Introductory

Safety and health

representative training

Module 1:

Occupational Safety
and Health Legislation

Facilitator’s
Manual
Preamble

This legislative module includes changes to occupational safety and health (OSH)
legislation introduced into Western Australia in 2004 as a result of the 2002 Laing
statutory review of the Occupational Safety and Health Act and Mine Safety and
Inspection Act, and in particular introduces safety and health representatives to their
responsibilities where they use provisional improvements notices (PINs) in their
workplaces.

The focus of this module is on the application of the legislation. Feedback from
safety and health representatives and training providers has identified that training in OSH
legislation, as part of a five module introductory course, needs to be practical, applied to
real life situations and interactive. Consequently, the principal objective of the Module in
OSH legislation is to enable safety and health representatives to carry out their workplace
functions by accessing and applying OSH legislation and any other useful information, and
to do this through participating in practical and interactive activities.

Links to subsequent modules

The training facilitator should introduce the overall structure of the safety and health
representative training (the course) and show how Module 1: Apply Knowledge of
Legislation, will link through all of the subsequent four modules (see table outlining
structure of legislative training):
• Conduct workplace inspections and investigations as a safety and health
representative
• Conduct hazard identification and risk management associated with role of safety
and health representative
• Communicate on safety and health matters and represent employers
• Resolve conflict and issue Provisional Improvement Notices (PINs) in the role of a
safety and health representative

The safety and health representatives will continuously re-apply their knowledge of the
legislation throughout the other four modules of the course and this will help them develop
the skills required.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual i

How to use this manual for safety and health representatives
elected under the Mine Safety and Inspection Act 1994.

While this manual has been designed to reflect the parallel OSH legislation which
operates for the mining industry in WA, the case studies, activities and some detail is
designed for the broader range of workplaces covered by the Occupational Safety and
Health Act 1984.

Training providers who deliver this legislative module for safety and health representatives
elected under the Mines Safety and Inspection Act 1994 may want to develop some
activities and resources which are specific to mining industry situations and workplaces,
while maintaining the overall content provided by this manual.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual ii

Facilitator running time: 6 hours 30 mins Total mins

1. Introduction and expectations 10 mins 10

2. Icebreaker 15 mins 25

3. Introduction to case study: 5 mins 30

4. What is consultation? 10 mins 40

5. What is the legislative framework? 40 mins 80

BREAK 10 mins 90

6. What is “duty of care”? 45 mins 135

7. Recent amendments to the Acts 10 mins 145

8. Roles & responsibilities of key duty holders 30 mins 175

Contractors/labour hire 30 mins 205

9. Election of safety and health representatives and 20 mins 225

committees

10. Resolution of issues 20 mins 245

11. Role of inspectors & enforcement 10 mins 255

LUNCH 45 mins 300

12. What are the functions of a safety and health 30 mins 330
representative?

13. Provisional Improvement Notices (PINs) 15 mins 345

BREAK 10 mins 355

14. Tools available to help safety and health representative 15 mins 370

15. Review/Where to from here? 20 mins 390

TOTAL 6 hours and 30 mins

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual iii

About the icons in this manual

These icons are found throughout the facilitators manual and indicate that the facilitator
requires an action. The action may include such tasks as displaying Power Point, showing
a video etc.

Timing
This icon indicates the timing required for the exercise.

Case study
This icon indicates to the facilitator that the case study will
be used for an activity.

Power Point
This icon indicates to the facilitator the appropriate
Power Point slide to display.

Group discussion
This icon indicates to the facilitator that butcher’s paper and
a flip board are required.

Focus point
This icon provides the facilitator with focus points to guide
the group discussion.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual iv

Table of contents

1. Introduction and expectations ..................................................................................................... 1

2. Icebreaker: What is OSH?........................................................................................................... 1
3. Introduction to case study ........................................................................................................... 3
4. What is “consultation”?................................................................................................................ 4
5. What is the OSH legislative framework?..................................................................................... 6
6. What is a “duty of care” and how is it applied in a practical way in the workplace? ................... 8
7. Amendments to the Acts ........................................................................................................... 10
8. What are the roles and responsibilities of the key duty holders eg: employers (managers,
supervisors), employees. .......................................................................................................... 11
9. Election of safety and health representatives and committees................................................. 15
10. Resolution of issues .................................................................................................................. 17
11. Role of inspectors and enforcement ......................................................................................... 19
12. What are the functions of safety and health representatives? .................................................. 20
13. How do I use Provisional Improvement Notices?...................................................................... 22
14. Resources and tools to help safety and health representatives carry out their functions?....... 25
15. Review ...................................................................................................................................... 26

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual v

1. Introduction and expectations

Greet the group and introduce yourself to the group.

