Assessment Task 1 Questioning

BSBWHS12 Assist with workplace compliance with

WHS laws

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What is the name of your current jurisdiction, WHS Regulator, and what is their website
Q1
address?
-Current jurisdiction is Northern Territory
-NT Work Safe is WHS Regulator ☐S ☐US
- https://worksafe.nt.gov.au/

Name both parts of the WHS legislation that is used in your workplace as part of WHS
Q2 compliance?
(write the full titles and when they came into force).
-Work Health and Safety (National Uniform Legislation) Act 2011
☐S ☐US
-Work Health and Safety (National Uniform Legislation) Regulations 2011

The WHS Act is part of the legal framework for WHS. Explain what the purpose/objective is
Q3
of the WHS Act.
1.Protecting workers and other persons against harm to their ☐S ☐US
health, safety and welfare through the elimination or
minimisation of risks arising from work or from specified types
of substances or plant.
2.Providing for fair and effective workplace representation,
consultation, cooperation and issue resolution in relation to
Work health and safety.
3.Encouraging unions and employer organisations to take a
constructive role in promoting improvements in work health
and safety practices, and assisting persons conducting
Businesses or undertakings and workers to achieve a healthier.
4.Promoting the provision of advice, information, education and
Training in relation to work health and safety.
5.Securing compliance with this Act through effective and
Appropriate compliance and enforcement measures.
6.Ensuring appropriate scrutiny and review of actions taken by
persons exercising powers and performing functions under
WHS Act.
7.Providing a framework for continuous improvement and
Progressively higher standards of work health and safety.
8.Maintaining and strengthening the national harmonisation of
laws relating to work health and safety and to facilitate a
consistent national approach to work health and safety in the
Territory.

The WHS Regulations is part of the legal framework for WHS. Explain what the WHS
Q4
Regulations do.
-WHS Regulations provides sets of Law for hazard identification and elimination for
applicable workplace safety, and safety of all working personal, nearby community
and environment. ☐S ☐US

Codes of Practice are part of the legal framework for WHS. Explain the what the Codes of
Q5
Practice do and how they can be used.
-A code of practice is a practical guide on how to comply with the legal duties under
the Work Health and Safety (National Uniform Legislation) Act 2011 and
Regulations 2011 (the WHS Act and Regulations).
-Code of practice is always approved by applicable governmental jurisdiction and it is
admissible as evidence in court proceedings under the WHS Act and Regulations.
Courts may regard an approved code of practice as evidence of what is known about a
☐S ☐US
hazard, risk or control and may rely on the code in determining what is reasonably
practicable in the circumstances to which the code relates.
-Code of practise can be used as an evidence against identified risk and hazards.
-Code of practise helps to implement WHS practises.

Standards are part of the legal framework for WHS. Explain what standards are and how they
Q6
can be used.
Standards: - Standards are published documents setting out specifications and ☐S ☐US
procedures designed to ensure products, services and systems are safe, reliable and
consistently perform the way they are intended to. They establish a minimum set of
requirements which define quality and safety criteria.
Type of standards
1. International standards: - These are developed by ISO, IEC, and ITU for
countries to adopt for national use. Standards Australia embraces the development
and adoption of international standards.
2. Regional Standards: - These are prepared by a specific region, such as the
European Union’s EN standards.
3. National Standards: - These are developed either by a national standards body
(like Standards Australia) or other accredited bodies. Any standards developed under
the Australian Standard® name have been created in Australia or are adoptions of
international or other standards.
Example of some standards and their usage
1.AS/NZS 3000:2018, Electrical installations (Wiring rules)
-This Standard applies to electricity network operators and employees involved in
design, installation, maintenance and management. This Standard is also known as
the Australian / New Zealand Wiring Rules. All electric lines should comply with the
minimum clearance requirements set out in this Standard.
-These requirements are intended to protect persons, livestock, and property from
electric shock, fire and physical injury hazards that may arise from an electrical
installation that is used with reasonable care and with due regard to the intended
purpose of the electrical installation.

2.ISO 45001:2018, Occupational health and safety management system

-ISO 45001:2018 specifies requirements for an occupational health and safety
(OH&S) management system, and gives guidance for its use, to enable organizations
to provide safe and healthy workplaces by preventing work-related injury and ill
health, as well as by proactively improving its OH&S performance.
-ISO 45001:2018 is applicable to any organization that wishes to establish, implement
and maintain an OH&S management system to improve occupational health and
safety, eliminate hazards and minimize OH&S risks (including system deficiencies),
take advantage of OH&S opportunities, and address OH&S management system
nonconformities associated with its activities.

3.NFPA 110, Standards for emergency and standby power system

-This standard covers performance requirements for emergency and standby power
systems providing an alternate source of electrical power in buildings and facilities in
the event that the normal electrical power source fails. Systems include power
sources, transfer equipment, controls, supervisory equipment, and accessory
equipment needed to supply electrical power to the selected circuits .
4.AS/NZS 4801:2001
-This Standard specifies requirements for an occupational health and safety
management system (OHSMS), to enable an organization to formulate a policy and
objectives taking into account legislative requirements and information about hazards
or risks. It applies to those hazards or risks over which the organization may exert
control and over which it can be expected to have an influence. It does not state
specific OHS performance outcomes.

Guidance material are part of the legal framework for WHS. Explain what guidance material
Q7
there are, who issues them, and how they can be used.
- Guidance material means non-binding material developed by the Work safe Austrlia
Authority that helps to illustrate the meaning of a requirement or specification, and
that is used to support the interpretation of the work health and safety Law, the related
Regulations and Acceptable Means of Compliance.
-Safe work Australia issue guidance material.
-Example of guiding material
1.Covid-19 vaccination ☐S ☐US

2.High risk work licence

3.Transportation of dangerous goods
- The guidance material helps to provides practical advice for persons conducting a
business or undertaking on how to manage risks at the workplace. Guidance material
can be align with already implemented policy and practises.

Q8 Name three external people or bodies that you could seek legal WHS advice from.
1.Legal Advisor (lawyer)
2.Specialist consultants (WHS consultancy services) ☐S ☐US
3.Worker representative bodies

Q9 Explain the functions and powers of the WHS Regulator and how they are exercised.
☐S ☐US

Functions of WHS Regulator:-

-To advise and make recommendations to the Minister and report on the
operation and effectiveness of WHS Act.
-To monitor and enforce compliance with WHS Act.
-To provide advice and information on work health and safety to duty holders under
WHS Act and to the community.
-To collect, analyse and publish statistics relating to work health and safety.
-To foster a cooperative, consultative relationship between duty holders and the
persons to whom they owe duties and their representatives in relation to work
health and safety matters.
-To promote and support education and training on matters relating to work
health and safety.
-To engage in, promote and coordinate the sharing of information to
achieve the object of this Act, including the sharing of information with a
corresponding regulator.
-To conduct and defend proceedings under this Act before a court or tribunal.
-Any other function conferred on the regulator under this or any other Act.
Powers of WHS Regulator:- WHS regulator has power to attain information as per
power given by WHS ACT ,and according information they can take action such as,
-Revoking, suspending or cancelling authorisations
-Giving infringement notices
-Accepting enforceable undertakings
-Commencing prosecutions.
-Compliance and implementation of WHS regulation on work place.

Q1 Your local WHS Regulator has WHS Inspectors. Explain their functions and powers and
0 how they are exercised.
Functions of WHS regulator:-
-To provide information and advice about compliance with WHS Act;
-To assist in the resolution of:
1. Work health and safety issues at workplaces.
2. Issues related to access to a workplace by an assistant to a health and safety
representative.
3. Issues related to the exercise or purported exercise of a right of entry under Part 7. ☐S ☐US
-To review disputed provisional improvement notices.
-To require compliance with WHS Act through the issuing of notices.
-To investigate contraventions of WHS Act and assist in the prosecution of offences.
-If permitted under section 40(3) of the Coroners Act1993, to attend coronial inquests
in relation to work-related deaths and examine witnesses.
-To monitor compliance with WHS Act.

Q1 If your organisation fails to comply with WHS legislation, what are the consequences /
1 penalties of non-compliance?
If Organization fails to comply with WHS legislation, penalties are divided in three ☐S ☐US
categories.
1.Category One:-$600 000 or imprisonment for 5 years or both
-For body Corporation:- $3 000 000
2.Category Two:- $300 000
-For body Corporation:- $1 500 000

3.Category Three:- $100 000

-For body Corporation:- $500 000

Describe what is ‘reasonably practicable’ when it comes to eliminating or minimising risks

Q1
in
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the workplace.
-In simple words, There is always minimum amount of risk on workplace after
assessing risk and applying all the control measures, it is known as ‘residual risk’.
When the required cost and effort gets very high for the removal of minimum risk,
that situation known as reasonably practicable. There are some essential factors to be
consider for identifying reasonably practicable situation which are given below.
-The likelihood of the hazard or the risk concerned occurring.
-The degree of harm that might result from the hazard or the risk. ☐S ☐US
-What the person concerned knows, or ought reasonably to know, about the hazard or
risk, and about the ways of eliminating or minimising the risk.
-The availability and suitability of ways to eliminate or minimise the risk.
-After assessing the extent of the risk and the available ways of eliminating or
minimising the risk, the cost associated with available ways of eliminating or
minimising the risk, including whether the cost is grossly disproportionate to the risk.

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Result Attempt 2 ☐ Satisfactory ☐ Unsatisfactory

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