Unit of competency Outline

Date retreived
23/07/2026 12:17 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Assist with compliance with WHS laws

Assist with compliance with WHS laws

Unit of competency
National Code
BSBWHS402A
State Code
WE724
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
18/12/2012
State Implementation and Classification
Approved Date
26/02/2013
Field of Education
061301 - Occupational Health And Safety
Original Release Date
26/02/2013
Nominal Hours
40
Description
This unit describes the performance outcomes, skills and knowledge required to assist with providing advice about the legislative duties, rights and obligations of individuals and parties prescribed in work health and safety (WHS) laws.It includes identification of WHS legislation, duties, rights and obligations and the necessary actions to ensure compliance in the workplace.
Notes
Elements and Performance Criteria
1. Assist with determining the legal framework for WHS in the workplace
  • 1.1 Access current WHS legislation and related documentation relevant to the organisation’s operations
  • 1.2 Use knowledge of the relationship between WHS Acts, regulations, codes of practice, standards and guidance material to assist with determining legal requirements in the workplace
  • 1.3 Assist with identifying and confirming the duties, rights and obligations of individuals and parties as specified in legislation
  • 1.4 Assist with seeking advice from legal advisors where necessary
2. Assist with providing advice on WHS compliance
  • 2.1 Assist with providing advice to individuals and parties about their legal duties, rights and obligations, and where they are located in WHS legislation
  • 2.2 Assist with providing advice to individuals and parties about the functions and powers of the WHS regulator and how they are exercised, and the objectives and principles underpinning WHS
3. Assist with WHS legislation compliance measures
  • 3.1 Assist with assessing how the workplace complies with relevant WHS legislation
  • 3.2 Assist with determining the WHS training needs of individuals and parties, and with providing training to meet legal and other requirements
  • 3.3 Assist with developing and implementing changes to workplace policies, procedures, processes and systems that will achieve compliance
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Current WHS legislation and related documentation will include:
current applicable commonwealth and state or territory WHS Acts, regulations and codes of practice
organisational WHS policies, procedures, processes and systems
other documents, such as standards, guidance publications and alerts issued by the relevant WHS regulator.
Individuals and parties may include:
contractors and subcontractors
customers
duty holders as specified in WHS Acts:
PCBUs or their officers
workers
other persons at a workplace
suppliers
health and safety committees
health and safety representatives
unions
WHS entry permit holders
WHS inspectors
WHS regulators.
The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:

assisting with providing advice about the WHS legal and regulatory framework and other relevant legislation, either in an actual workplace, simulation exercise or scenario
assisting with the seeking of advice from appropriate sources
assisting with developing a range of products to provide advice on WHS legal compliance issues, such as a training needs analysis, talks, briefings, training sessions, guidance and advice, and paper or electronic materials
evidence of how these products were developed and used.
Context of and specific resources for assessment
Assessment must ensure access to:

relevant Acts, regulations, codes of practice, standards and guidance material
other appropriate workplace documentation
reports from individuals and parties consulted in ensuring WHS compliance.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
demonstration of activities used to assist with WHS legislative compliance
oral or written questioning to assess knowledge of how advice was provided in the workplace, interpreting and applying legislation, and reporting requirements of legislation
review of WHS action plans, documented WHS training needs and documents, and recording processes undertaken to ensure WHS compliance
simulated project-based activities, scenarios, case studies, role plays or actual activities associated with a systems approach to managing WHS.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

BSBWHS403A Contribute to implementing and maintaining WHS consultation and participation processes
BSBWHS404A Contribute to WHS hazard identification, risk assessment and risk control
BSBWHS405A Contribute to implementing and maintaining WHS management systems
BSBWHS406A Assist with responding to incidents.
Replaces
State Code National Code Title Type
D0902 BSBOHS408A Assist with compliance with OHS and other relevant laws Unit of competency
Replaced By
State Code National Code Title Type
AUI25 BSBWHS402 Assist with compliance with WHS laws Unit of competency
State Code National Code Title Type
J346 BSB41412 Certificate IV in Work Health and Safety Qualification