Invite the group to also introduce themselves providing a
brief background to their safety and health representative Slide 1 & 2
experience and what they hope to take away about OSH
legislation. Take note of the expectations, issues or any
other issue raised by the group, and if possible ensure
they are integrated into the program. If this cannot be
achieved, direct them to where they can go to get their
identified needs met. 10 mins

2. Icebreaker: What is OSH?

15 mins
Display Power Point slide of consideration points for
training participants.
• Ask training participants to talk about their
experience of safety and health representatives in Slides 3-4
their workplace, and spend a little time examining
some of the challenges/issues that they think may
be faced by a safety and health representative in
carrying out their functions.
• Discuss the role of legislation in managing OSH,
considering both the strengths and weaknesses of
relying on a legislative approach to safety and
health problems.
• Talk about what sources of support and
information are available to safety and health
representatives.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 1

 Discuss the sorts of challenges/issues that a safety and
health representative can encounter in carrying out their role
in the workplace e.g.
• Unsupportive or uninterested senior
management/employer;
• Unrealistic expectations of other employees or
employer about the extent of role of safety and
health representative e.g.: it is not their main job and
they are not responsible for solving OSH problems
in their workplace;
• Difficulty in accessing legislation, information
and support.

Make the following statement to the training participants:

“Your experience as a safety and health representative

can be positive and effective if you understand your
functions, know how to access information and support
and apply the legislation, have good tools to help you,
such as good inspection checklists, and have sound
communication skills.

Ask them to keep this point in mind and reflect back on

it at the end of the legislative training.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 2

3. Introduction to case study

The case study will be used throughout the legislative

training module for activities. The activities are designed
to allow the safety and health representative to apply the
knowledge and information they gain and to develop the
practical skills they need to be an effective safety and 5 mins
health representative. The case study is based on a real
incident that occurred in a WA workplace, but has been
adapted for the purposes of this training in OSH
legislation.

In reading through the case study for five minutes, ask

the training participants to imagine they are the safety and
health representative.

Listed below are some of the factors which will come up

through the activities over the course of the legislative
module. Direct the safety and health representatives to
think about these factors as they read through the case
study :
• contract labour hire workers
• shared responsibilities/duty of care between the
employer at the workplace and the labour hire
company
• induction and supervision
• safe systems of work
• guarding of machinery
• isolation of plant
• investigations
• safely carrying out functions of safety and health
representative
• the interrelationship of the Acts, regulations, codes
of practice and guidance notes and application of
these in the workplace.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 3

4. What is “consultation”?

Resource requirements:
• flip chart or white board 10 mins
• butchers paper
• coloured pens
• copies of Occupational Safety and Health Act
1984 and Mine Safety and Inspection Act 1994
(incorporating amendments made in 2004) or
photocopies of sections of Act setting out objects
– Sections 5 and 3 respectively.

Invite training participants to use copies of the Acts (or

photocopies of relevant sections) to identify the objects of
the Acts.

Ask the training participants to join in a brainstorm

activity. Why do you think so much emphasis is given to
participation and consultation?

This discussion will begin to introduce the style of modern

OSH legislation – with its focus on problem solving and
processes and less of a reliance on prescriptive detail.
This is a difficult and sometimes controversial concept.
Ensure the discussion does not get stuck in a debate
about the relative merits of prescription versus open
ended processes. Instead, clearly highlight the reasons
why modern legislation emphasizes consultation and
involvement, and note that mandatory minimum
requirements for specific hazards and work practices still
have a clear role in OSH legislation.

Record the outcomes in the training participant’s

notebooks.

Display Power Point slide. The emphasis on

consultation…

Explain that the detail on the consultation provisions of Slide 5

the Acts will be examined later.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 4

 Briefly explain the framework for consultation set out
in the Acts has four levels:
• tripartite Commission recommending OSH policy
for WA;
• ongoing involvement and participation of all
persons in the workplace;
• safety and health representatives; and
• safety and health committees.

Display Power Point slide – framework…

And that as a result of amendments to the Acts in 2004,

a new important feature of the consultation provisions
Slide 6
is the flexibility given to workplaces to work out a
system of consultation and representation which suits
their situation best.

