learner Guide

A Learner Guide is just that, a guide to help you learn. A Learner Guide is not a textbook.
Your Learner Guide will:
1. Describe the skills you need to demonstrate to achieve competency for this unit.
2. Provide information and knowledge to help you develop your skills.
3. Direct you to other sources of additional knowledge and information about topics for
this unit.

Introduction
Congratulations! By undertaking this course, you have taken the first steps in becoming an
effective safety officer in the workplace.
But what does this mean? Essentially, it means that you will become a safety advocate and
a key player in influencing organisational change to improve work health and safety (WHS)
in your organisation. The position comes with big responsibilities, but it can also be
extremely rewarding. So how do you achieve successful outcomes in this role?
Starting with the basics, there are a few keywords that you need to understand as they relate
to safety.
These are:
▪ Hazard – Anything that has the potential to cause harm or injury to people or
equipment.
▪ Risk – In relation to any potential injury or harm, the likelihood and consequence of
that injury or harm occurring. (AS/NZS 4804:2001, Occupational Health and Safety
Management Systems Standard, s. 3.18)
▪ Risk control – The process of eliminating or minimising risks. This may be an object,
work process, or system of work. (AS/NZS 4804:2001, Occupational Health and Safety
Management Systems Standard, section 3.4)

▪ Safety – A state in which the risk of harm (to persons) or damage is limited to an
acceptable level (AS/NZS 4804:2001, Occupational Health and Safety Management
Systems Standard, s.3.19)
In addition to the keywords listed, to effectively undertake the role of safety officer and
interact with others to achieve compliance and safe outcomes for everyone, there are two
key concepts you will need to understand.
Culture
The first of these concepts is the culture of the organisation. The culture of the workplace
will determine how the organisation views safety; whether they pay lip service to it or are
proactive in improving safety standards continuously. Culture cannot be changed overnight
as this is driven from the top down within an organisation. However, your actions over time
acting as a role model, combined with the implementation of initiatives that improve safety,
will slowly influence others around you to model best practice.
Management style can be a driving factor in the development of an organisation’s culture. If

the organisation is hierarchical in nature, there may be a tendency for political agendas to
conflict with an open flow of information, impeding the application of a systematic approach
to safety.

Strategy
Once you understand the culture of the organisation, you start to appreciate how safety is
viewed within it and understand what management level may require the greatest influence
to affect change. It is then that you can start to develop strategies to implement safety
improvements. You will need to understand who has the authority to approve changes you
propose, and you must present your case to them. Your job involves presenting strategies to
solve problems, not just identifying the problem itself. Therefore, strategy development is a
key component of your role as a safety officer.
Throughout this course, we will explore these concepts in more detail and work towards how
you can best approach the role of an effective safety officer and become a ‘change manager’
in the field of safety.
Figure 1 provides an example of the culture ladder, which shows that the best way to effect
these changes is to involve the entire organisation in the process. This ensures that all staff
members will have a vested interest in contributing to a strong safety culture.
Resilient
Increasingly informed and
• We
consulted Proactive understand
• We risk and we
Compliance- continuously are
driven improve chronically
Reactive hazard control uneasy
• Our risk
• Safety is management and we seek
Vulnerable important, we systems are to be safe by
respond well compliant design
• What more
could be done to accidents
- it was an Increasing trust and
accident accountability
Figure 1 - The culture ladder (adapted from Hudson, 2003)

I. Assist with Identifying the Legal Framework for WHS in the
Workplace
In 1956, the High Court ruled that an employer was negligent due to the system of work
being used in the organisation when an employee was injured. As a result, legislation was
put in place to ensure that employers are obligated to provide a safe and healthy work
environment for their employees.
In addition to your responsibilities as a safety officer, the legislation relevant to your
jurisdiction and your industry will be very specific regarding what your organisation’s
responsibilities are. Your role as a safety officer is to understand the legal framework of
safety in the workplace and the systems that a workplace must have in place in order to be
compliant under these laws.
You will need to have a good understanding of relevant legislation to ensure compliance and
provide accurate safety advice. As a safety officer, you have a professional obligation to
ensure that the safety advice you provide is accurate.
Some of the terminology you will need to understand in relation to legislation is:
▪ Due diligence – The duty imposed on officers of an organisation to meet their
requirements under legislation.
▪ Duty of care – Duty of care exists where one person is obligated to take proper care
to avoid causing injury to another. For duty of care to exist, the persons involved must
be in a ‘special relationship’ (such as one road user to another, employer to
employee, manufacturer to consumer, doctor to patient, or solicitor to client) or
there has been a precedent set by previous legal cases.

▪ Negligence – The failure to do a thing that a reasonable person would do, or doing
something that a reasonable or prudent person would not do.
▪ Professional liability – When a professional provides advice that is negligent or they
fail to perform their duties under the law.
▪ PCBU – For some jurisdictions, the legislation refers to a PCBU, which stands for
“person conducting a business or undertaking”. PCBUs have certain responsibilities
under the legislation and jurisdictions that don’t use this terminology will generally
refer to employers or managers regarding similar responsibilities.
▪ Officer – An officer within the meaning of section 9 of the Corporations Act 2001
(Cth) other than a partner in a partnership. Broadly, an officer is a person who makes
or participates in making decisions that affect the whole, or a substantial part, of the
organisation’s activities. Relating to health and safety, it is important to understand
that in Part 2 Section 27 of the Act: “an officer of a person conducting a business or
undertaking may be convicted or found guilty of an offence under this Act relating to
a duty under this section whether or not the person conducting the business or
undertaking has been convicted or found guilty of an offence under this Act relating
to the duty or obligation”.
▪ Worker – Employees, contractors, subcontractors, out workers, apprentices and
trainees, work experience students, volunteers, and PCBUs who are individuals if
they perform work for the business.

