Workplace Regulation and Legislation

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Workplace Regulation and Legislation

  1. 1. TAEDEL402A Plan, organise andfacilitate learning in theworkplaceTeresa OBrienPrincipal LecturerC.Y. O’Connor InstituteMay 8 2012
  2. 2. Workplace Legislation and Regulation• Each workplace is governed by both legislative and regulatory requirements of which you, as a trainer need to be aware• Individual workplaces have their own policies and procedures, particularly with regard to OHSExamples• Racial Vilification• Anti-discrimination• Equal Opportunity• AQTF Units of Competency Australian Core Skills Framework• OHS Industry requirements: licensing, awards and agreements• Duty of Care
  3. 3. AQTF Requirements• guide regulate and monitor the VET system• set the standards fortraining and assessment by registered training organisationsstate and territories that register and audit RTOs• made up of 9 conditions and 3 standards• access this framework athttp:// www.training.com.au/documents/Dezem_AQTF%20Essential%20Conditions%20and%20Standards%20for%20Continuing%20Registratio
  4. 4. Australian Apprenticeships• A way to get a head start in a chosen career• Involve paid work and structured training that can be on-the- job, off-the-job or a combination of both• Represent ‘Competency based’ training which means individuals can complete their training faster when they reach the required skills level• Enable existing skills and prior experience to be recognised and course credit granted, potentially reducing formal training time.• Lead to nationally recognised qualifications and skills• Are also an important pathway from school to work.
  5. 5. Australian Apprenticeships cont.• Involve RTO, employees and the apprentice• Funding dependent on training plans and record keeping• Employees manage the apprentice and meet legal requirements such as record keeping• Trainers provide the training and adhere to plan• Apprentices maintain paperworkWebsite: http://www.australianapprenticeships.gov.auImage adapted from http://au.news.yahoo.com/thewest/regional/southwest/a/-/youth/13630613/graduate-apprentice-a-role-model /
  6. 6. OHS rules and regulations• Your responsibility is to ensure that the learning environment is healthy and safe• Legal framework-the need to eliminate or avoid workplace injury, illness and death• Exercise duty of care• OHS is state responsibility except in commonwealth jurisdictions• Acts govern how OHS is addressed• Regulations- support OHS Acts and provide implementation of the legislation• Regulatory authorities manage OHS compliance
  7. 7. Safe Work Australia• develops national policy• prepares code of practice• prepares OHS material• Monitors the adoption of approved OHS• Collects statistics and records workers compensation• Provides guidance• Assist regulatory authoritiesStandardsEliminate, reduce and manage specific workplace hazardsPrescribe preventative action to avert injury and deathhttp://www.standards.org.au/Pages/default.aspx
  8. 8. Codes of Practice• should be followed unless there is a better way• act as a ‘should do’• cannot be prosecuted• developed and adopted at all levels; organisational, state and national• Safe Work Australia has developed many codes of practice(eg. dangerous goods, constructions’ white card)
  9. 9. Guidance MaterialAvailable form many sources•Safe Work Australia•OHS Authorities•WorkSafe•Industry employer bodies•Professional organisations•libraries•workplaces•unions
  10. 10. OHS and workplace learningMany people may be involved in workplace learning•Employers/supervisors•Training directors•OHS Officers•Human resources•OHS Committees•Other workplaces
  11. 11. Duty of Care• Exists where there is a relationship-Employer/employee, trainer/assessor, RTO/Client• Owed personally to individuals• Applies to all risks that are foreseeable and preventable• Includes the concept of ‘reasonable’Learner’s role is duty of care to self and others• Follow procedures• Use equipment safely• Attend OHS training• Identify hazards

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