Explain that they will look at this in more detail later.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 5

5. What is the OSH legislative framework?

Resource requirements
• butcher’s paper and pens
• flip board
• copies of “Making the workplace safe”
• copies of Guidance note: “General duty of care in
40 mins
Western Australian workplaces”
• copies of OSH Act &/or MSI Act (20 mins
discussion and
• copies of plant regulations (Part 4 of OSH
20 mins
Regulations 1996 &/or Part 6 of MSI Regulations
Activity 1)
1995)
• copies of front cover of Guidance note: Isolation
of plant (Commission for Occupational Safety and
Health)
• refer training participants to case study and
additional resource on machine guarding

Ask the training participants as a group what they think

is the OSH legislative framework in WA?

Explain that there are two sets of similar legislation

covering OSH in WA – for mines and mining operations
and for general workplaces. The basic principles and
framework are the same for both.
Note: Petroleum industry is regulated separately.

Display Power Point slide of the legislative framework

Explain how the legislative framework operates in WA

– status of Act, regs, codes, guidance notes. Slide 7

Draw a flowchart on the whiteboard/butcher’s paper - if

that helps the group to understand it.

Emphasize that the Act is the overriding legislative

power and regulations have to meet the purposes of
the Act.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 6

 Ask the training participants:
• what do you understand to be the status of the
Act?
• what do you understand to be the status of the
regulations?
• what role do codes of practice play in the
legislative framework?

Write their answers on butcher’s paper and

discuss/clarify any points.

Ask training participants to read the material provided

under Section 5, Legislative framework, of their workbook.

Refer training participants to the case study outlined in

their workbooks.

Divide training participants into small groups for the

purposes of Activity 1.

Go through the instructions provided to training

participants for Activity 1. Activity 1
(using case
study)

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 7

6. What is a “duty of care” and how is it
applied in a practical way in the
workplace?
45 mins
Ask training participants:
What do you think is meant by a ‘duty of care’? (30 mins
discussion
15 mins Activity 2)

Write answers on butcher’s paper/white board

Explain that ‘duty of care’ or general duties describe

broad responsibilities for a wide range of people
associated with the work environment.

Slide 8
Provide example of employer’s broad duties.
Ask training participants:
• Who else do you think has a duty of care for
health and safety associated with the working
environment? Slide 9
Write answers on butcher’s paper/white board.

Explain what is meant by statute law and common law

Explain how ‘duty of care’ has been taken from

common law and written down in the OSH and MSI Acts
(and in UK and across Australia).

Slides 10-12
Explain the key differences in how ‘duty of care’ works
under statute law as opposed to under common law.

Make the following statement to the group:

“Many of the general duty provisions say that
something only has to be done ‘…. As far as is
practicable’.”

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 8

 Ask the group their opinion about what ‘practicable’
means.

Discuss their answers and explain what the legislation Slides 13-15
requires.

Explain that in practical terms, the application of the

duty ‘…to provide a safe work environment so far as is
practicable’ involves
• hazard identification Slide 16
• risk assessment
• risk control

Explain that hazard identification and risk management

is covered in detail in Module 3 of the course, and is a key
skill area.

Make the following statement:

“The focus of the OSH Act and MSI Act is

duties, processes and prevention.”

Ask the group their opinion of the statement.

Write their responses on butcher’s paper/white board.

Ask training participants to read the material provided

under Section 6, Duty of care, of their workbook.

Refer training participants to the case study outlined in

their workbooks.

Divide training participants into small groups for the Activity 2

(using case
purposes of Activity 2.
study)

Go through the instructions provided to training

participants for Activity 2.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 9

7. Amendments to the Acts

Explain that recent amendments to both the OSH and

MSI Acts have significant implications for safety and health
representatives – and in particular the provision for safety
and health representatives to issue PINs. 10 mins

The introductory course for safety and health

representatives has been substantially revised as a result of
the changes, particularly in regard to PINs - which now form
a central part of Module 5: Conflict resolution and
Provisional Improvement Notices (PINs) in the introductory
safety and health representative course.

Provide a brief overview of the amendments to the

OSH Act (and/or the MSI Act depending on the group
being trained) resulting from the 2002 review of the Acts
by former Australian Industrial Relations Commissioner
Robert Laing.