1.1 Access Current WHS Laws and Related Documentation Relevant To
Organisation’s Operations
As a safety officer, you are required to remain up to date with current WHS knowledge. The
easiest way for you to stay current is to familiarise yourself with the Safe Work website in
your own jurisdiction. You will need to either subscribe for updates to these sites or visit
them on a regular basis to keep up with any changes.
Safe Work Australia is a statutory agency set up by the Australian government tasked with
improving work health and safety arrangements across the country. When determining
which legislation applies to your organisation, the Safe Work Australia website is a good
place to start since they provide details of the regulators for each jurisdiction. Once you
arrive at the relevant regulator website, you can find the appropriate legislation governing
WHS in your industry.
One of the best skills you can develop as a safety officer is navigating relevant and current
legislation and information. It is not always apparent where the required information will be.
Legislation can be hundreds of pages long and legal documents, in general, can be difficult
to interpret. Here are some tips:
▪ Ensure you are using the most up-to-date information from reliable sources. Check
that the legislation you are using has not been repealed or amended.
▪ When you access the legislation, make sure you have the right jurisdiction. Some
have the same name but apply to different jurisdictions. It is good practice when

referencing legislation to note both the year of enactment and the jurisdiction in
parentheses, i.e. (QLD).
▪ Consult the website of your State/Territory regulator. They are good resources and
may have useful tools to help you learn the applicable parts of relevant legislation.
Some have guides comparing legislation or key parts of the legislation. Many have
services that will email you news and updates.
▪ You can search any PDF by pressing Control and F. This brings up a search box where
you can input the word or phrase that you’re looking for. For example, you can type
‘diligence’ into the search box, and it will take you directly to any instances of
‘diligence’ in the text.

▪ You can use the Codes of Practice as a starting point as they often refer to parts of
the appropriate legislation. For example, the Code of Practice for Hazardous Manual
Tasks refers back to the specific parts of the legislation that are relevant to it.
▪ Don’t forget to network, use industry bodies, consult with subject matter experts, or
consider continual training to assist in your searches and application of the
legislation.
These may include:
o Standards Australia
o National Safety Council of Australia
o Safety Institute of Australia
o Australian Council of Trade Unions
o Australian Chamber of Commerce and Industry
Further Reading
For more information on current WHS laws and related
documentation, you can visit the following websites.
Safe Work Australia
Australian Legal Information Institute

1.2 Assist With Analysing Accessed Information to Determine Legal
Requirements in The Workplace
The legal framework is made up of different types of legislation, each with their own
applications. You will need to understand how all of these apply to the organisation you are
advising. The following diagram shows how the varying levels of the framework fit together.
Legal
Framework
Statutory Law
Common Law
(Legislation)
Acts Precedents
Regulations
Codes of
Practice
Regulator
Australian Industry Other WHS
guidance
standards standards material
material

1.2.1 Statutory Law
Statutory laws are created by the government in a lengthy process. It can take up to two
years to get a new law passed and implemented, and the same goes for amendments to
existing laws. Passing new laws entails several readings within Parliament and much research
and debate before a vote is held. A majority vote is required before the new law can be
passed into legislation. Both acts and regulations fall under this category of law. Statutory
law is also different from common law
Common Law Statutory Law
• Based on judge- • Based on a bill that

made decisions. has been passed
• Produce precedence through government.
that is built up over • Enacted by the
time. ascent of the
Governor (State) or
Governor General
(Commonwealth)
1.2.2 Act
An act is a public legal document that details a bill that has been enacted by Parliament. It
provides provisions that contain the statements and rules for implementing the policy it
addresses. Acts are enforceable by law and must be complied with. Non-compliance may
result in fines. Each jurisdiction has a WHS Act that sets out the requirements for ensuring
workplace health and safety. These acts spell out the duties of different individuals and
groups who play a role in WHS. Basically, the act tells us what we must do to obtain legal
compliance.
1.2.3 Regulations
Regulations explain the duties of particular groups of people in controlling the risks
associated with specific hazards. They are based on the acts and explain how to engage with
the latter to achieve compliance. Like acts, regulations are enforceable by law and can result
in fines if breached. They set the minimum requirements for addressing specific hazards or
work practices, the registration of plants, licensing or granting or approving certificates.

1.2.4 Codes of practice
Industry codes of practice can be used for guidance to achieve the standards set by acts and
regulations. Representatives from government agencies, industry, workers and employers,
and special interest groups are consulted during the development of codes of practice. While
an organisation does not have to comply with a code of practice, they need to demonstrate
that they have an alternate system in place to achieve the same outcome. An organisation’s
policies and procedures must not conflict with a code of practice.
When going through a code of practice, keep in mind how to interpret ‘should’ and ‘may’.
Should May
Recommended Optional
course of course of
action action
Codes also include various references to sections of relevant WHS acts and regulations to
provide context within legal requirements. These references are not exhaustive. The words
‘must’, ‘requires,’ or ‘mandatory’ indicate that these legal requirements exist and must be
complied with.
1.2.5 Standards
Standards Australia defines standards as “published documents setting out specifications
and procedures designed to ensure products, services and systems are safe, reliable and
consistently perform the way they were intended to. They establish a common language
which defines quality and safety criteria”.
Standards Australia is the independent body responsible for developing Australian Standards
consistent with international standards.
Standards are similar to codes of practice in that they provide guidance on how to meet
accepted requirements and are not generally enforceable. Standards can also be mandated
under legislation. In such cases, the specific standard becomes mandatory.
An example of a mandatory standard is AS/NZS 2299.1:2007 Occupational diving operations
— Standard Operational Practice which is mandated under the Work Health and Safety
Regulations 2011, Part 4 High Risk Diving Work, Section 183.

