BSBWHS418 Assist with managing WHS compliance of contractors - Assessment Resource Summary

This unit describes the skills and knowledge required to assist with managing the work health and safety (WHS) implications of using contractors. It involves identifying contractor duties, establishing organisational WHS compliance requirements associated with those duties, establishing and communicating the requirements expected of contractors, monitoring contractor compliance with WHS requirements, and implementing required responses to identified non-compliance.

STUDENT COPY
Assessme
nt
Resource
Summary
Unit Details BSBWHS418 – Assist with
managing WHS compliance of
contractors
Assessment
Type
This is a summative assessment,
which requires each student to
have adequate practice prior to
undertaking this assessment.
Written Assessment (J) Assessment 1
(Written Test)
Assessment
Methods
Project (C) Assessment 2
(Development of contractor
guidelines and checklists.)
Observation (H)
Completed:  Yes
Trainer/Assessor Name:
Assessment 3
(PowerPoint presentation to
Assessor and class.)

Trainer/Assessor Signature:
Last Modification Date July 2021

Unit Summary
This unit describes the skills and knowledge required to assist with managing the work health and safety (WHS)
implications of using contractors. It involves identifying contractor duties, establishing organisational WHS
compliance requirements associated with those duties, establishing and communicating the requirements
expected of contractors, monitoring contractor compliance with WHS requirements, and implementing required
responses to identified non-compliance.
The unit applies to those who work in a broad range of WHS roles across all industries in organisations that use
contractors to supply services, including labour hire and temporary workers, cleaning, catering, security,
maintenance, repairs, installations and alterations, and major contracts and projects, as relevant to the
organisation. This includes casual and volunteer workers. It does not cover visitors, or outworkers or suppliers of
goods, materials or products to workplaces.
NOTES
1. The terms ‘occupational health and safety’ (OHS) and ‘work health and safety’ (WHS) are equivalent, and
generally either can be used in the workplace. In jurisdictions where model WHS laws have not been
implemented, registered training organisations (RTOs) are advised to contextualise this unit of competency by
referring to existing WHS legislative requirements.
2. The model WHS laws include the model WHS Act, model WHS Regulations and model WHS Codes of
Practice. See Safe Work Australia for further information.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Prerequisite Units
There are no recommended pre-requisite units for this competency.
Co-requisite Units
There are no recommended co-requisite units for this competency.
Resources
Resources: Student Learner Guide, PowerPoint presentation, Rhodes College OHS Policies & Procedures
Practice Manual, Office equipment and resources, computer facilities with
internet, including the “Student Resource Folder”, accessible for every student via Rhodes College
intranet.
WHS Acts, legislations, regulations and codes of practice and guidance material and regulator issued safety
alerts relevant to this Unit available from:
https://www.worksafe.vic.gov.au/
https://www.safeworkaustralia.gov.au/
http://www.austlii.edu.au/ http://www.comcare.gov.au/

ASSESSMENT 1 – WRITTEN ASSESSMENT
Student Name:
Student ID No:
Student Instructions:
11 Your answers should be on a separate document using word processing software such as MS
Word & or other software (handwritten submissions are only acceptable with prior approval from
your Trainer). Do NOT use the ARS as a submission template.
Your document should be professionally formatted and include:
a. Your Name
b. Your Student ID
c. Unit Code
d. Assessment Number (i.e. BSBWHS418 Assessment 1)11 Please reference to each question number and retype each question with your answers.11 You must answer every question and provide enough information to demonstrate sufficient
understanding of what has been asked to achieve competency. Please ask your Trainer/Assessor if you
are unsure what is sufficient detail for an answer.11 Ask your trainer/assessor if you do not understand a question. Whist your trainer/assessor cannot
tell you the answer, he/she may be able to re-word the question for you or provide further assistance
based on the Institute’s “Reasonable Adjustment Policy”.11 Answers should be your own work, in your own words and not plagiarised, nor copied.
However, if an answer is cut & pasted (such as a definition), then the source should be referenced.
Questions
1
The OH&S Act of 2004 has five distinct sections relating to workplace accountability and
responsibility.
a) Name the specific section of the Act that relates to contractor and sub-contractor workplace safety
responsibility.
Ans: There are five sections that are provided in the OHS such as OHS culture, governance, OHS
management systems, OHSMS performance management, personnel management
The duty of employer under the section 21 that relate with the sub contractor and contractor for workplace
safety responsibility. It helps in provide safe work environments and without risk too health.
b) In your own words explain what is deemed an indictable offence under Australian law? (100-
150 words)
Ans: Indicate of fences is referred as the offence where the accused has the right to have the concern heard
before any judgment and jury in the court. It includes the fraud, assault, burglary, murder, etc. under the
section 3 criminal law. It is the offence that may be prosecuted on indictment.
c) Are offences against the OH&S Act 2004 indictable offences?
Ans : yes offences against the regulation of occupational health and safety 2004 indictable offences.
2
a) In your own words, explain the term ‘reasonably practicable’ in a workplace safety setting. (20 - 30
words)
Ans: The reasonably practicable is referred as the legal requirement for employees and employers under
the health and safety legislation. It is the legal requirement for the workplaces safety. Its main aim is to take
care for their health and safety.
An employer must provide and maintain a working environment that is safe and free of risks to health, so
far as is reasonably practicable (Steele, 2018). As part of this they must ensure, so far as is reasonably
practicable many things.
Give five examples of what areas must be allowed for here.

