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Chapter 9 of the Occupational Health and Safety Regulation 2001 requires people to hold a relevant certificate of competency before operating certain equipment and machinery, or undertaking certain tasks.
From 1 September 2009, registered training organisations (RTOs) will manage all of the training and assessment for high-risk work licences in NSW. The new licence will be called a National licence to perform high risk work (HRW licence), and will be recognised in all states and territories. National certificates of competency (NCOCs) are also recognised nationally, but will be replaced with the new high-risk work card at their five-year renewal date.
In order to obtain a high-risk work licence, applicants must:
- be at least 18 years of age (unless exempted by WorkCover NSW)
- be enrolled in a recognised course of training with an RTO
- truthfully complete the appropriate WorkCover licence application form
- be assessed by an accredited certificate assessor
- provide documentary evidence of competence
- pay the set fee.
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No. A licence applicant must engage with an RTO before proceeding to a high-risk work licence assessment with a WorkCover accredited assessor. The RTO will determine when the applicant is ready for assessment.
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What is involved with the training of HRW?
The National standard for licensing persons performing high risk work (National Standard) provides structure around the delivery of training by specifying a number of training units that must be delivered by a registered training organisation (RTO) for a licence to be issued.
While there is a structure, it stills provides for a combination of formal and informal training methods, depending on the arrangements made between the applicant and the RTO, or the employer and the RTO.
For example:
- an RTO could set up an on-the-job training program that a suitably qualified employer can supervise and deliver, with the RTO assessing periodically when the employer determines that a training element has been satisfied
- a participant may attend a standard training course at the RTOs premises.
As the units are competency based, the length of training may increase or decrease depending on the competency of the learner, meaning that a person may only need to spend a small amount of time in a training component as they are able to demonstrate competency sooner.
The system also provides for recognition of prior learning (RPL) for the training component – ie experience and other qualifications considered in lieu of completing the course, with the final licence assessment being the only component that is unable to be waived.
If the arrangement is to be performed on-the-job, the following format is generally applied:
- Employer engages a registered training organisation (RTO) to oversee the training and assessment program.
- Employer identifies a suitably qualified supervisor in the workplace to oversee the trainee's completion of training. The supervisor must have at least an equivalent licence class for the work in which the person is being trained (see clauses 264G and H of the Occupational Health Safety Regulation 2001).
- The RTO develops a training plan in consultation with the employer.
- Employer ensures that the person undertakes the training set out in the training plan and records progress in the training record/logbook.
- The RTO monitors progress of the trainee against the training plan and identifies areas where additional training may be required.
- The RTO evaluates competency by reference to the entries within the training records against the elements within the unit of competency.
- Once the person has achieved competency for the training component (formative assessment), the RTO will book in the assessor (WorkCover accredited) to perform the licence assessment.
- If competent, the assessor will issue two copies (white and pink copies) of a notice of satisfactory assessment (NSA) – with the white copy to be lodged at Australia Post within 60 days (together with the relevant identification and fee). The RTO will then issue the overarching statement of attainment (summative assessment) for both components (training and assessment). However, this statement need not be lodged with Australia Post or WorkCover, and may be issued some time after the assessment. A person may operate under the pink copy of the NSA while the card is being processed.
- If unsuccessful, the assessor will issue an assessment summary (AS) and the RTO will again arrange a training and assessment plan with the employer for the areas not achieved. However, it must at least 21 days before the licence assessment can be conducted again.
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Yes. Practical training (on-the-job) can be undertaken in the workplace as part of the productive work of the trainee, or in a training facility that includes a simulated work environment, or using a combination of both these training environments. The specific arrangements are contained within the training and assessment plan developed between the applicant and the RTO, or the employer and the RTO.
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The only exception for a person performing high-risk work without a licence is a trainee undertaking recognised training through an RTO. The RTO will provide the applicant with a record of training (logbook).
Logbook is to contain the name and address of the trainee and the name and address of the RTO. The following information must be completed in the record at the completion of each training session (clause 264H OHS Regulation 2001):
- a signed entry by the supervisor on each occasion of training, including the supervisor's name and licence number
- a description of the tasks performed during any such training, including the type of equipment used or operated and the outcomes achieved
- a record of the dates and times during which that work was done.
Maximum penalty: Level 1
The RTO evaluates competency by reference to the entries within the training records against the elements within the unit of competency.
Once the person has achieved competency for the training component (formative assessment), the RTO will book in the assessor (WorkCover accredited) to perform the licence assessment.
Previous WorkCover or employer logbooks are no longer suitable for new applicants, as they do not capture all of the required information, but may be used as evidence for an RPL application if they commenced training prior to 1 September 2009.
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A licence to perform high-risk work is automatically recognised throughout Australia. Licences do not have to be changed to work interstate. Current NCOCs are also recognised nationally, but will be replaced with the new high-risk work card at their five-year renewal date.
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HRW licences can be suspended or cancelled if:
- the holder is found to be no longer competent to do the work covered by their licence
- the holder is convicted of an offence related to work covered by the licence
- the licence is gained using false or misleading information.
Licences issued by other jurisdictions may be suspended and cancelled on advice given to the certifying authority by WorkCover. A NSW licence may be suspended or cancelled on advice received by WorkCover from another certifying authority. Before proceeding, a written notice will be sent out advising the holder of their rights. If a decision is taken to suspend or cancel a licence, there is a right of appeal. Cancelled licences must be surrendered to WorkCover within 14 days.
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Photographic licensing is aimed at reducing fraudulent copying and swapping of licences. Photographs ensures identity fraud does not occur and ensures people are not put at risk of injury because of someone attempts to carry out work under another person’s licence.
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The National Standard requires licences to be renewed every five years. In doing so, occupational health and safety regulators are able to maintain current records on licence holders, which in turn makes compliance and enforcement activities more efficient, and allows for updates and important information to reach licence holders.
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An RTO must ensure that a trainee doing any kind of high risk work:
- does the work under the supervision of a supervisor
- keeps and maintains a record of training in accordance with the requirements of clause 264H.
A trainee must always be under the direct supervision of a person who holds a licence relating to the high-risk work being supervised, unless the employer of the trainee or the supervisor has established:
- that the circumstances of a particular task make direct supervision impractical or unnecessary
- the trainee’s competency is such that direct supervision can be reduced
- that a lesser degree of supervision would not endanger the health or safety of the trainee or anyone else.
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A record of training (logbook) must be maintained in accordance with the National Standard and OHS Regulation 2001. The record must include:
- the name and address of the trainee
- the name and address of the RTO.
The following information must be completed in the record at the completion of each training session (clause 264H OHS Regulation 2001):
- a signed entry by the supervisor on each occasion of training, including the supervisor's name and licence number, and
- a description of the tasks performed during any such training, including the type of equipment used or operated and the outcomes achieved, and
- a record of the dates and times during which that work was done
Maximum penalty: Level 1
The RTO evaluates competency by reference to the entries within the training records against the elements within the unit of competency. Once the person has achieved competency for the training component (formative assessment), the RTO will book in the assessor (WorkCover accredited) to perform the licence assessment (summative assessment).
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An applicant may present ‘old style’ logbooks to an RTO as proof of training or on-the-job training. The RTO can assess these entries and the range of activities against the recognised training requirements in what is known as an application for recognised prior learning (RPL). If satisfied, the assessor will be booked for the licence assessment.
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RPL is unable to be granted for the licence assessment component. An applicant must either undertake training or meet the requirements prescribed within training components (as determined by an RTO) before proceeding to a licence assessment for high-risk work.
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