Guidance notes
Guidance notes provide detailed information to assist employers in meeting the legislative
requirements. They are generally published by industry bodies.
Uniform legislation
It has been determined that although there are many similarities between the laws of
different jurisdictions, there are also some differences that may cause confusion. It has been
determined that Australian workers should be entitled to the same WHS standards,
regardless of the jurisdiction in which they operate. This is called the National Uniform
Legislation.
In response, the Commonwealth and each State and Territory government have agreed to
harmonise their WHS laws, including acts, regulations, and codes of practice, so they are
similar across jurisdictions. To facilitate this, the Commonwealth government created the
Model Work Health and Safety Act 2011 and the Model Work Health and Safety Regulation
2011.
Under the Intergovernmental Agreement for Regulatory and Operational Reform in
Occupational Health and Safety, the different Australian jurisdictions agreed to adopt the
model work health and safety legislation, with minor variations as necessary to ensure
consistency with relevant jurisdiction-specific drafting protocols and laws and processes.
At this stage, all jurisdictions aside from Victoria and Western Australia have enacted new
WHS legislation in line with harmonisation reforms.
Only legislation and codes of practice approved and enacted by a jurisdiction’s parliament is
valid for that jurisdiction. Check before you use any ‘model’ sources of information for
compliance requirements.

The following table shows relevant WHS legislation based on each jurisdiction, but you
should continually check for any updates to this:
Jurisdiction Legislation in force as of July 2019
Australian Capital Territory ▪ Work Health and Safety Act 2011 (ACT)
▪ Work Health and Safety Regulation 2011 (ACT)
New South Wales ▪ Work Health and Safety Act 2011 (NSW)
▪ Work Health and Safety Regulation 2017 (NSW)
Northern Territory ▪ Work Health and Safety (National Uniform Legislation) Act
2011 (NT)
▪ Work Health and Safety (National Uniform Legislation)
Regulations 2011
Queensland ▪ Work Health and Safety Act 2011 (Qld)
▪ Work Health and Safety Regulation 2011 (Qld)
South Australia ▪ Work Health and Safety Act 2012 (SA)
▪ Work Health and Safety Regulation 2012 (SA)
Tasmania ▪ Work Health and Safety Act 2012 (Tas)
▪ Work Health and Safety Regulation 2012 (Tas)
Victoria ▪ Occupational Health and Safety Act 2004 (Vic)
▪ Occupational Health and Safety Regulations 2017 (Vic)
Western Australia ▪ Work Health and Safety Act 2020 (WA)
▪ Work Health and Safety (General) Regulations 2022 (WA)
Commonwealth ▪ Work Health and Safety Act 2011
▪ Work Health and Safety Regulations 2011

1.3 Assist with Identifying and Confirming Duties, Rights and Obligations of
Individuals and/or Parties As Specified in WHS Laws
For an organisation to manage its WHS functions effectively, the roles of different staff
members need to be clearly defined. Legislation clearly defines some of these roles. In some
jurisdictions, the names of these parties may be different, such as employer (same as PCBU),
employee (same as worker), and main contractor (same as principal contractor). Please
ensure you check your current and relevant legislation to see which terms are used in your
jurisdiction.
1.3.1 Duties under the legislation
In your organisation, you will need to ensure you understand your own job role as a safety
officer. To understand this, you will need to consider the WHS duties required under the
legislation.
In general, duty holders are required to ensure health and safety, so far as is reasonably
practicable, by eliminating risks to health and safety. If the risk cannot be eliminated, they
must be minimised so far as is reasonably practicable.
Under the WHS Act 2011, duty holders are broken up into four classes:
▪ PCBUs
▪ Officers
▪ Workers
▪ Other persons in the workplace
Duties of a PCBU
The following duties apply to a PCBU:
▪ Ensure the health and safety of workers in the workplace
▪ Ensure the health and safety of others in the workplace
▪ Provide and maintain a work environment free of risk to anyone’s health and safety
▪ Provide and maintain safe plant and structures
▪ Provide and maintain safe systems of work
▪ Ensure the safe use, handling, and storage of plant
▪ Provide adequate facilities for the welfare of workers
▪ Provide information, training, instruction, and supervision
▪ Monitor workers’ health and the conditions of the workplace
▪ Maintain any accommodation available to a worker for the purposes of carrying out
their duties
(Source: Work Health and Safety Management Plan)
Duties of officers
The primary duty of officers (senior management) of the PCBU is to exercise due diligence
to ensure that the PCBU complies with all WHS duties and obligations they have under
legislation.
Due diligence includes the officer personally taking reasonable steps to:
▪ Obtain and store up-to-date information on work health and safety matters.
▪ Recognise the nature and operations of the work and its associated hazards and risks.
▪ Make sure PCBU uses appropriate process to remove or reduce risks to health and
safety.
▪ Ensure the PCBU has appropriate processes to receive and consider information
about incidents, hazards and risks, and to respond in a timely manner.
▪ Make certain PCBU complies with duties and work health and safety obligations.
(Source: Guide to Work Health and Safety Act 2011)

