Address WHS Non-Compliance Assessment Task 3 Solutions

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Assessment Task 3 – Address WHS Non-Compliance


Section 1: Identify WHS non-compliance



In your role as AWC’s safety advisor, you are conducting an on-site inspection at 12 Maddison Place. Today’s scheduled work activity involves removing a small single asbestos sheet (non-friable/bonded) in preparation for the installation of an air conditioner. The single asbestos sheet is 2m2 in total.


You observe that one of the labourers (Athol O’Sullivan) who is setting up for the removal of asbestos is wearing a bandana instead of the required Respiratory Protective Equipment (RPE). Upon seeing this you immediately direct the worker to cease work before removing the asbestos.


You then ask the site supervisor if you can view the relevant Safe Work Method Statement (SWMS), available on the AWC intranet. As you review the SWMS, you identify that the worker has signed onto the SWMS as per their legislative requirements, but they have failed to apply the RPE control measures. You decide to further inspect the site to see if any other controls have been missed in setting up for the removal and to your surprise, the boundary/exclusion controls are not implemented.


When you question the supervisor on why Athol does not have the correct RPE and why an exclusion zone has not been set up, the supervisor gets Athol to come over to join the conversation. Athol’s response is he didn’t believe it was such a big deal to follow for such a small job and he’s been doing this job for a long time and had no issues. The supervisor responds that they did all they can.


1. Identify two internal and external sources of health and safety information you will need to review to identify areas of non-compliance. Describe where you will access these resources from.

2. Review the WHS legislation for your state. Identify how the supervisor’s and Athol’s actions are in breach of their WHS duties under the Act.

3. As noted in legislation, a PCBU may require a license to undertake some types of asbestos removal. Access the regulatory website and review the code of practice for removal of asbestos. Identify if this job requires the PCBU to hold a licence.

4. Identify three of AWC’s policies and procedures that comply with regulatory requirements regarding assessing and controlling risks associated with this work task.

5. Outline how the supervisor’s behaviour does not align with AWC’s standards, values, and reputation.

6. When investigating compliance matters you may need to seek legal advice. Identify two legal advisors you could contact during the investigation to help you understand the PCBUs and worker’s responsibilities and legalities around compliance.


Section 2: Identify reasons for WHS non-compliance



Following on from the site inspection you consult with Athol and the supervisor, you advise the supervisor that the SWMS must be followed as per their legislative requirments. When discussing this matter with the supervisor it becomes apparent that you will need to provide further training/coaching on the importance of implementaing safety procedures and ensuring wokers follow these procedures.


Before reporting and addressing this issue you meet with the health and safety committee to ensure you have a good understanding of:

  • The task
  • What barriers you may face and how to overcome them


Task 3: Worksite Non-Compliance – Section 2 Observable Skills

1.       Reviewed WHS documentation and organisational policies and procedures relevant to the task
2.       Actively participated in discussions when gathering information for consideration in identifying causes
3.       Examined proposed solutions and identified risks to these options to determine best solution/s
4.       Completed non-compliance assessment as per workplace instructions

Section 3: Inform management of WHS non-compliance



As a result of your WHS site inspection and the outcomes from the committee meeting you are required to send an email, to the WHS manager for your state, to report the issue. Refer to AWC’s organisational chart to find out who the WHS manager is for your state. As per organisational security requirements you must not refer to the people involved in WHS non-compliance and incidents by name when emailing others.


Section 4: Develop an individual performance plan



Your WHS manger has asked you to draft a performance plan for the supervisor that will assist in overcoming the identified issues of non-compliance as per your recent email. The objective of this plan is to address the supervisor’s lack of knowledge regarding their responsibilities in the safe removal of non-friable asbestos and ensuring proper controls are implemented.


The WHS manger informs you that the plan must:

  • Determine the goal and safety key performance indicators (KPIs) that will be used to measure the success of the plan
  • Include further training opportunities in regard to asbestos and implementing SWMS
  • Outline the steps the supervisor and others must take to implement this goal
  • Be stored and secured as per organisational requirements. File names must include the name of the person who created the document and uploaded to the required area


Section 5: Role play



Now that you have drafted an individual performance plan for the supervisor, you will need to meet with them to review your proposed performance plan and make any adjustments as required. This is in line with AWC policy ‘AWC-HR-PRO-001’.


Task 3: Worksite Non-Compliance – Section 5 Observable Skills

1.       Explained own role and responsibilities in this consultation and the individual’s role in the consultation process
2.       Clearly explained the purpose of the meeting
3.       Outlined the importance of following organisational work procedures and WHS legislation
4.       Explained how to find relevant WHS legislated material and organisational policies, procedures
5.       Discussed what changes the person needs to make to ensure they meet organisational values and standards
6.       Provided the individual with a performance plan and facilitated a discussion on how to implement the plan
7.       Sought feedback and relevant information on the proposed plan and adjusted the plan accordingly
8.       Communicated in a way that upholds the organisations values and standards