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University Occupational Health and Safety Act (OHSA)
Subject BSBWHS413 Contribute to Implementation and Maintenance of WHS Consultation and Participation Processes

BSBWHS413 Assessment Brief

Section 1 – Theory Questions
Section 2 – Project / Practical
Section 3 – Summary Sheet

Assessment Requirements

The assessment activities in this Assessment Task Portfolio assess all the elements, performance criteria, skills, and knowledge of the unit of competency BSBWHS413 Contribute to implementation and maintenance of WHS consultation and participation processes.

To demonstrate competency in this unit, you must undertake all tasks in this Assessment Task Portfolio and complete them satisfactorily, as well as successfully complete your work placement. If you do not answer some questions or perform some tasks, you will be deemed ‘Not Competent’, and your trainer/assessor may ask you supplementary questions to determine your competence. In addition to completing all tasks satisfactorily, you will also be required to demonstrate satisfactory communication skills during some practical activities. Once you have demonstrated successful completion and consistency in performance, you will be awarded this unit.

Should you still be deemed Not Yet Competent, you will have the opportunity to undertake a supplementary assessment or appeal the result.

As part of the assessment process, all students must abide by any relevant assessment policies as provided during induction.

If you feel you are not yet ready to be assessed, that this assessment is unfair, or you require Reasonable Adjustment of the tasks, please contact your assessor to discuss your options.

Certificate IV in Workplace Health and Safety BSB41419
Email: certivwhs@ohsa.com.au or info@ohsa.com.au
Phone: 1300 647 200

Candidate Information

Student’s Name:
Date of Course:

Section 1 – Theory Questions

Instructions to the Student

Please read all the information given to you before you start any assessment task. If you do not understand some or all of the questions, please ask your trainer/assessor for assistance. If you are uncomfortable with any of these questions, please contact your assessor, who will make alternative arrangements. Attempt to answer ALL questions in your own words on the assessment paper provided. The questions are designed to assess your understanding of the unit as well as your underpinning knowledge.

To satisfactorily complete this assessment task, you are required to complete the whole assessment. To do this, you will need to answer all questions correctly and demonstrate you have achieved the required knowledge to industry standards. This assessment is intended to be equitable, fair and flexible. If you feel that we should change any aspect of this assessment to be fair, equitable or flexible, immediately contact your assessor, who will attempt to make alternative arrangements.

Please Note:

  1. This assessment may be reassessed. If you need more than two attempts, the RTO may charge a reassessment fee and recommend additional training.
  2. Upon notification of your assessment results, your trainer/assessor can provide you with additional information on interpreting the assessment outcomes and guide you on your future options.

Formative Assessment

Question 1

Consultation on WHS matters is required when? Tick/mark all that apply.

  1. Identifying hazards and assessing risks arising from work being carried out or to be carried out.
  2. Making decisions about ways to eliminate or minimise the risks.
  3. Making decisions about the adequacy of facilities for the welfare of workers.
  4. Proposing changes that may affect the health or safety of workers.
  5. All the above.

Question 2

Briefly describe at least 3 processes relating to consultation that should be captured in policy and procedure document(s).

Question 3

Select the most accurate function/s of the Health and Safety Committee (HSC). Mark all that apply.

  1. Facilitate cooperation between the business and workers in instigating, developing and carrying out measures designed to ensure the health and safety of workers at work
  2. Assist the business to develop standards, rules and procedures relating to WHS
  3. Undertake other functions as agreed between the business and the HSC
  4. Issue PINs on behalf of the PCBU

Question 4

How often are health and safety committees (HSCs) required to meet according to the WHS Act 2011?

Question 5

What is the role of the regulator in resolving disputes between workers and employers related to consultation and participation processes? Your answer should be approximately 50 words.

Question 6

Health and Safety Representatives (HSR) must act in ‘good faith’ when performing their duties.

a) What does act in “good faith” mean? Your answer should be approximately 30 words long
b) What are the potential consequences if an HSR is found to have not acted in good faith? Your answer should be approximately 30 words long

What does act in “good faith” mean? Your answer should be approximately 30 words long
What are the potential consequences if an HSR is found to have not acted in good faith? Your answer should be approximately 30 words long

Question 7

Explain the concept of a just culture. Your answer should be approximately 50 words long.