Duties of workers
The following general duties apply to each staff member of your organisation, including
employees, apprentices, volunteers, contractors, sub-contractors:
▪ Take reasonable care of their own health and safety.
▪ Take reasonable care that their acts or omissions do not affect the health and safety
of other persons.
▪ Comply with any reasonable instruction from the PCBU so far as they are reasonably
able.
▪ Cooperate with all reasonable WHS related policies and procedures of the PCBU.
Duties of other persons at the workplace

The following general duties apply to any person at the workplace, regardless of whether
they are also a PCBU, officer, or worker; this can include customers, visitors, or any other
person who enters the workplace:
▪ Take reasonable care of their own health and safety,
▪ Take reasonable care that their acts or omissions do not affect the health and safety
of other persons,
▪ Cooperate with any actions taken by the PCBU to comply with legislation
The legislation recognises that a person in the workplace may fall into more than one of the
four classes of duty holders specified above. In that case, the person is obligated to meet the
duties of all the duty classes relevant to their position.
For example, a small business owner may also perform work within the business. In this case,
they would fall into both the PCBU and worker duty classes and must meet the duties of both
classes.
Shared duties
The legislation also recognises that more than one person may have the same duty. In this
case, all the persons sharing the duty are fully responsible for that duty.
For example, each member of a company’s board of directors have a duty relevant to their
position, and each director will be fully responsible for that duty.

Duties are not transferrable
The legislation makes it clear that “a duty cannot be transferred to another person”.
Thus, each person in the workplace is responsible for fulfilling their legislative duties. And
while they can delegate specific WHS related tasks to other people in the workplace, they
still maintain the responsibility for their duties.
For example, a PCBU has the duty to provide information, training, and instruction to
workers. While they could delegate the task of training workers to another person in the
workplace, the PCBU is still responsible for that duty and is still liable should an injury arise
as a result of the trainer failing to provide effective information, training, and instruction to
workers.
1.4 Assist With Seeking Advice From Legal Advisers As Required

Where you are unsure of how to interpret the legislation or how it applies to your
organisation, you may need to seek legal advice. According to the WHS Act 2011, a legal
practitioner is someone “who is admitted to the legal profession by a federal court or a
Supreme Court of State or Territory”.
Aside from legal practitioners, you may also seek legal advice from WHS professional bodies,
WHS specialists (consultants), or from regulatory authorities. Other useful and relevant help
can come from employer/industry groups, such as Master Builders and employee groups
such as the Construction, Forestry, Maritime, Mining and Energy Union or other unions. If
you do need to seek legal advice, ensure that you have the authority to do so, especially if
there is a cost involved. You may also seek legal advice concerning notifiable incidents, when
consulting about penalties for non-compliance, or when consulting about legal proceedings
such as prosecutions.
If you are not sure where to start, some WHS bodies have contact lists that you can access
when looking for legal advisers.

II. Assist with Providing Advice About WHS Compliance
Once you have an understanding of what legislation applies to your workplace, you will need
to ensure you make all stakeholders—including management, workers, and others as
defined in the legislation—aware of what WHS-related responsibilities they have. You need
to inform them about the consequences of non-compliance and may need to update any
outdated or non-compliant organisational policies and procedures.
As a safety officer, you have a duty under the WHS legislation to ensure that the information
you are providing is up to date, accurate, based on sound analysis, and applicable to the
organisation that you are advising.
To achieve this, you need to ensure that you fully understand the organisation’s business
objectives, policies and procedures and culture. You will also need to ensure you are
accessing the most recent legislation and will continually need to conduct research to ensure
the data you are analysing and interpreting is current.
This is an area where your own communication skills will be important. You need to ensure
you understand the organisation’s management processes and need to provide the
appropriate advice in line with these processes. This may be a formal meeting with
management or a formal report. Where you communicate via a meeting, you should ensure
that minutes are kept so that you have a record of what was discussed and what the
outcomes were.

As a safety officer, you need to ensure that you communicate information regarding duty of
care, consultative processes, hazard identification, the risk management process, record-
keeping, staff training, reporting notifiable incidents, responsibilities of specified personnel,
and any other information particular to your industry, organisation, and specific legislation
to members of your organisation.

2.1 Assist Individuals and/or Parties to Locate Information About Their WHS
Duties, Rights and Obligations
Information may come from within your organisation or from other sources. WHS information
can be classified according to its source.
Internal sources External sources
• Obtained from an • Collected from other

organisation's internal agencies outside the
documents - staff organisation - websites,
handbook, books, newspaper
organisational policies articles, state legislation,
and procedures, professional journals,
incident reports, trade unions
organisational WHSMS
The kind of source that you will need depends on the question you want to answer. Specific
questions require direct information from internal sources, while general queries may be
sufficiently addressed by external sources.
Some internal sources of WHS information, such as the staff handbook, should be made
available to workers once they join an organisation. Other sources may require special
permission or request forms before you can access them.
When using external sources of information, make sure that you are accessing reputable
sources, such as official government websites or websites of recognized groups.
2.2 Assist With Providing Advice to Individuals and/or Parties About Their
WHS Duties, Rights and Obligations Within Scope Of Own Role
Each member of an organisation has rights, duties, and obligations that differ depending on
their specific roles. These rights, duties, and obligations can be found in the legislation for
your jurisdiction. They are more or less the same across all States/Territories, but there may
be minor differences in the details of each. Check the applicable legislation for your
jurisdiction to be sure.
Providing advice also encompasses explaining the consequences of non-compliance to your
organisation’s duty holders. Specific penalties can also be found in the legislation.
Advice may be given during one-on-one meetings or via written communication such as an
email. It is important that you are able to properly convey the information needed. This may
require you to reword legal jargon and phrases using terms that can be understood by
laymen.

