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 Page 3 of 21 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. Page 4 of 21 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 Page 5 of 21 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. Page 6 of 21 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. Page 7 of 21 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 Page 8 of 21 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 Page 9 of 21 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. Page 10 of 21 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 Page 11 of 21 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 Page 12 of 21 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 Page 13 of 21 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 Page 14 of 21 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). Page 15 of 21 How to Become an approved Provider of HSR Training in South Australia 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. Page 16 of 21 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 Page 17 of 21 How to Become an approved Provider of HSR Training in South Australia 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 Page 18 of 21 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 Page 19 of 21 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. Page 20 of 21 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 Page 21 of 21
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