Overview of changes to OSH Act which are also reflected

in changes to the MSI Act:

More detail on some of these changes will be

covered throughout the legislative module and in Slides 17-21
subsequent modules.

Full details of the legislative amendments for both the

OSH Act and the MSI Act should be available on:
[Link] or on
[Link] or
by contacting either the WorkSafe Division of
Department of Consumer and Employment Protection or
the Department of Industry Resources.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 10

8. What are the roles and responsibilities of
the key duty holders eg: employers
(managers, supervisors), employees.

Note: The role of inspectors is covered later in

Section 11.

Resources:
• Guidance Note: General duty of care in Western
Australian workplaces. Commission for
Occupational Safety and Health
• Guidelines: General duty of care in Western
Australian mines
• Copies of OSH and MSI Acts
• Case study from Section 3 of this module.

Explain :
• You are looking briefly at key sections of the
Act(s) and duties that safety and health
representatives need to be familiar with and know
how to access and apply.
• There is not time to cover all duties in the Act and
therefore it is important training participants know
how to find information and assistance. This has
been and will be emphasized throughout their
training.
• You have already looked at the broad concept of
‘duty of care’, identified the main duty holders
under the Act and used this information for
Activity 2.

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 Employer’s and employee’s duties

30 mins
Outline the employer’s and the employee’s
duties under the Act.

Clarify the relationship between an employer and a

Slides 22-25
manager or supervisor.

You may need to draw a flowchart on the white

board or butcher’s paper to show how the relationship
works in practice e.g.: how an employer can be an
individual or a body corporate, and how the employer
may or may not be the same person as the manager or
supervisor.

You will also need to clarify the responsibilities of the

manager or supervisor where they are not the employer.

Go through the instructions for Exercise (8) 1

for with training participants – uses case study

Exercise (8) 1

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 12

 Contractors, labour hire and other
employment arrangements

Ask training participants to identify as many alternative 30 Mins

employment arrangements as they can?

Write the answers on the board, and discuss why

changes were needed to the OSH Act 1984 and MSI Act
1994 to deal with these situations.

Point out that this is one of the problems of relying on

legislation alone to fix OSH problems – i.e. the legislation
sometimes lags behind what is going on in the real world.
This is because of the time needed to get legislation
drafted, agreed to and passed through Government.
There are, and must be, other drivers for OSH!

Explain the provisions applying to principals and

contractors.

Display Power Point slides – contractors.

Slide 26
Explain the concept of “…. Capacity to exercise control”.
Display Power Point slides – control…

Slide 27
Go through and discuss the example provided of an
electrical sub-contractor doing maintenance work on the
roller-conveyor system described in the case study.

Ask them if they can think of another example of a

situation where a party may have control over some
aspects of the work and not over others. An example
could be where a delivery driver is out on the public
roads as part of his or her work duties.

Explain the coverage provided to labour hire

companies and the workers they place.

Display Power Point slide – labour hire… Slide 28….

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 Go through the instructions for Exercise (8) 2
with training participants – uses the case study.

Exercise (8) 2
Other duty holders
Direct training participants to where to go to get
detailed information on other duty holders such as
designers, manufacturers…..

Explain that there is some critical information that

should be in the workplace from these duty holders eg:
operating instructions for plant, MSDS for substances
such as chemicals.

You may want to provide examples of

designer/manufacturer instructions and MSDS to hand
around.

Point out that the safety and health representative

has a right to access this information and the employer
has a duty to provide it.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 14

9. Election of safety and health
representatives and committees
20 mins
Essential resources – copies required for
Activity 3
• butcher’s paper and pens
• Part IV of the OSH Act 1984 and Part V of the
MSI Act 1994 (including 2004 amendments);
• Guidance note: Election of safety and health
representatives, Representatives and committees
and Resolution of issues – Commission for
Occupational Safety and Health; and/or
• Guide to the Mines Safety and Inspection Act
1994 – Safety and health representatives-–
Department of Industry and Resources.

Make the following comments to the training

participants:
• The objective of this session is not to go through
in great detail the election procedures but to get
you to use information available to access and
apply those sections of the OSH and MSI Acts.
• You will all have been through an election
process yourselves and already be familiar with
what is required. However, it is important to keep
up to date and familiar with the election
requirements and procedures.

Ask the training participants to see if they can

remember the legislative amendments briefly looked at
earlier that related to safety and health representatives
and committees. Get them to jot them down before you
go back over the relevant 2004 amendments with them.