2.2.1 Advice to PCBUs
As your organisation’s safety officer, one of your duties is to make sure that your PCBU
complies with their duties and obligations.
Some of your PCBU’s duties found in WHS Act 2011 (Comcare) that you might discuss with
them include, but are not limited to:
▪ Ensuring the health and safety of workers in the organisation while they are at work.
▪ Ensuring that the health and safety of other persons are not put at risk from work
carried out by the organisation.
▪ Providing and maintaining a safe work environment.
2.2.2 Advice to workers
The duties of workers in an organisation include, but are not limited to:
▪ Taking reasonable care of their own health and safety.
▪ Making sure that their acts or omissions do not adversely affect the health and safety
of other persons in the workplace.
▪ Complying with reasonable instructions given by the PCBU in relation to WHS
compliance.
2.3 Assist with Providing Advice To Individuals and/or Parties About The
Functions and Powers of The WHS Regulator and Workplace Regulatory
Compliance Matters
The Commonwealth and each State/Territory have their own regulator to oversee compliance
with the legislation applicable in their jurisdiction.
State/Territory Regulator
ACT WorkSafe ACT
NSW SafeWork NSW
NT NT WorkSafe
Qld Work Health and Safety Queensland
SA SafeWork SA
Tas WorkSafe Tasmania
Vic WorkSafe Victoria
WA WorkSafe WA
Commonwealth Comcare

According to the WHS Act 2011, regulators have the following functions:
▪ Monitor and enforce compliance with the legislation.
▪ Offer advice and information on work health and safety to duty holders—including
PCBUs and workers—regarding their duties, obligations, and rights under the
legislation.
▪ Foster a cooperative, consultative relationship between duty holders and the people
to whom they owe WHS duties, and their representatives.
▪ Promote and support WHS education and training.
▪ Engage in, promote, and coordinate the sharing of information to achieve the
objective of the legislation, including the sharing of information with other
regulators.
▪ Conduct and defend legal proceedings under the legislation.
▪ Collect, analyse, and publish statistics relating to WHS.
Regulators also have extensive powers which allow them to do all things necessary to perform
their functions. These powers include:
▪ Delegating powers or functions under the legislation to any person.
▪ Entering a workplace any time without prior notice to any person.
▪ Obtaining information.
▪ Appointing any appropriate persons as inspectors.
Further Reading
For more information about regulators and their functions, you can
visit their websites:
WorkSafe ACT
SafeWork NSW
NT WorkSafe
Workplace Health and Safety Queensland
SafeWork SA
WorkSafe Tasmania
WorkSafe Victoria
WorkSafe WA
Comcare website

III. Assist with Establishing WHS Legislative Compliance
WHS legislation addresses various areas of compliance for your workplace. These areas will
change depending on your business, industry, and jurisdiction.
Examples of particular requirements include:
▪ Informing the regulator of specific incidents and events that occur at your workplace.
▪ Consultation, communication, cooperation, and coordination of WHS information
across the business.
▪ Engaging in risk management.
▪ Provisions for adequate training fo.r safety.
▪ Emergency response planning
In addition, some of the underlying principles in the WHS bill are:
▪ Health and safety duties imposed on a person require them to:
o Eliminate risks to health and safety, so far as is reasonably practicable.
o If the above is not possible, to minimise those risks so far as is reasonably
practicable.
▪ The non-transferability of duties.
3.1 Assist With Assessing Workplace Compliance With Relevant WHS Laws
Comcare is a regulatory body established by the Safety, Rehabilitation and Compensation Act
1988. It exhibits measures to assess, direct, and enforce compliance.

Assessing compliance may be done via:
▪ Regular WHS audits – Refers to the review of the performance of safety management
system elements against performance standards.
▪ Checking record completion – The checking is conducted according to legislative and
industry requirements. This may include checking records for incident reports,
Measures included in directing compliance are compliance inspection, workplace relationship
resolution, compliance audit and authorisation, accreditation, and licensing decisions.
The organisation’s policies and procedures regarding health and safety need to be developed
to reflect the requirements for compliance with legislation. In addition to contributing to
health and safety procedures, you will also need to ensure that other workplace policies and
procedures and workplace codes of practice do not conflict with health and safety legislation
and are updated when required. You must also ensure all stakeholders are informed of any
changes.
It is important that you document the findings of your compliance assessment. This will
enable you to compare them with the findings of an assessment at a later date. Ideally, any
initial findings should not reappear in the later findings. If they do, that may mean that non-
compliance has not been addressed.

3.2 Assist With Reporting On Outcomes Of Compliance Assessment
Once you have concluded your analysis, you will need to present your findings. How you
present the information will depend on what the objectives of the research were and the
requirements of intended recipients of the information. You may be asked to present the
information as a formal presentation to a group of relevant personnel, or you may need to
produce a written report. Alternatively, it may be an informal presentation or email to the
person requesting the research.
Regardless of how you need to present the information, you will need to prepare your
conclusions, be able to justify how you arrived at those conclusions, and present any
graphical information that will support your presentation.
If you are required to present your findings through a formal presentation, you will need to
prepare what it is you are going to present. You will need to seek guidance on the
expectations of the presentation from the person setting the task and follow any
organisational requirements for presenting information.

