HOW TO BECOME AN APPROVED PROVIDER OF HEALTH AND SAFETY REPRESENTATIVE (HSR)

Transcription

HOW TO BECOME AN APPROVED PROVIDER OF HEALTH AND SAFETY REPRESENTATIVE (HSR)
HOW TO BECOME AN APPROVED
PROVIDER OF HEALTH AND
SAFETY REPRESENTATIVE (HSR)
TRAINING IN SOUTH AUSTRALIA
HSR Training Provider Approval Guidance
How to Become an Approved Provider of HSR Training in South Australia
FOREWORD
This guide should be read in conjunction the following guidance booklet:
HSR Training Course Requirements – HSR Training Course Guidance (booklet 2)
How to Become an approved Provider of HSR Training in South Australia
CONTENTS
HOW TO BECOME AN APPROVED PROVIDER OF HEALTH AND SAFETY REPRESENTATIVE
(HSR) TRAINING IN SOUTH AUSTRALIA
INTRODUCTION........................................................................................................................................ 4
HSR Training Course Requirements ...................................................................................................... 5
PURPOSE .................................................................................................................................................. 6
PART 1: THE APPROVAL PROCESS ..................................................................................................... 7
PART 2: TRAINER QUALIFICATIONS .................................................................................................. 10
PART 3: REQUIREMENTS FOR APPROVAL OF A COURSE OF TRAINING ..................................... 10
PART 4: CONDITIONS OF APPROVAL ................................................................................................ 10
PART 5: RENEWAL OF APPROVED PROVIDER STATUS ................................................................. 14
PART 6: COMPLIANCE MONITORING AND ENFORCEMENT ............................................................ 14
ATTACHMENT 1: .............................................................................................................................. 15
Application form and checklist ....................................................................................................... 15
Do you have public liability insurance? ............................................................................................. 19
Policy Number: ..................................................................................................................................... 19
Trainer qualifications ....................................................................................................................... 20
APPLICATION ATTACHMENT CHECKLIST ....................................................................................... 21
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How to Become an approved Provider of HSR Training in South Australia
INTRODUCTION
Health and Safety Representatives
(HSRs) are entitled to undertake a
course of training approved by
SafeWork SA Advisory Council.
This entitlement is outlined in section 72 of the
Work Health and Safety Act 2012 (SA) (WHS
Act).
In considering an application for approval to
conduct HSR training, SafeWork SA may have
regard to:

The content and quality of the course,
including its relevance to the functions and
powers of a HSR

The capability and capacity of the applicant
to be a provider of training

The qualifications, knowledge and
experience of the person who is to provide
the course.
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How to Become an approved Provider of HSR Training in South Australia
HSR TRAINING COURSE
REQUIREMENTS
Resources have been created for
course developers so that they can
design and write mandatory course
content focused on developing the
skills, knowledge and understanding of
HSRs.
These model resources are intended to support
the implementation of harmonised HSR training
across all jurisdictions.
The model resources, endorsed by a Safe Work
Australia advisory body—which includes WHS
regulators, union and employer representatives—
include:

Underpinning principles for the development
of a regulator approved HSR training course

Learning outcomes for the initial and
refresher training for HSRs.
Both of these resources have been referred to
and adapted to meet the South Australian
legislative and jurisdictional requirements and are
titled:
HOW TO BECOME AN APPROVED PROVIDER
OF HEALTH AND SAFETY RERESENTATIVE
(HSR) TRAINING IN SOUTH AUSTRALIA (this
document), and
HSR TRAINING COURSE REQUIREMENTS,
(HSR Training Course Guidance Booklet 2).

Five Day Course – Level 1

Three Day Course – Level 2

Two Day Course – Level 3 (To be
advised)

One Day Bridging Course
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How to Become an approved Provider of HSR Training in South Australia
PURPOSE
This document is intended to assist
training providers to apply for approval to
conduct initial and refresher HSR training
under the WHS Act.
It outlines the process for applying for approval to
conduct HSR training and includes information
about:

How to submit an application for
approval

The course development process

The approval process (including the
conditions of approval)