Question 8

Describe the following ‘groups’ in relation to consultation and participation. Each answer should be approximately 20 words.

Health and Safety Representatives (HSRs)

Entry permit holders

Inspectors

Question 9

Who else may have a role in consultation and participation processes or should be considered when establishing WHS consultation processes? List three (3) other than the ones outlined in Q8 above.

Question 10

List three (3) WHS technical advisors and three (3) WHS specialists who may assist in providing information

Technical Advisors WHS Specialists
1. 1.
2. 2.
3. 3.

Question 11

What part of the WHS Act 2011 and what Chapter of the WHS Regulation 2011 address Consultation and Representation?

WHS Act Part?
WHS Reg Chapter?

Question 12

List four (4) ways an HSR may represent their workers

Question 13

How might the WHS practitioner communicate WHS requirements to duty holders? List three (3) ways.

Question 14

List five (5) common WHS consultation and participation processes.

E.g. Health and Safety Committees
1-
2-
3-
4-
5-

Question 15

How would you (WHS practitioner) ensure that effective consultation occurs within the workplace and
is effective?

Question 16

How could the WHS practitioner facilitate the consultative process?

Question 17

List five (5) HSR powers and functions and state the Legislative reference.

Question 18

List five (5) requirements or duties a PCBU has towards HSRs to allow them to fulfil their functions.

Question 19

What are the provisions regarding the initial training and refresher training provided for HSRs? Include the legislative reference.

Question 20

List three (3) external sources of information and data that could be accessed and procedures for accessing them.

Question 21

List three (3) internal sources of information and data that relate to WHS and procedures for accessing them.

Internal sources of information Procedure or process to access them
1- 1-
2- 2-
3- 3-

Question 22

How might you communicate and share WHS information in an organisation? List five (5) ways.

1-
2-
3-
4-
5-

Question 23

How might the WHS practitioner assist the management team in contributing to and participating in consultation and participation processes?

Question 24.

List and explain three (3) workforce factors that could limit effective consultation and participation processes. Relate it to your current workplace if possible.

Question 25.

List and explain two (2) organisational factors that could limit effective consultation and participation processes. Relate it to your current workplace if possible.

Question 26.

In a short paragraph, describe how or provide examples to demonstrate how components of the hierarchy of control measures can assist with implementing and maintaining WHS consultation and participation processes.

Question 27.

What methods could the WHS practitioner use to gather feedback from individuals and parties?

Question 28.

Describe how, when and why policies and procedures relating to consultation and participation should be reviewed and updated. Each part of your response should be approximately 20 words long.

A: How?
B: When?
C: Why?

*** END OF SECTION 1 – WRITTEN ASSESSMENT ***

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Please also turn over the page and provide feedback on this assessment to the Assessor and the RTO.

Student comments – Specify any improvement you could recommend relating to this assessment.

Assessors’ comments about the assessment (include any details of reasonable adjustment or other consideration)

Section 2-Project

General Instructions:

The summative project assessments are designed to see a practical demonstration of key competencies as per the mandated unit of competency. The project tasks for this unit consist of three activities, all must be completed satisfactorily.

The activities are based on our course case study organisation, Seedies Furniture. An outline of the organisation is provided on the following page; however, in summary, it could be said that the organisation has been a cowboy operator since starting and now, as a result of a number of inspections and injuries, it has a new Safety Advisor (That is you, congratulations).

Seedies Furniture Case Study:

Background:

  • You are employed as a safety advisor at a medium-sized furniture distribution warehouse with 50 staff located close to a major city in Australia.
  • Furniture is delivered to major furniture brands such as Harvey Norman, Freedom, Domain, Myer, David Jones, etc. The warehouse used to be an old automotive workshop and panel-beating business.
  • The furniture can be quite large, heavy, and awkward. Some sofas can weigh in excess of 50kg with sofa beds approaching 150kg.
  • The warehouse operates Monday to Friday with fixed 8-hour morning and afternoon shifts.
  • There are 30 casual warehouse workers, 15 various full and part-time administration, security and supervision staff and 5 management staff.
  • There are 3 fork trucks, 3 reach stackers greater than 3t, 3 order-picking forklift trucks and one 14m boom-type elevating work platform used throughout the workplace.
  • There have been a number of lost time injuries over the past 12 months, with one looking like it might proceed to a Common Law claim.
  • The injuries have been mostly due to manual handling of large items of furniture from off the wooden pallets and then onto small hand carts.
  • There have also been some minor cuts from sharp edges and a few slips and trips. Most injuries have been to the lower back whilst lifting in flexed and twisted spinal postures.
  • These injuries are partly due to the rack above being quite low, pickers needing to bend and crouch to remove the large lounges, and the lounge feet getting caught in the wooden pallets.
  • One injury occurred when a worker fell 1.8m whilst he was standing on the top plate of a step ladder lifting a small bedside table from the second rack and was admitted to hospital for 10 days with a fractured hip. He is considering going to the common law for this injury.
  • The fork trucks use LPG, and there is an outside LPG storage area with up to 400L of LPG that isn’t designed very well, and gas bottles aren’t secured at all times.
  • There is also an underground petrol storage tank with up to 3000L of petrol, which is leased by an adjoining mechanic workshop as a fuel storage area.
  • There is a 2.5m deep pit with a false floor that used to be used by the mechanics when working under the cars. It is now covered with a false floor, but sometimes workers have to access it via a small hatch and rung-type ladder to clean out rotting debris that accumulates in there.
  • There are two loading docks where medium rigid trucks receive and deliver the goods. The trucks are owner-driver contractors, and some occasionally use the fork trucks.
  • The warehouse pickers are employed through a labour-hire company. Some of the workers are from a non-English speaking background.
  • There is no Health and Safety Committee or any Health and Safety Representatives.
  • There is a small maintenance workshop for a handyman to repair damaged furniture. It has power tools, welding and cutting equipment and a small spray-painting area.
  • One of the cabinets was found to contain 20L of paint, 20L of All-Purpose Paint thinner, 1 small C-size cylinder containing acetylene, 10L of mineral turpentine, 10L of hydrochloric acid, 5 tubes of sika-flex Pro and some small cans totalling 1L of methyl ethyl ketone peroxide (MEKP). This was located 1.5m away from an occasionally open container of diesel.
  • There are also some chemicals stored in this workshop, although there is no chemical register or Safety Data Sheets.
  • None of the electrical equipment has any electrical test tags, and there are no fire extinguishers in the maintenance workshop.
  • The workshop has an extraction ventilation system that is used for occasional welding or spray-painting jobs. The outlet vent is 5m away from the split system air conditioning system air intake that supplies the office administration building.
  • There is no qualified first aider in the workplace.
  • There has been a couple of near misses with truck drivers and fork trucks as the toilets are at the back of the warehouse in the staff crib room.
  • Some of the admin staff intermittently complain of sore eyes and irritated airways.
  • A cleaning contractor comes in after hours to clean the office/administration areas. Sometimes, there are pools of water still left on the floors after cleaning.
  • Security is provided by a contract security company.

Project outline

Activity 1: Create and present a toolbox/presentation (meeting) regarding consultation requirements.
Activity 2: Develop a memo to the PCBU
Activity 3: Meeting AGENDA: Seedies Furniture – Further consultation improvements

Project Activity 1: TOOLBOX/PRESENTATION AGENDA: Seedies Furniture – Consultation and Participation

Instructions to Students:

Read the instructions below in full before starting the exercise

  • Review the Toolbox/Presentation agenda provided
  • Based on the case study scenario above, you are to set up a consultative mechanism to support the requirements under the legislation, making reference to the current/established (or lack thereof) consultation processes in the workplace.
  • Identify roles, duties, rights and responsibilities as they apply to your own job role and work area (i.e., Safety advisor for Seedies furniture) and run a presentation on consultation/participation requirements for the business based on the case study.
  • There must be at least two others involved in the presentation
  • Work through the agenda and respond to comments and questions accordingly.