3.3 Assist With Determining and Documenting Recommendations That
Address Identified Non-compliance
Record-keeping is a key component in managing WHS in any organisation. It ensures the
company can track any injury trends, has the necessary information at hand to maintain and
improve safety, and meet their legislative obligations. Many documents are required to be
kept under WHS legislation, and many of these have requirements to be kept for specific
timeframes. Some examples of these records include notifiable incidents, specific health
monitoring, and some specific training, e.g. for confined spaces. (If your State or Territory
has not upgraded to the uniform WHS legislation, please check with your regulator.)
These records need to be monitored and evaluated if they are to be used effectively. Using
redundant or irrelevant data can result in an ineffectual safety system that does not protect
workers from harm or protect the company from incurring breaches.
The legislation also sets out what records your organisation is required to maintain to
demonstrate compliance. You will need to refer to the legislation, in particular, the
regulations, to confirm that the correct records are kept and to determine how long these
records need to be kept.
To ensure that the correct records are maintained, they should be documented in policies
and procedures and explained during the staff safety induction. Regular reviews of the
records should also be conducted to ensure that they are maintained and compliant.
Ensuring correct maintenance and compliance can be achieved through:
▪ Regular audits
▪ Maintaining a document checklist
▪ Checking record completion
▪ Ensuring that the entire workplace understands the importance of document
management and that this is added to staff training updates, inductions,
management training, and company documents
▪ Record-keeping policies and procedures
Keeping records of the risk management process has the following benefits:
▪ Gives you the opportunity to demonstrate how decisions were made.
▪ Targets training for key hazards.
▪ Sets a basis for readying safe work procedures.
▪ Easily review risks following any changes to legislation or business activities.
▪ Demonstrates that work health and safety risks are being managed.
(Source: Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice 2015)

You should be mindful of any confidentiality issues related to certain records (e.g. incident
reports should not be readily available for all staff to access and only accessed on a need-to-
know basis) and ensure that they are stored appropriately. The storage requirements for all
records maintained should be documented in policies and procedures.
You should also monitor the record-keeping systems you have in place. This can be achieved
by conducting regular reviews of the records (audits), using checklists to ensure their
completeness, conducting staff surveys, and maintaining a document checklist.
3.3.1 Addressing non-compliance

As a result of the monitoring process, if non-compliance is identified, you should ensure
management is advised immediately and that the procedures outlined in legislation relevant
to your organisation are followed in a timely fashion.
Legislation will provide clear guidance on certain incidents that are deemed ‘notifiable
incidents’. These incidents, in particular, will need to be reported to the regulator. The
legislation will provide guidance on how this is to occur.

Each organisation will have its own specific procedures for addressing non-compliance;
however, these must comply with the requirements of legislation. Typically, the
recommended procedure should include the following steps:
1. Stop the work – This should be done, especially if the risk is deemed high. At this
stage, you must discuss with the person involved why you stopped the work. This
should give you an idea of whether or not the person was aware of their actions, and
of their level of knowledge and training of safety procedures.
2. Report the breach – Complete an Incident Report Form and record the hazards and
controls in the risk register.
3. Implement control measures – This is done to prevent the non-compliance from
occurring again.
4. Follow up the actions and monitor the controls – You should monitor the control
measures you’ve set in place to ensure that they have been implemented.
Monitoring also allows you to check that controls are effective and haven’t created a
new hazard. A good way of doing this would be through a safety committee. If there
is no committee at your workplace, then ensure you have a monitoring system in
place that will allow you to follow up actions.
3.4 Assist With Determining Related WHS Training Needs Of Work Team and
With Providing The WHS Training To Meet Legislative and Organisational
Requirements
As has been highlighted, a strong safety culture is integral in maintaining an effective health
and safety system. One area that contributes to promoting a strong safety culture is
maintaining a regular and up-to-date training system.
The training system can be maintained by conducting regular training needs analyses to
identify areas where there are gaps in safety skills and knowledge. You should also maintain
training records for all staff so that you can examine attendance at trainings and, therefore,
any requirement for further training sessions to be conducted.
Basic information that needs to be included in the training records are:
▪ The training topic
▪ Who attended
▪ The date and time of the training
▪ Who delivered the training
o Their qualifications
▪ Certificates and licenses handed out
Training should be triggered by the introduction of new equipment or procedures, the
identification of any new hazards or risks in the workplace, and by changes in legislation.

3.4.1 Internal training requirements
The training requirements within your organisation include:

▪ Providing workers with the information, instruction, training, or supervision needed
for them to work safely and without risks to their health.
▪ Arranging for the HSR to attend courses approved by the regulator.
o This must be done within three months after the request is made and the
PCBU must pay the course fees. The PCBU must also pay the HSR’s regular
wage/salary and pay for any other reasonable costs.
In any organisation, there will be certain training requirements different personnel need in
order to:
▪ Work safely within their role
▪ Work safely within their workplace
▪ Comply with organisational WHS policies and procedures
▪ Comply with legislative requirements

Training needs can be identified by undertaking a Training Needs Analysis (TNA). There are
three main steps in a TNA.
1. Identify training requirements for the organisation and/or roles.
2. Identify competencies held by personnel.
3. Identify gaps between the training requirements and competencies held.
Identifying training requirements

