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TAEDEL402A Plan, organise and facilitate learning in the workplace May 8 2012 Teresa O'Brien Principal Lecturer C.Y. O’Connor Institute

Workplace Regulation and Legislation

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Page 1: Workplace Regulation and Legislation

TAEDEL402A Plan, organise and facilitate learning in the workplace

May 8 2012

Teresa O'BrienPrincipal LecturerC.Y. O’Connor Institute

Page 2: Workplace Regulation and Legislation

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 OHS

Examples• Racial Vilification • Anti-discrimination • Equal Opportunity• AQTF Units of Competency Australian Core Skills Framework• OHS Industry requirements: licensing, awards and agreements• Duty of Care

Page 3: Workplace Regulation and Legislation

AQTF Requirements• guide regulate and monitor the VET system

• set the standards for training and assessment by registered training organisations state and territories that register and audit RTOs

• made up of 9 conditions and 3 standards

• access this framework at http://

www.training.com.au/documents/Dezem_AQTF%20Essential%20Conditions%20and%20Standards%20for%20Continuing%20Registration_8%20June_3.pdf

Page 4: Workplace Regulation and Legislation

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.

Page 5: Workplace Regulation and Legislation

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.au

Image adapted from http://au.news.yahoo.com/thewest/regional/southwest/a/-/youth/13630613/graduate-apprentice-a-role-model/

Page 6: Workplace Regulation and Legislation

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

Page 7: Workplace Regulation and Legislation

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

Page 8: Workplace Regulation and Legislation

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)

Page 9: Workplace Regulation and Legislation

Guidance MaterialAvailable form many sources•Safe Work Australia•OHS Authorities •WorkSafe•Industry employer bodies•Professional organisations•libraries•workplaces •unions

Page 10: Workplace Regulation and Legislation

OHS and workplace learningMany people may be involved in workplace learning

•Employers/supervisors•Training directors•OHS Officers•Human resources•OHS Committees•Other workplaces

Page 11: Workplace Regulation and Legislation

• 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

Duty of Care