Explain the new provisions introduced in 2004 that

allow for greater flexibility in the arrangements for
representation and committees.

Display Power Point slides - consultation provs…

Slide 29

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 Refer training participants to the Scenario outlined in Activity 3
their workbooks for Activity 3.
(using Scenario
Divide training participants into small groups for the in workbooks)
purposes of Activity 3.

Go through the instructions provided to training

participants for Activity 3.

Make sure all groups have access to the relevant

sections of the OSH and MSI Acts and the Commission’s
guidance note on the election process.

Provide groups with butcher’s paper and pens.

S&H Committees

Explain that safety and health representatives can

play a vital role in making safety and health committees
work effectively.

Safety and health representatives should represent other

employees and provide feedback to the workforce.

Direct the training participants to the relevant sections

of the Acts (Section 40 of the OSH Act and Section 63 of
the MSI Act) and guidance notes.

Ask training participants:

“What do you think are the key factors
that would make a committee
effective?”

Write their answers on butcher’s paper/white board

and add any extra that are important.

Explain provisions that make it an offence to

discriminate against safety and health representatives.

Display Power Point slide. Discrimination… Slide 30

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 16

10. Resolution of issues

Resources:
20 mins
• butcher’s paper and pens;
• Guidance note: Election of safety and health
representatives, Representatives and committees 10 mins Overview
and Resolution of issues – Commission for 10 mins Role
Occupational Safety and Health Play Exercise
(10) 3
• Guide to the Mines Safety and Inspection Act
1994 – Safety and health representatives –
Department of Industry and Resources.

ROLE PLAY EXERCISE:

Explain that at the end of this section training

participants will all take part in small role play exercise
involving a safety and health issue.

Explain the “issue” that will form the basis of the role
play - outlined in training participants workbooks.

Issue resolution

Explain the difference between an “issue” and a

“dispute”.

Ask training participants:

“Have you had an experience of an “issue”
where there has been disagreement
between the employer and employees in
your workplace?”

Discuss any experiences raised and what the outcomes

were, and write down on white board/butcher’s paper.

Ask training participants:

“What do you think are some of the factors that
might help issues to be resolved effectively in
workplaces?”

Write down answers on white board/butcher’s paper.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 17

 Outline what the OSH and MSI Acts require.

Display Power Point slides.

Slides 31-33
Emphasise that the focus is on sorting out the
problem at the workplace. An inspector is usually only
involved as a last resort.

Explain the “right to refuse unsafe work”

in cases of immediate risk of serious injury or harm to
employees or other persons at the workplace.

Display Power Point slide….

Slides 34-36

Role play exercise conducted ROLE PLAY

Exercise
Divide training participants into groups. (10) 3

Go through instructions for the Role Play

Exercise (10) 3 (in training participant’s workbooks)

Make sure each group has given a role to each

person in that group.

Provide each group with butcher’s paper and pens.

At the end of the 10 minute exercise ask each group to

nominate a representative for the group to report on their
experience, the discussions and outcomes.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 18

11. Role of inspectors and enforcement

Make the following point.

10 mins
“One of the important relationships you
may form as a safety and health
representative is with inspectors”

Explain what reasons an inspector is likely to visit a

workplace.

Point out where enforcement is covered in the OSH Act

and the MSI Act.

Outline the powers of an inspector.

Slide 37
Display Power Point slide. - powers…
Explain what an Improvement Notice is and what a
Prohibition Notice is.

Display Power Point slide – notices…

Provide training participants with examples of:
Both types of notices
Slides 38-40

Available from WorkSafe’s Policy Unit

• Review forms
Available from [Link] under the
section headed “laws” for OSH Act or from offices of
Mines’ inspectors for MSI Act.
Activity 4

Go through instructions for Activity 4 with training

participants (uses case study)

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 19

12. What are the functions of safety and
health representatives?
30 mins
What are the duties of employers in
working with safety and health
representatives?

Make the following comment:

“This section is really what the introductory
training for safety and health
representatives is all about. The
knowledge and skills you have been
working on so far, and will continue to work
on for the rest of the course, are all about
helping you carry out your functions as a
safety and health representative – so that
you can be effective in your workplace.”

Divide training participants into small groups for this Exercise

activity. Provide butcher’s paper and pens. (12) 4

Note: This exercise should be done without any

reference to resources, notes or any other materials. It is
designed to get training participants to identify what they
think their role is and what some of the questions/issues
are for them in carrying out their role.