Ans: If the injury risk is compare to the time, money, effort need to remove it's and avoid it at the
workplace. There must be reduced the risk which for working environments with the free of risk to health
for employers and employees . There are some elements which must be considered to reduce the risk so far
as is reasonably practicable such as accidents and major risk.
b) 1. Safe systems at work.
c) 2. Eliminate the hazard.
d) 3. Reduce the hazard.
e) 4. Protect people from come into the contact hazard.
f) 5. Provide training handling hazard.
3 As part of a contractor’s workplace safety induction, what does the principle / host employer need to
identify to base the safety induction program content upon? Give three (3) examples.
Ans: the safety induction is the resources that helps in prevent an accidents and injury form happen in the
workplace. It helps in provide the awareness of safety issues and its procedures to all the types of
employees within the organization. It ensures the safety awareness to all employees.
1. Electrical and fire safety.
2. Local hospital contacts and medical kit locations.
3. Working in the confined spaces.

4 Are contractors/sub-contractors required to provide all licensing, permits and registration details, etc
and undergo worksite safety inductions prior to commencing work?
Ans: Yes, this information should be included in induction to ensure the contractors about the health and
safety at workplace. It helps in prevent them to happen uncertainty hazards which are essential for them.
5
Contractors, sub-contractors and labour hire agency employees are now commonplace on many
Australian worksites.
What areas such as documentation, contract boundaries, licensing/permit requirements, etc should you
be checking for compliance prior to allowing outsourced workers to commence work on your site?
Create a simple checklist that could be used to ascertain if the contractor/sub-contractor/agency
employee is compliant prior to commencing work.
Ans :
1. Registration certificate of service tax.
2. Indemnity bond.
3. Wage register.
4. Employment card.
5. Wage slips.
6. Labour welfare returns.
7. Leave with wages register.
8. Employee details with DOB and address (Claxton, Hosie and Sharma, 2022).
6
Contractors must be given access to site and organizational workplace safety documentation, policies,
procedures, etc. In an average workplace, where could the contractor locate such information? Give
four examples.
Ans: The contractor can locate such information at various place at workplace specially where
subcontractors are working and because it helps in guide them to be safe with the site safety
management plan that agreed between the contractor and company. It contains the safety requirement
with the sign of contractor.
1. Basic awareness of safety in constructional industries.
2. Implement safety management system.
3. Identify risk and hazard in construction area.
4. Precautions.
7
a) You are a Trainee Site Induction Trainer assisting the Site Induction Trainer.
1. List seven documents that you would give to each of the inductees during their safety
induction training.
Ans: 1. Health and safety policy of company.
2. Workplace rules.
3. Risk assessment.
4. Site plan and maps.
5. Inspection regime
6. Personal protective requirements.
7. Name five training records that should be kept upon completion of such training.
Ans : 1. Training record management systems.
2. Digitize record.
3. Reporting function.
4. Name and signature of trainer.
5. Designate employee.
8. Are these training records required by law to be kept for review, inspection, etc?
Ans: Yes, the training record required by the law to be kept for the inspection and review.