Project Activity 1: TOOLBOX/PRESENTATION AGENDA: Seedies Furniture – Consultation and Participation

1.
2.
3.
4.
5.
6.
7. Feedback opportunities – how to ensure the attendees understand:
8. Next Meeting will be held on (insert Date):
ATTENDEES: (Write other people’s names/positions below, creative license is ok)
Name Position Signature
Other notes – e.g., Continual improvement. Are there identified barriers to the implementation and effectiveness of this approach to the consultation? What measures could be implemented to remove those barriers?
Storage: What storage process would you recommend for this type of document? Please discuss this in a small paragraph.

Project:Activity 2

During recent discussions with the PCBU during a Toolbox Talk, the PCBU made it clear they were not interested in using HSRs. The main reason identified is that the PCBU is a bit worried about the HSR having the ability to ‘prosecute’ them with this thing called a Provisional Improvement Notice and issue a ‘Cease Work’ Notice.

In order to ensure compliance, in addition to the toolbox talks, you are recommending that Seedies use HSRs to ensure full consultation across the business. Feedback gained through the toolbox talks included;

  • Workers are scared to bring up safety concerns, and that using HSRs and an HSC would make this easier for them.
  • Workers are concerned that their feedback won’t be taken on board.

Please complete the following email to the PCBU using the yellow-highlighted text to prompt your response. The above two points should be referred to where appropriate below.

EMAIL: To: PCBU.WHS@Seedies.com.seed CC: Officer.WHS@Seedies.com.seed

Dear PCBU

Thank you for your recent attendance at the first toolbox talk. The following is to reiterate a response in regard to the lack of consultation in the workplace and to help clarify the requirements in regard to consultation, particularly around HSRs and WHS committees.

To allow more robust feedback and consultation with all workers, I would recommend the implementation of a health and safety representative process in Seedies. The benefit to Seedies in using HSRs as a mechanism for consultation is broad, including: Outline below what benefits the use of HSRs could bring to Seedies (e.g. opportunities for feedback, increased morale, improved safety culture?)

To respond to your fear of the HSR being able to prosecute and stop people working whenever they want, please be assured that this is not the case.

Explain in at least two paragraphs.

A reminder of consultation requirements and that the PCBU can’t transfer duties, what a PIN and Cease Work Directive are, who issues them or directs them, when they can be issued or directed and to whom they are issued/directed?

Based on Seedies’ staffing arrangements, I would recommend the following potential number of HSRs per workgroup based on consultation. Please list each workgroup that could be organised within Seedies and the number of HSRs that would be recommended for that workgroup.

Workgroup: Number of HSRs

As per legislation, HSRs are to complete the following training. Please provide one or two sentences clearly outlining the initial and refresher training required for HSRs.

To support the HSRs and to ensure a transparent method of gathering and documenting feedback from the workers, I would also recommend that a WHS Committee be established. Please outline how the committee could be compromised (i.e. size, areas to be represented) and how often it should meet as per legislation.

The process to establish HSRs in the business requires Seedies to: In dot point form, please list the steps to implementing HSRs within the organisation, including the election process and training of HSRs in your response.

While this process is occurring, it is essential the toolbox talks are held as well as using posters in key locations outlining WHS issues and seeking a response from workers.

As per best practice, continual improvement, a full review will be undertaken six (6) months to ensure ongoing opportunities for improvements are identified as soon as practicable.

Please insert any additional information you think should be conveyed to the PCBU regarding the above, including other consultative mechanisms to share WHS information and data in the workplace while setting up the HSRs in the workplace.

Finally, Seedies must ensure it has a secure and robust method to ensure the recording and storage of WHS information and data.

Please document a method for storing WHS information and data, including where it will be stored and any naming conventions for the documents/s.

Kind Regards,
Your Name: WHS Advisor
Seedies Furniture
PH: 1300 SEEDIE

Project Activity 3: Meeting AGENDA: Seedies Furniture – Further consultation improvements

Following on from Activity 2, the PCBU has implemented most of the recommendations; however, there are a few gaps.

During your audit, you identified the following gaps:

  • A small health and safety committee has been established that has not met since being set up, with no meeting planned.
  • Two HSRs have said something similar to “I missed a team meeting due to other tasks, and apparently, I was voted in as the HSR without even nominating.”

You are to hold another meeting with the management team to clarify the nomination/voting process for HSRs and to plan a schedule of HSC meetings.