Training requirements are quite simply a list of all the appropriate training which personnel
need to undertake in order to meet the organisation’s WHS requirements.
Under the WHS Act, the PCBU has a duty to provide workers with information, instruction,
training, or supervision needed for them to work safely and without risks to their health.
As a safety officer, it is important for you to understand what training workers in your work
area will need for the PCBU to meet these obligations.
The exact WHS training requirements for an organisation varies based upon the nature of
the organisation, its industry, and the work which is done.
WHS training requirements within your organisation may include:
▪ General safety inductions
▪ Site-specific safety inductions
▪ Emergency procedure training
▪ First aid training
▪ HSR training
▪ Training required to become licensed to undertake certain prescribed work, such as:
o Asbestos removal work
o Demolition work
o Forklift operation
To effectively identify the training requirements for your work area, you must consider the
following:
▪ Any WHS training requirements prescribed under relevant WHS legislation
▪ Any WHS training requirements prescribed under other relevant legislation
o For example, the Queensland Child Care Act 2002 requires that each carer in
a home-based service has the first aid competency prescribed under the act.
▪ Any WHS training recommended under relevant codes of practice

▪ Any WHS training required under organisational policies and procedures
o For example, a workplace may have the following training requirements:
- A general safety induction to be completed when first hired by the
organisation.
- A site safety induction to be completed when first starting work at a
particular site/workplace.
- Training on how to safely operate plant and equipment relevant to the
role.
- Fire safety and emergency evacuation training to be completed
annually.
- First Aiders must hold a current first aid certificate.
Identify competencies held by personnel

Competency is defined as being able to consistently apply knowledge and skills according to
the standard of performance required in the workplace.
In other words, if the person has the appropriate knowledge and skill, and can apply that
knowledge and those skills effectively in the workplace as required, then they can be
considered to have that competency.
The competencies held by personnel can be determined by finding out what relevant WHS
training they have received, both on the job and elsewhere.
For example, Michelle is a worker who has received the following training in the workplace:
▪ A general safety induction, when she first joined the organisation.
▪ A site-specific safety induction for her specific workplace.
▪ Fire safety and emergency evacuation training 14 months ago.
▪ Training on how to safely operate specific pieces of plant and equipment used in her
role.
Michelle has also received the following relevant WHS-related training outside of the
workplace:
▪ First aid training which she undertook two years ago with an external training
organisation for which she received nationally recognised certification.

Identify gaps
Once you have an understanding of what training is required and what training personnel
has already received, you can now identify the gaps between them.
In other words, the training needs are any required training which personnel hasn’t already
completed.
Training Competencies Training

Requirements Held Needs
For example, comparing Michelle’s competencies with the training requirements for the
organisation shows us the following:
Training Requirements Michelle’s Training Gap
A general safety induction to be Michelle completed her general No gap

completed when first hired by the safety induction when she first
organisation joined the organisation.
A site safety induction to be Michelle completed her site- No gap

completed when first starting specific safety induction when she
work at a particular first started in that workplace.
site/workplace
Training on how to safely operate Michelle has been trained on how No gap
plant and equipment relevant to to safely operate specific pieces of
the role plant and equipment used in her
role.
Fire safety and emergency Michelle completed her fire safety Training need identified
evacuation training to be and emergency evacuation
completed annually training 14 months ago, however
as this training needs to be
completed annually Michelle must
undertake this training again.
First Aiders must hold a current Michelle holds a current first aid No gap, however, if Michelle
first aid certificate certificate from her training two wishes to continue as a first aider,
years ago. she will need to undertake this
training again when her certificate
expires

3.4.2 Organising training
In order to address any skills or knowledge gaps that you identify, you will need to organise
training. The type of training that you organise will depend on a number of factors such as
the number of staff requiring the training, resources required for the training, budget
allowed, and current level of knowledge and skill within the organisation.
You or another staff member may conduct in-house training yourself. In this case, you will
need to organise all of the required resources and develop the training program. This type
of training can be cost-effective, and it also allows for multiple sessions to be conducted,
which then allows for staggered staff downtime and less impact on business operations.
Alternatively, you may need to have an external trainer to visit the workplace to conduct the
training, or you may send staff to an external training provider. This may be the case when
nobody in-house has the level of expertise required to conduct the training. Ensure you
communicate to the provider what your training requirements are and ensure that the
training they deliver does meet your needs.
Another method of addressing training requirements is to have internal mentoring or
coaching within the workplace. Selecting who will serve as mentor/coach will depend on
your organisation’s procedures. You may have to fill the role yourself, or you may allocate
the task to colleagues of those requiring the training.
Coaching and mentoring can occur on the job and are particularly effective for consolidation
following an initial safety induction. Coaching is generally used when there is a specific goal,
and the coach provides guidance for the person to achieve that goal, while mentoring is a
more holistic approach where the mentor leads by example. Mentoring is generally used
more than coaching within the workplace, with staff working with colleagues in mentoring
roles.
3.4.3 Reporting to management
In order for management to manage their budgets effectively, they must have accurate
information about the costs associated with the training needs for their area.
As a safety officer, you must fully investigate all training options when planning how to meet
the training needs of the organisation. You must also develop cost-effective training
solutions.
When planning training solutions, you should consult with management to find out what the
available budget is for training and develop solutions that fall within that budget wherever
possible.

Factors which need to be reported to management and taken into account when planning
training include:
▪ The number of people who need to undertake the training.
▪ The financial cost of the training.The time cost of the training, i.e. the number of
hours the worker will be away from their regular duties to complete the training.
▪ When the training will be undertaken - it may be necessary to stagger the training so
that you don’t have all of your staff away on training at the same time.
▪ Other costs associated which the training may incur, such as:
o Equipment costs
o Licensing costs
o Transport costs
o Accommodation costs
Many organisations will have standard templates for writing reports such as this. You can
also look for templates online to assist you in writing a TNA report.