b) Where can the contractor/sub-contractor/ labour hire agency worker access an internal Issue
Resolution Procedure?
Ans: The issue's resolution procedures in the OHS 2004, require to solve the health and safety at the
workplace with the greed procedures and non agreed procedures at the workplace. Employees must be
represented by the OHS with name and procedure of employees (Osboldstone, 2019). Employees can
also take the reasonable step to report the issues with leaving their part at the workplace.
8
a) As the principle / host employer, are you required to check your contractor’s / sub- contractor’s /
labour hire employee’s documentation, licensing, etc prior to allowing them to work on your site?
Ans: yes, required to check the contractors and sub contractors documentations and licensing because
they are must be eligible for work on site, and they also must have experience in this field because it
will helps in reduce the human error at workplace.
b) As the principle / host employer are you required to carry out compliance checks on the currency
and/or legality of your contractor’s / sub-contractor’s / labour hire employee’s documents,
licensing, permits, equipment, etc?
Ans: yes. I require carrying out the compliance on the currency with approved the codes of practices
2011 to understand the duties in the work health and safety act. It helps in manage and prevent the
fatigue and legality of contractors that they are eligible of not.
c) How and when can these compliance checks be made? Give three examples.
Ans: the compliance's must be made at the training of contractors and this must be made after the
documentations, licensing and equipment, permits, etc are liable. Compliance at the workplace is
complied with the state, federal, regulations. There are some example of compliance are made such as:
Workplace security, Data security, Privacy.
1. Information security training.
2. Data protection and privacy training.
3. Regulatory compliance training.
9
a) When utilising any contractor / sub-contractor / labour hire employee you are required to both record
and report any workplace policy and/or procedural safety non-compliances detected on your site to
your management. Dependant on the complexity of the work site and the organisation you are
working for, give me three examples of basic non- compliances and reporting procedures that may
be used in this case. Use a three-column table with the headings Non-compliance detected,
Reporting procedure, supplementary action/s taken.
Non-compliance detected Reporting procedure Supplementary action/s taken
Not using correct PPE
Reported to Site
Supervisor and worker’s
direct employer
Issued with correct PPE
Not using proper first aid Report to the employers and its supervisor. Train contractor for proper use first aid kit.
Not use fire safety equipment Reported to the fire protection advisor at
workplace
They help to use fire and electrical safety in proper
way.
Failure to identify hazards Report to the manager They help them and explain to them that what is
hazard and how to identify it for health and safety at
workplaces.
b) When met with a repeat offender continuing to record non-compliances, as a Site Safety Officer,
what is your best course of action to remove the non-compliant worker/s?
Ans: non-compliance is referred as the individual failure at act in boundaries to comply with the rules
and regulations. The non complaint behaviors of contractors it may be intention and unintentional
as well as it depend on situations. There are various ways to remove the non compliant workers at
workplace with start conversation with them that who are causing problems and also discuss the
non compliant behavior at workplace. Site safety officer can determine the stick and limits and
focus on the positive perceptions and motivate them to reduce non-compliance at workplace
(Trauer, 2021). They can limit their promotion, privileges, take bonus and terminate contract that
helps in remove the non-compliance.

10
Work Health and Safety laws define ‘meaningful consultation’ as requiring PCBUs to be
compliant by: (Multiple choice)
a) sharing relevant information about work health or safety matters with their workers.
b) giving workers a reasonable opportunity to express their views, and contribute to the decision
processes relating to those matters.
c) consult with contractors and sub-contractors in reporting and recording non-compliances.
d) taking worker’s views into account and advise workers of relevant outcomes in a timely
manner.
e) all of the above.
Ans: all of the above.
11
Your organisation employs a contractor to provide maintenance services for your company. You’ve seen
the contractor's employees engaging in risky and unsafe work practices; however their boss does nothing
to address their behaviour. In your own words, what are your obligations here? (50-100 words)
Ans: my obligation in this situation is promoted a culture of the proactive health and safety behaviors
because I am obliged due to the consulting. The safety culture is the core element that company aim to
improve its safety performance and worker must be aware about the safety related issues. So boss need
to focus on the health and safety practices of employees because it is their responsibility to aware its
employee regarding the health and safety.
12
a) Under work health and safety laws does a principal / host contractor have the responsibilities and
duties of a host employer (PCBU)? Does a contractor have a duty of care towards its own employees
and also to everyone else at the workplace?
Ans: duty of care is explained the legal obligations that organization and its employees have to act on
causes of illness and injury that may be exits in the workplace and environment. The employees of
business must do anything for remove the hazard and causes of possible harm (Tuck, 2019). They are
obliged under the duty of care so, they need to care their, visitors, people and each other.
b) In your own words, explain the contractor’s primary responsibilities here towards the host employer
and his employees whilst carrying out its work on site. (50-100 words)
Ans: there are various responsibilities of contractor towards the employer and employees such as :
They are responsible for the employees and employer safety. Responsible for the liable activities such as
errors and omission of his employees and also responsible for reduce the risk of injury at site.
13 Define the meaning of a contractor. (50-100 words)
Ans: A contractor is the organization or individual who are hire to perform work for another organization
and individual on the contract basis. There are various contractors such as general contractor, independent
contractors and subcontractors. In the context of occupational health and safety regulations that govern
the relation of employees and contractors across jurisdictions.
14
a) Although being highly illegal, workplace bullying is reaching near endemic levels of late. Does health
include psychological health as well as physical health under the meaning of the OH&S Act of 2004?
Ans: OH&S Act, 2004 aims at securing health, safety and welfare of employees and at individuals at
work. It also focuses on removal of all risks that may impact health, safety and welfare of employees
within the organization. The work health in the act includes both psychological health and physical health.
The employer is responsible to take actions for ensuring health and safety in business.
b) Do contractors / sub-contractors / labour hire employees have to correctly participate in
workplace safety, fire, emergency drills, etc even though it is not their workplace?
Ans: It is the duty of employees to ensure health and safety of employees as well as other person within
the workplace. Contractors, subcontractors and labors hired will also have duty to participate in workplace
safety, fire, emergency drills, etc. to avoid the risk that may impact their health and safety. For example, it
is the duty of builder who is designing a building to be used for workplace must ensure that building is safe
and doesn't impact health and safety of people using it.

15 What are the five key health and safety principles that underpin the OH&S Act?
Ans: 1. Employers within the organization should be proactive and take the reasonably practices which
helps in measure to ensure safety at business activities.
2. People must give the high level of health and safety protection because it is reasonably practicable.
3. Employees and employers must exchange their information about risk to enhance the health and
safety.
4. Manage and control the activities that increase the risk to health and safety for reduce health and
safety risk.
5. Employees should be encouraged for represent on health and safety issues.
16
Contract Managers or in their absence, Safety Managers are primarily responsible for ensuring that the
particulars contained within their organisation’s contractor safety guidelines are implemented when
engaging the services of contractors under their responsibility or control.
What would be some of those guidelines? Supply seven examples of contractor WHS guidelines that
could be included in their employment contracts.
Ans: The contractor is required to comply with all obligations that are mentioned in
WHS guidelines.
It is responsibility of contractor to identify risk regarding health and safety and
apply corrective measures to mitigate the same.
Contractor must comply with specific requirements such as licenses, registration
and qualification.
Comply with procedures that are implemented to protect health and safety of
workers.
Provide report on health and safety related incidents regarding workers.
Installation of safety equipment to protect workers from injuries.
Ensure workers training and managing hazards and risks effectively.
17
a) In selecting a contractor to work on your site, what must you ensure the contractor is suitable
to do to be allowed to work on your site? Give four examples.
Ans: The work of contractor involves risk that may impact people health and safety who are
connected with the work of contractor. Therefore, it is essential to select a suitable and efficient
contractor for to work on site. It is essential to check health and safety policies followed by contractor
at workplace, training give to their employees, risk assessment quality of contractor and experience of
contractor with similar work.
b) You have detected that the contractor does not meet your organisational and/or legislated
requirements – what do you do now?
(a) They’ve got a contract so let them commence works on site and produce the required evidence
tomorrow?
(b) Disallow entry, record the non-compliance and report the incident to your appropriate
management?
(c) Call WorkSafe?
(d) Take the contractors word that everything is fine and your contractor checklist is
incorrect?
(e) All of the above.
Ans: (c) call worksafe

Assessor Use Only
 Satisfactory (S)  Not Satisfactory (NS)
Assessor Signature: Date:
 Satisfactory (S)  Not Satisfactory (NS)
Assessor Signature: Date:
 Satisfactory (S)  Not Satisfactory (NS)
Assessor Signature: Date:

REFERENCES
Tuck, J., and et.al.,2019. Risk management: Industrial manslaughter offence coming to model WHS
laws. Governance Directions, 71(4), pp.194-201.
Trauer, J.M.,and et.a.,2021. Understanding how Victoria, Australia gained control of its second COVID-19
wave. Nature communications, 12(1), pp.1-10.
Osboldstone, G., 2019. Victoria’s new OHS-styled Environment Protection Act: From the problem to the
solution. AUSTRALIAN ENVIRONMENT REVIEW.33(9).pp.171-175.
Claxton, G., Hosie, P. and Sharma, P., 2022. Toward an effective occupational health and safety culture: A
multiple stakeholder perspective. Journal of Safety Research.
Steele, L., 2018. Restrictive practice in education settings: institutional violence, disability and law. In The
Palgrave Handbook of Education Law for Schools (pp. 533-552). Palgrave Macmillan, Cham.