Minimum trainer qualifications

Monitoring
processes.
and
quality
assurance
The requirements contained in this document
apply to all applications for approval of both initial
and refresher HSR training under the WHS Act
made to SafeWork SA from 1st of January 2013.
To ensure national consistency and continuous
improvement, these conditions and requirements
will be reviewed by WHS regulators when
necessary.
Transitional arrangements for
implementation of the WHS Act in South
Australia
An HSR appointed under pre-harmonisation laws
will be able to exercise all powers of an HSR
under the model WHS Act for twelve months after
the commencement of the model WHS Act, under
schedule 6, Part 9, clause 19.
After this date, if the HSR has not completed the
bridging training to satisfy the requirements in the
model WHS Act (subclauses 85(6) and 90(4)), the
HSR will not be able to exercise certain powers
(e.g. issue PINs or direct unsafe work to cease).
Training that satisfies these requirements will be
approved by SafeWork SA and certified as HSR
Bridging Training.
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How to Become an approved Provider of HSR Training in South Australia
PART 1: THE APPROVAL PROCESS
An application must be made to SafeWork SA for approval to deliver all of the following HSR training
courses:

Initial HSR training—must be a minimum of 35 hours face-to-face training over five (5) days

Refresher Year 2 HSR training—must be a minimum of twenty one hours face-to-face
training over three (3) days

Refresher Year 3 HSR —must be a minimum of fourteen hours face-to-face training over two
(2) days

Bridging (1 day) HSR Training course for transitioning Health and Safety Representatives
st
until 31 December 2013
Note: The HSR and deputy HSR training entitlement continues in a 5, 3, 2 cycle respectively for those
persons who continue to hold office for ongoing and unbroken three year terms of office.
Note: Training providers can only seek approval to deliver refresher HSR training if they are also seeking
approval to deliver initial 5 day training—or if they are already approved to deliver initial HSR training.
1.1 Who can apply?
A training organisation, company or sole trader
may apply for approval to deliver HSR training.
1.2 Application Fee
An application fee of $1000.00 is payable with
the lodgement of an application.
1.3 What should be submitted?
Applications for approval to become a provider
of HSR training must include:

A completed application form (see
Attachment
1)
with
all associated
documentation

The proposed training course materials,
including:
-
-
-
Course timetable
Session plan (content, delivery
approach, duration of exercises and
activities)
Participant exercises and activities
Supplementary material (handouts,
PowerPoint presentations,
videos/DVDs)
Course evaluation processes
Course evaluation form
Course certificate
Trainers qualification and experience
(see Part 2)
A checklist to assist applicants is provided at Attachment 1. Applications will not be assessed until
all of the submission requirements have been met.
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How to Become an approved Provider of HSR Training in South Australia
1.4 How will the application be assessed?
When assessing an application, SafeWork SA
may have regard to all relevant matters
including:
-
-
-
Alignment of content against the
relevant underpinning principles and
learning outcomes
Content and quality of the training
materials
Extent to which the training materials
are relevant to the powers, and
functions of a HSR
Qualifications,
knowledge
and
experience of the trainer(s) who will
deliver the training.
When assessing an application, SafeWork SA
may need to verify information provided by the
applicant and consider information provided by
other WHS regulators. SafeWork SA follows
procedural fairness requirements. Applicants are
therefore provided with an opportunity to provide
further information if SafeWork SA makes other
enquiries
If SafeWork SA assesses a provider and/or
course as not meeting the requirements for
approval, applicants will be notified and given
the opportunity to make corrections and
resubmit. After the second submission,
SafeWork SA will make a final decision and
notify the applicant in writing if approval has not
been granted. There will be a 12 months waiting
period before another application can be made.
There is no appeal process under the WHS Act for
a decision made under section 72(1) (a). However,
SafeWork SA will undertake an internal review of
the decision if requested
1.5 Period of Approval
Approval will be granted for a period of up to five
years. In that time the approved provider will need
to continue to satisfy all the conditions of approval
including trainer qualifications and course
requirements.
1.6 Can applicants be approved to offer
training in more than one jurisdiction?
Applicants can be approved to deliver training
in more than one state/territory and the
Commonwealth.
Applicants should make an initial application to
the WHS regulator in the jurisdiction in which
they intend to conduct the majority of HSR
training, or where their head office or registered
business address is located.
Information about any other state or territory in
which an applicant intends to deliver HSR
training should accompany the initial application
for approval.
Once approval has been granted in one
jurisdiction, an applicant may apply for approval
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How to Become an approved Provider of HSR Training in South Australia
in other jurisdictions. Applicants must meet any
requirements particular to each jurisdiction in
which they apply.
For example, in Western Australia and
Queensland, training providers must be
registered training organisations.
Note: Approval to deliver HSR training in one
jurisdiction does not guarantee that approval
will be given in another state, territory or the
Commonwealth
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How to Become an approved Provider of HSR Training in South Australia
PART 2: TRAINER
QUALIFICATIONS
All trainers of approved HSR training must have,
as a minimum:
-
Certificate IV in Training
Assessment—TAE40110
TAA40104 (or equivalent) AND
and
and
-
A minimum of two years relevant
experience
in
a
role
where
occupational or work health and safety
was a major part of the position
responsibilities; OR
-
Relevant
tertiary
or
vocational
qualifications in a field related to
occupational or work health and safety.
Once approved, the training provider has
responsibility for ensuring that trainers
employed by them understand the entitlements,
functions, powers and protections of a HSR
under the WHS Act.
Providers must also ensure that their trainers
undertake professional development activities
to ensure their occupational or work health and
safety
industry
experience
and
facilitation/training skills remain current.
All trainers engaged by a training provider
following initial approval must have the required
qualifications and experience.
PART 3: REQUIREMENTS FOR
APPROVAL OF A COURSE OF
TRAINING
Applicants must develop their course material
based on the underpinning principles and
learning outcomes set out in the guidance
document HSR training course requirements.
PART 4: CONDITIONS OF
APPROVAL
In addition to the requirements outlined in Parts
2 and 3, the following conditions of approval
and ongoing approval also apply.
These conditions relate to:

Governance

Interaction with WHS regulators

Record keeping

Marketing

Compliance with legislation

Ongoing quality assurance of approved
HSR training (courses and delivery).
SafeWork SA may also impose additional
specific conditions for training providers,
trainers or course requirements.
The training provider will be notified and
provided with an opportunity to make
submissions before a final decision about
imposing variations is made.
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How to Become an approved Provider of HSR Training in South Australia
4.1 Governance
The applicant must possess—or have access
to—the
administration
resources
and
infrastructure necessary to comply with all
general and any specific conditions of approval.
Approved training providers must:

Ensure that only trainers with the
requisite qualifications, skills and
knowledge are engaged to deliver the
approved course

Not ‘sub-contract’, or ‘on-sell’ their
approved provider status to a third party
to deliver an approved HSR training
course

Provide a training evaluation form to
each participant upon completion of the
approved course of training

Issue a certificate of attendance to each
participant who completes the approved
HSR initial or refresher training within
10 working days of completion.
Certificates of attendance must contain the
following information (as a minimum):
4.2 Interaction with SafeWork SA

The name of the approved HSR training
course

The participant’s full name, as per the
registration details

Date(s) of attendance at training

The name of the trainer

The approved training provider’s name
and, if applicable, registered business
name, ABN and SafeWork SA approval
number

The date of issue of the certificate
An approved training provider must:

Cooperate with any reasonable
requirements SafeWork SA has for
ongoing
monitoring
and
quality
assurance of the approved course and
individual
trainers—for
example,
notification of future course dates.

Notify SafeWork SA in writing within 14
days of any change to the details of
the approved training provider and its
trainers, or any proposed substantial
changes to course content or delivery
method

Provide SafeWork SA with accurate
and timely annual reporting on
information including – The number of HSRs trained
and certificates of attendance
issued
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How to Become an approved Provider of HSR Training in South Australia
– Any other matters that may be
requested in writing by
SafeWork SA.

Provide assistance when SafeWork SA
is conducting an investigation into any
complaints received

Act with due diligence and in a manner
consistent
with
SafeWork
SA’s
requirement
The approved training provider should provide a copy of the certificate of attendance to the PCBU.
4.3 Record keeping
4.4 Accuracy and integrity of
marketing
4.5 Strategies to provide quality
approved HSR training
An approved training provider must maintain
the following records for seven years:

Records of all course training dates

Participant enrolment or registration
forms

Documentary evidence of the dates
that each participant was in attendance
at approved HSR training

Records
of
all
certificates
of
attendance (with unique identifying
numbers)

Participant evaluation forms

Any other relevant correspondence
between itself and SafeWork SA.
An approved training provider must:

Provide HSRs with information about
their legislative entitlement to select an
approved training course

Ensure that its marketing and
advertising of approved HSR courses
is accurate and consistent with its
approval by SafeWork SA.

Only use Safe Work SA’s logo with the
consent of Safe Work SA and in
accordance with any conditions of use
An approved training provider must:

Ensure that all training is delivered
face-to-face
in
line
with
the
underpinning principles contained in
the guidance document HSR training
course requirements

Ensure that participants commence
and complete the initial five day
training course within a six month
period

Ensure that facilities, equipment and
training materials are consistent with
the delivery requirements contained in
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How to Become an approved Provider of HSR Training in South Australia
the approved course, and also meet
with current work health and safety
requirements
4.6 Strategies to adhere to the
principles of access and equity and to
maximise outcomes for HSRs
4.7 Audit and investigation

Ensure the continuing development of
trainers in work health and safety and
trainer competence

Have defined processes that ensure
course materials remain current and
technically accurate for the duration of
its approval period

Provide an official hard copy of the
WHS Act to all course participants.
An approved training provider must:

Provide HSRs with training and support
services that meet their individual
needs in line with adult learning
principles

Have a transparent and accessible
process available to address HSR
concerns and ensure complaints about
the administration and/or delivery of a
course are addressed effectively and
efficiently

Ensure the maximum number of
participants attending each training
date does not exceed 20 unless
otherwise approved by SafeWork SA.

Ensure that those who have completed
the training are provided with a
replacement certificate of attendance, if
required, on request.
An approved training provider must cooperate
with and assist SafeWork SA staff or agents:

When they observe and monitor the
delivery of training to ensure quality and
integrity

In any review of the approved training
provider’s
conduct
to
ensure
compliance with the conditions of
approval

During any investigation
allegation or complaint

In relation to any reasonable request for
further information or assistance
of
an
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How to Become an approved Provider of HSR Training in South Australia
PART 5: RENEWAL OF
APPROVED PROVIDER STATUS
An application for renewal of an approval must be
made at least three months before an approval
expires.
If SafeWork SA takes longer than three months
to complete an assessment:
PART 6: COMPLIANCE
MONITORING AND
ENFORCEMENT

The approved provider will retain their
approval status until the assessment is
finalised, or

They are deemed not to have complied
with the conditions and requirements
and their approval status is suspended
or cancelled.
To ensure that HSRs are receiving high quality
training, SafeWork SA may conduct post
approval monitoring and quality assurance
activities.
The Heads of Workplace Safety Authorities
(HWSA) have endorsed a post approval
monitoring tool for HSR Training titled
‘Monitoring Conditions of Approval Tool’.
SafeWork SA will adapt this tool for use during
initial and ongoing monitoring and auditing
activities.
SafeWork SA may conduct audits regularly or in
response to an issue raised by a stakeholder,
and this may involve:

Attendance at a training session (at no
cost) to ensure the course continues to
meet the approval requirements

Discussing training activities
trainers and participants

Reviewing completed evaluation forms.
with
Failure to comply with conditions of approval or
cooperating with reasonable written requests
from SafeWork SA may result in suspension or
cancellation of the provider’s approval status, or
the approved course of training, or both.
SafeWork SA’s intention to suspend or cancel a
training provider’s approval status or its course
of training will be sent to the provider in writing
at least seven business days before the
decision is final.
The approved provider may be offered the
opportunity to provide SafeWork SA with further
information in that seven days before the
approval status is suspended or cancelled.
Further information on this topic is contained in
guidance document HSR Training Course
Guidance Post Approval Monitoring
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How to Become an approved Provider of HSR Training in South Australia
Introduction
ATTACHMENT 1:
Application form and checklist
Application for Approval to deliver HSR
training under the Work Health and Safety
Act 2012 (SA)
Applicants seeking approval, to conduct HSR
training, need to complete the subsequent
application form.
You need to consider the nationally recognised
conditions of approval contained in this guide.
If an applicant wishes to conduct HSR training
in more than one jurisdiction (Commonwealth,
state or territory), you should submit an
application in the jurisdiction in which you
intend to conduct most of your HSR training.
Training can only be delivered to HSRs elected
in the jurisdiction in which approval has been
granted.
You should attach information about any other
jurisdictions in which you have received
approval, or intend to deliver HSR training, to
initial application.
Once you have received approval in the initial
jurisdiction, you may apply for approval in other
jurisdictions.
Your initial application, assessment and
approval information will inform the assessment
by other jurisdictions.
You must also comply with any specific
jurisdictional requirements.
Collection of personal information
Personal information collected by SafeWork SA
is used to register, process, assess and
evaluate each application, and to verify the
qualifications and experience of trainers.
The Work Health and Safety Act 2012 (SA)
(WHS Act) states that WHS regulators may
share information about HSR training providers.
If you seek approval to deliver HSR training in
more than one jurisdiction, WHS regulators may
share information contained in your application
or obtained in the approval process.
SafeWork SA publishes each applicant’s
contact details and training provider status on
its website.
If you do not provide all of the information
required by SafeWork SA, your application may
not be processed.
Directions
1. Complete the application and attach all
requested documentation (see Part 1.3 of
this guide).
2. Ensure all nominated trainers hold the
appropriate qualifications (see Part 2 of
this guide).
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3. Complete the application and checklist and
post two (2) copies of the application to:
HSR Training Approvals
SafeWork SA
Senior Project Officer Strategic Services
GPO Box 465, ADELAIDE SA 5001
Approval process
SafeWork SA will assess applications against the requirements outlined in this guide and the guidance
document HSR Training Course Requirements.
SafeWork SA will advise applicants of the SafeWork SA Advisory Council decision in writing.
Initial approval is granted for up to five years. Training providers may be subject to audits and monitoring
during the approval period.
Failure to comply with the conditions outlined in this guide may result in suspension or cancellation of the
approval.
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How to Become an approved Provider of HSR Training in South Australia
APPLICATION FOR APPROVAL TO DELIVER HSR TRAINING
Applicant Organisation Details
Please complete the following details and check for legibility and accuracy to avoid delays in the
processing of your application.
Applicant Details
Approval must be sought to deliver all courses:
Initial 5 day HSR Training course for Health and Safety Representatives;
Refresher 3 day HSR Training course for Health and Safety Representatives;
Refresher 2 day HSR Training course for Health and Safety Representatives;
Bridging (1 day) HSR Training course for Health and Safety Representatives, and
Continuing Training Courses for Health and Safety Representatives.
Is your organisation currently approved to deliver HSR training in other jurisdictions? If yes please
indicate which jurisdictions below (Please check those that apply)
ACT
Cth
NSW
NT
Qld
SA
Tas
Vic
WA
The Authorised Officer/s are required to read and declare that their organisations can comply with
these requirements prior to approval being granted.
Registered Business Name and ABN
Is the Applicant currently registered as a Registered Training Organisation (RTO)?
Please select one – Yes
No
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Registered business name/s (trading as)
Registered Business Name
ACN
ABN
Head Office of Legal Entity Applying for Approval
Street address
Postal address
(if different from above)
Phone
Email
Mobile
Fax
Website
Principal Place of Business in South Australia (if different from above)
Street address
Postal address
(if different from above)
Phone
Email
Mobile
Fax
Website
Training Sites Details in South Australia
Address
Phone
Contact person for site
Title
Surname
Fax
Given
names
Position
Email
Training Site 2
Address
Phone
Contact person for site
Title
Mobile:
Fax
Family
Name
Given
names
Position
Email
Mobile:
Please copy table and attach additional training site information if required.
Chief Executive Officer
Title
Family
Name
Given
names
Position
Phone
Email
Fax
Mobile
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How to Become an approved Provider of HSR Training in South Australia
Contact Person (for this ATP application i.e. Training Manager)
Title
Family
Name
Position
Phone
Email
Given
names
Fax
Do you have public liability insurance?
Mobile
Yes
No
Yes
No
Policy Number:
Do you have workers compensation insurance?
Policy Number:
Please copy table and attach additional tables for each additional persons contact details if required.
That is, for a different site or location.
Applicant Organisation Details
To be completed by the Authorised Officers (s).
Please tick each box
I have read this guide and we meet the requirements and conditions outlined within it
I agree to comply with the conditions of approval in Part 4 of this guide
I have checked, validated and retained evidence of each nominated trainer’s formal qualification
and work experience
I acknowledge that any breach of the conditions of approval may result in the suspension or
cancellation of our approval to deliver HSR training.
As Authorised Officers (s), I/we declare:
That the information provided in support of this application is true and correct. Where I have provided
personal information in connection with this application about any other individual, I am authorised to
provide that information.
Name of Authorised Officer
Position
Signature
Date
Name of Authorised Officer
Position
Signature
Date
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How to Become an approved Provider of HSR Training in South Australia
Trainer qualifications
To be completed for each trainer seeking approval
Please copy table and attach additional tables for each additional person’s details if required.
Title
Given Name
Surname
Mobile
Date of Birth
Qualifications
Trainers Qualification and Experience Options
All trainers must have a combination of one of the following options:
Option 1
1. a minimum Certificate IV in Training and Assessment – TAE40110 and TAA40104 (or
equivalent); and
a. a minimum of two years’ relevant experience in an occupational or work health and
safety role;
or
Option 2
1. a minimum Certificate IV in Training and Assessment – TAE40110 and TAA40104 (or
equivalent); and
b. relevant tertiary or vocational qualifications in a field related to occupational or work
health and safety. For example, a Graduate Diploma of Occupational Health and
Safety.
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How to Become an approved Provider of HSR Training in South Australia
APPLICATION ATTACHMENT CHECKLIST
Check that documents are attached.
A completed application form is signed and dated
All associated ‘Conditions of Approval’ documentation
Trainer qualifications
Course timetable/5 days schedule etc
Session plan (content, delivery approach,
duration of exercises and activities)
Participants guide/manual with exercises and activities
Supplementary materials (learning support, handouts,
PowerPoint presentations, audio/visual
Course evaluation materials, forms and Certificate
of Attendance
NOTE: Application fee of $1,000 must be included with the application
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