IV. Assist with Maintaining WHS Legislative Compliance
It is important to monitor workplace compliance to ensure that any changes to procedures
or the implementation of control measures have not resulted in non-compliance. You can
achieve this by scheduling regular reviews of documentation and work practices, reviewing
documents following any incidents, and using checklists for follow-up action on reported
health and safety issues.
To monitor any changes in compliance requirements, you should maintain a register for
updates to legislation, register for notifications from the relevant regulator, or review
updates at regular safety meetings.
Sources of compliance information you provide to interested parties, such as the WHS
Committee, must include policies and procedures and relevant legislation. These sources
and may also include information from industry bodies, WHS specialists, and regulators.
4.1 Assist With Developing or Modifying Workplace Policies, Procedures,

Processes and Systems That Support Compliance According to
Organisational Policies and Procedures and WHS Legislative Requirements
In order to achieve WHS compliance, it may be necessary to develop new policies,
procedures, processes, and systems for your organisation or to modify existing ones that
have been previously implemented. This development or modification may be triggered by
an assessment that identified areas of non-compliance or by changes in relevant WHS
legislation.
Each organisation will have its own processes for the development or modification of
workplace policies, procedures, processes, and systems. These processes may be found in:
▪ General organisational policies and procedures
▪ WHS-specific policies and procedures
You need to check if your organisation has any of these in place so you will be guided
properly in your development/modification. Also check if there are specifications requiring
regular review and updating of existing policies, procedures, processes, and systems.
Further Reading
For more information about regulators and their functions, you can
visit their websites:
WorkSafe Tasmania

4.2 Assist With Communicating Developed or Modified Workplace Policies,
Procedures, Processes and Systems
Communicating developed or modified workplace WHS policies, procedures, processes, and
systems is essential to ensure compliance. If members of your organisation have not been
made aware of the organisation’s WHS policies and procedures, they will not be able to
comply with them.
Examples of communication methods that you use include:
▪ Emails
▪ Notice board announcements
▪ Organisation’s intranet site
▪ Departmental presentations
Important information that must be in your communication include:

▪ The name of the developed/modified policies and procedures
▪ For modified policies and procedures, what sections have been
added/removed/edited
▪ Who will be affected
▪ Implementation schedule
▪ Who to contact for any additional questions or feedback
Your organisation may have policies and procedures in place for how to communicate
changes to processes and systems to your employees. Make sure to follow them.

4.3 Assist With Monitoring Implementation of Developed or Modified
Workplace Policies, Procedures, Processes and Systems To Ensure
Legislative Compliance
You can monitor the effectiveness of WHS in many ways, such as audits, surveys, analysing
WHS data, the consultation process, staff and management satisfaction, and the completion
of records. However, the most important is a reduction of incidents resulting in injury to
workers.
To ensure the effectiveness of risk management and its alignment with the organisation’s
goals, there are five important actions that should be constantly pursued:
Identify and utilise appropriate indicators (which are

periodically updated) that organisational risk management
is periodically measured against.
Consistently and periodically measure changes—whether it

is progress within or deviation from—the risk management
plan.
Consistently and periodically review the appropriateness

and applicability of the risk management framework, policy,
and plan as measured against the organisation’s ever-
changing external and internal context.
Report and give feedback on the most current information

behind risk, progress with the risk management plan, and
the strength of a risk management policy’s adoption.
Review and give feedback on the overall effectiveness of

the risk management framework.
Through continuous monitoring and review, future decisions on how to improve the risk
management framework, policy, and plan will be well-informed, and, in turn, should lead to
further advancement of organisation’s risk management culture.

References
Guide to the Work Health and Safety Act 2011 Queensland. (n.d.). Retrieved from WorkCover
Queensland:
https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0006/82545/guide-to-
work-health-and-safety-act-2011.pdf
Model WHS Laws. (n.d.). Retrieved from Safe Work Australia:

https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws
Summary of the model work health and safety bill. (n.d.). Retrieved from Safe Work
Australia:
https://www.safeworkaustralia.gov.au/system/files/documents/1702/summary_mo
del_work_health_safety_bill_may10.pdf
Work Health and Safety Act 2011 (ACT).
Work Health and Safety Act 2011 (Cth).
Work Health and Safety (OHS) acts, regulations and codes of practice. (2019, June 19).
Retrieved from Business: https://www.business.gov.au/risk-management/health-
and-safety/whs-oh-and-s-acts-regulations-and-codes-of-practice
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Assessor Guide Version 1.

0 Produced 12 June 2019

Version Control & Document History

Date Summary of Modifications Version

2 September 2019 Version 1.0 released for publishing 1.0

4 February 2020 Updated content relevant to codes of practice 1.1

13 October 2020 Pinnacle received their version 1.0

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Using this Learner Guide

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Management style can be a driving factor in the development of an organisation’s culture. If

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Figure 1 - The culture ladder (adapted from Hudson, 2003)

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Common Law Statutory Law

• Based on judge- • Based on a bill that

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Jurisdiction Legislation in force as of July 2019

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Duties of other persons at the workplace

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1.4 Assist With Seeking Advice From Legal Advisers As Required

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Internal sources External sources

• Obtained from an • Collected from other

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3.3.1 Addressing non-compliance

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The training requirements within your organisation include:

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Identifying training requirements

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Identify competencies held by personnel

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Training Competencies Training

A general safety induction to be Michelle completed her general No gap

A site safety induction to be Michelle completed her site- No gap

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4.1 Assist With Developing or Modifying Workplace Policies, Procedures,

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Important information that must be in your communication include: