Unit of competency Outline
Date retreived
22/07/2026 9:33 PM AWST
22/07/2026 9:33 PM 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 OHS and other relevant laws
Assist with compliance with OHS and other relevant laws
Unit of competency
National Code
BSBOHS408A
BSBOHS408A
State Code
D0902
D0902
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
09/01/2013
Field of Education
091103 - Legal Studies
Original Release Date
09/01/2013
Nominal Hours
40
Description
This unit describes the performance outcomes required to apply an understanding of the legal and regulatory framework of OHS in order to provide advice regarding the OHS legislative responsibilities of an OHS practitioner, company director, manager, supervisor and employee.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Determine the legal framework of OHS in the workplace
- 1.1. Seek current legislation and related documentation relevant to OHS and the organisation's operations
- 1.2. Use knowledge of the relationship between OHS Acts, OHS regulations, codes of practice, associated standards and guidance material to determine legal requirements in the workplace
- 1.3. Identify and confirm responsibilities and requirements as specified in legislation
- 1.4. Clarify responsibilities and requirements and seek advice from legal advisors where necessary
2. Provide advice on OHS compliance
- 2.1. Provide advice to appropriate personnel about the specific legal responsibilities of employers including duty of care and how it is codified in relevant OHS legislation
- 2.2. Provide advice to appropriate personnel about administration of enforcement processes and instruments including penalties that apply to organisations prosecuted under relevant OHS legislation
- 2.3. Provide advice to appropriate personnel on how negligence is determined at statutory and common law
3. Comply with legal requirements
- 3.1. Take action is to ensure that the workplace, including systems of work and work organisation, is appraised against and complies with relevant legislation
- 3.2. Identify training needs of those with OHS responsibilities and provide training as required according to legal requirements
- 3.3. Identify requirements for other training under OHS legislation and arrange training as required
- 3.4. Recognise limits of own professional expertise and consult legal advisors as required
4. Report incidents of non compliance
- 4.1. Raise promptly with responsible persons possible breaches as required
- 4.2. Provide advice on arrangements for incident reporting to government authorities in accordance with relevant OHS legislation and organisational procedures
- 4.3. Raise in accordance with OHS procedures inadequacies which may contribute to non compliance in systematic approaches to managing OHS procedures and/or practices
5. Contribute to ongoing monitoring of compliance with OHS legislation
- 5.1. Monitor compliance with OHS legislative requirements
- 5.2. Resolve or refer compliance issues in accordance with OHS policies and procedures, and relevant OHS legislation
current Commonwealth and relevant state/territory OHS legislation, regulations, codes of practice, associated standards and guidance material
workers compensation
privacy legislation
contract law
trade practices
criminal law
common law
industrial relations law
equal employment opportunity and anti- discrimination law
Australian and international standards
employers
self-employed persons
persons in control of workplaces
contractors
designers, manufacturers, importers, suppliers of plant
erectors and installers of certain plant
manufacturers, importers and suppliers of substances
employees
OHS committees
OHS representatives
legal practitioners, either internal or external
government OHS inspectors
employers
company directors
managers
supervisors
employees
OHS representatives and committees
contractors
prohibition notices
improvement notices
on-the-spot fines
provisional improvement notices
company director
manager
supervisors
OHS representatives
OHS advisor
manager
supervisor
other appropriate person(s) delegated authority to act or apply rectification controls within the organisation
workers compensation
privacy legislation
contract law
trade practices
criminal law
common law
industrial relations law
equal employment opportunity and anti- discrimination law
Australian and international standards
employers
self-employed persons
persons in control of workplaces
contractors
designers, manufacturers, importers, suppliers of plant
erectors and installers of certain plant
manufacturers, importers and suppliers of substances
employees
OHS committees
OHS representatives
legal practitioners, either internal or external
government OHS inspectors
employers
company directors
managers
supervisors
employees
OHS representatives and committees
contractors
prohibition notices
improvement notices
on-the-spot fines
provisional improvement notices
company director
manager
supervisors
OHS representatives
OHS advisor
manager
supervisor
other appropriate person(s) delegated authority to act or apply rectification controls within the organisation
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
evidence of the application of advice regarding the legal and regulatory framework of OHS and other relevant legislation, either in an actual workplace, simulation exercise or scenario
products developed for provision of advice on OHS legal compliance issues
evidence of how these products were developed and used either in an actual workplace, simulation exercise or scenario.
Context of and specific resources for assessment
Assessment must ensure:
access to relevant legislation, codes of practice, standards and guidance material
access to other appropriate workplace documentation
reports from other parties consulted in ensuring OHS 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 techniques used to assist with compliance of OHS in the workplace
oral or written questioning to assess knowledge of: how advice was provided in the workplace, interpreting and applying legislation, reporting requirements required by legislation, systematic approaches to OHS
review of OHS action plans, documented OHS training needs and documents recording processes undertaken to ensure OHS compliance
simulated project based activity, scenarios, case studies, role plays or actual activities associated with a systems approach to managing OHS
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBOHS401B Contribute to implementation of a systematic approach to managing OHS
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
evidence of the application of advice regarding the legal and regulatory framework of OHS and other relevant legislation, either in an actual workplace, simulation exercise or scenario
products developed for provision of advice on OHS legal compliance issues
evidence of how these products were developed and used either in an actual workplace, simulation exercise or scenario.
Context of and specific resources for assessment
Assessment must ensure:
access to relevant legislation, codes of practice, standards and guidance material
access to other appropriate workplace documentation
reports from other parties consulted in ensuring OHS 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 techniques used to assist with compliance of OHS in the workplace
oral or written questioning to assess knowledge of: how advice was provided in the workplace, interpreting and applying legislation, reporting requirements required by legislation, systematic approaches to OHS
review of OHS action plans, documented OHS training needs and documents recording processes undertaken to ensure OHS compliance
simulated project based activity, scenarios, case studies, role plays or actual activities associated with a systems approach to managing OHS
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBOHS401B Contribute to implementation of a systematic approach to managing OHS
Replaces
| State Code | National Code | Title | Type |
|---|---|---|---|
| C7834 | BSBCMN421A | Assist with compliance with OHS and other relevant laws | Unit of competency |
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| WE724 | BSBWHS402A | Assist with compliance with WHS laws | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| 7180 | 52556WA | Certificate IV in Biofouling Inspection | Accredited course |
| D157 | BSB41407 | Certificate IV in Occupational Health and Safety | Qualification |