MEETING TOPIC: Consultation and Participation Review
Date: PRESENTER:
Presenter’s Signature:
Please list the Duty holders in regard to consultation for Seedies:
OUTLINE OF KEY POINTS TO DISCUSS from your audit – see notes in the activity 3 outline
1.
2.
3.
4.
5.
6.
7. Feedback opportunities – How will you ensure the audience understands or if they have questions:
8. Next Meeting will be held on (insert Date if another meeting is planned):
ATTENDEES: (Write other people’s names/positions below, creative licence is ok)
Name Position Signature

Marking Criteria – Part A

Did the Student? Completed Comments
Effectively apply knowledge of WHS laws in regard to consultation and participation via the toolbox talk and email to the PCBU Y □
Identify individuals with roles, duties, responsibilities and rights regarding consultation and participation according to the WHS policy/procedure and articulate via the toolbox talk and email to the PCBU Y □
Identify their own role in providing advice to the PCBU via toolbox talks and email regarding consultation and participation Y □
Communicate roles, duties, rights and responsibilities to individuals via the toolbox talk and email to the PCBU Y □

Marking Criteria – Part B

Did the Student? Completed Comments
Identify established organisation WHS consultation and participation mechanisms for the organisation and discussed those during the toolbox talk Y □
Identify required personnel for the business to participate in WHS consultation and documented in the toolbox talk email to the PCBU Y □
Contribute to setting up the toolbox talk and provided advice to the PCBU about establishing HSRs in the workplace Y □
Created opportunities for feedback in the toolbox talk Y □
Documented the toolbox talk agenda and included all relevant information Y □
Promote and support the participation of individuals in the consultation via the toolbox talk and via gaining support for further participation in the email to the PCBU Y □

Marking Criteria – Part C

Did the Student? Completed Comments
Identify processes for participation, consultation and sharing of WHS information and data via toolbox talks, using HSRs and HSCs as outlined in the email to the PCBU Y □
Identify training requirements for HSRs within the email to the PCBU. (Note, This is also covered in BSBWHS412 for the presentation outline) Y □
Contribute to and share WHS information and data via the toolbox talk as appropriate for the WHS Advisor role within Seedies Y □
Create and document a suitable process for storing and accessing information and data on consultation outlined in the email to the PCBU Y □
Record the toolbox on the approved form and ensure appropriate safe storage by submitting to the manager (trainer and assessor) Y □

Marking Criteria – Part D

Did the Student? Completed Comments
Identify HSR/HSC being appropriate methods for gathering and documenting feedback on processes from workers and document within the email to the PCBU Y □
Contribute to assessing opportunities for individuals to express views via the HSC and outline the opportunity to the PCBU via email Y □
Documented outcomes from the assessment of feedback gained from the toolbox talk to the PCBU via email Y □

Marking Criteria – Part E

Did the Student? Completed Comments
Use the toolbox talk as an opportunity to contribute to identifying and assessing barriers to and opportunities for improving the implementation and effectiveness of WHS consultation and participation process Y □
Assist in developing, implementing, and evaluating the toolbox talk (and any other measures needed for consultation effectiveness) and document the feedback to the PCBU (via email) regarding barriers to the consultation including highlighting how HSR/HSC can assist in removing barriers of fear Y □
Communicate improvements to the PCBU via email as requested Y □

Student comments – Specify any improvement you could recommend relating to this assessment.

Assessor comments about the assessment (include any details of reasonable adjustment or other consideration)

Competency Summary Record Sheet

Student’s Name:
Date of Assessment:
Assessment Satisfactory YES Satisfactory NO Date
1. Theory Questions
2. Practical tasks presentations
Name / Signature of assessor who observed and assessed the presentations
Name: Signature:
3. Practical Tasks Assignment

Assessors’ Comments: Provide assessment feedback, including any items requiring reassessment.

A competent result cannot be granted until all assessment tasks have been completed satisfactorily.

Assessor’s Name: Signature: Date:

Do not sign this section until after the assessment has been marked and you are satisfied with the result.

By signing, you are declaring that this is your own work and is not plagiarised.

Student’s Name:
Student’s Signature:

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