Go through instructions for Exercise (12) 4 with

training participants.

Facilitate a discussion with the whole class.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 20

 Resources for Section 12:
• Handbook for safety and health representatives
• Guidance Note: Election of safety and health
representatives, Representatives and committees
and Resolution of issues – Commission for
Occupational Safety and Health
• Guide to the Mines Safety and Inspection Act
1994 – Safety and health representatives –
Department of Industry and Resources.

Direct training participant to the table outlining the

functions of a safety and health representative in the
Handbook for safety and health representatives.

Slides 41-48
Explain how safety and health representative functions
will be covered in detail throughout the subsequent 4
Modules for the safety and health representative
introductory training course.

Go through what an employer has to do to assist the

safety and health representative carry out their functions.

Emphasise that the Act encourages cooperation and Slide 49-50

consultation - and that all parties have a duty to each
other and to work together to find solutions.

Divide training participants into small groups for this

activity. Provide butcher’s paper and pens.

Go through instructions for Exercise (12) 5 with Exercise

training participants – uses case study (12) 5
Facilitate a discussion with the whole class.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 21

13. How do I use Provisional Improvement
Notices?
15 mins
Note: This is an introduction to the new legislative
provisions for safety and health representatives to issue
PINs in their workplace. Module 5: Conflict Resolution
and Provisional Improvement Notices (PINs) will develop
safety and health representatives practical knowledge
and skills in this area.

Ask the training participants the following question:

“What do you think a provisional

improvement notice or PIN is and do you
think they could be misused?”

Facilitate discussion and write answers on white

board or butcher’s paper.

Explain that PINs were only introduced in 2004 and

are intended to provide safety and health representatives
with some authority given their important role in bringing
employees safety and health concerns to the attention of
the employer.

Emphasise the point that only safety and health

representatives who have been trained to do so can
issue PINs.

Display Power Point slide.

Explain that this is because PINs are a powerful tool

and must be used appropriately. Slides 51-54.

Show where in the OSH Act and MSI Act PINs are
dealt with.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 22

 Go through the provisions that control the use of PINs.

Display Power Point slides (controls…)

Slides 52

Make the following key points:

• you must be totally familiar with these controls on
the power to issue PINs.
• before you issue a PIN you will also need to be
able to form an opinion that there is a breach
occurring at your workplace or has occurred in
circumstances that make it likely it will continue to
be repeated.
• to do this you will need to be able to access and
apply the Act and regulations.
• being familiar with key areas of the Act and
regulations, and knowing where to go to find
additional information and advice, will help you
gather the evidence you need and provide you with
“reasonable grounds” for forming your opinion.

Explain that in Module 5 of this introductory training

course training participants will develop more detailed
knowledge and skills in such areas as:
• how to fill out a PIN; Slides 54
• how to gather your evidence eg: forming your
opinion;
• who you can issue the PIN to;
• rights for review of a PIN;
• procedures to follow where a PIN has not been
complied with.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 23

 What training participants should know now is:
• what a PIN is;
• in what situations they can issue PINs eg: the
things they must do before they issue a PIN – or
“the controls”;
• that failure to do these things could result in
sanctions or their disqualification; and
• where to look in the Act(s).

Divide training participants into small groups for this

activity, and provide butcher’s paper and pens.

Go through instructions for Activity 4 which

Activity 4
uses the case study.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 24

14. Resources and tools to help safety and
health representatives carry out their
functions? 15 mins

If possible, provide an interactive session using

Safetyline or the Department of Industry Resources
webside.

Guide training participants through the “Link” service

provided by [Link] to other useful
OSH and related sites for WA, National and International.

Show the relevant entry points to the website eg: law

(access to statutory forms online as well as the Act and
regs), significant incident reports, prosecutions, bulletins,
publications etc.

Safety and health representatives online

A news and information website dedicated to safety and
health representatives has been created at
[Link]/safetyrep

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 25

 15. Review

Invite the group to re-look at what they identified at the

beginning of the legislative module as their expectations
for the course; and to consider whether those
expectations for this module have been met.
20 mins
For the expectations that were beyond the scope of the
legislative module, direct training participants again to
where they can go to get their identified needs met.

Invite questions.

Provide a brief overview of the next four modules –

which have already been considered throughout the day.

Occupational Safety and Health Legislation - Module 1 Facilitator’s Manual 26