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WHSQ Warns RTO's Delivering Licenced Outcomes

Workplace Health and Safety Queensland (WHSQ) continues to identify a substantial number of instances where Registered Training Organisations (RTOs) have not ensured compliance with sections of the Workplace Health and Safety Regulation 2008 (the "regulation") relating to the training and assessment of applicants for high risk work licences and earthmoving and particular crane certificates prior to issue of the relevant statements of attainment.

Accordingly, WHSQ is seeking your cooperation in relation to the following regulatory requirements:

(please note that penalty provisions apply to non compliance in many instances)

• Ensuring assessors are approved to conduct assessments in the relevant competency (section 66 regulation);
• Ensuring the trainee is receiving formal training and informal learning under a training plan (sections 31, 33,63(a)(i) regulation);
• Ensuring written training records (log books) are properly completed (sections 35, 36, 63(a)(i) regulation);
• Ensuring written evidence supporting recognition of prior learning is obtained and held (section 63(a)(ii) regulation);
• Ensuring oral/written assessments and written assignments (where applicable) are accurately and fully marked by assessors (section 64(4)(a) and (c) regulation);
• Ensuring documented evidence exists of the full conduct of performance assessments by assessors (section 64 (4)(b);
• Ensuring performance assessment is conducted after conduct of oral/written assessment and written assignments (where applicable) (section 63(b)(i) and (ii) regulation).

Please be aware that in the event that such non compliances are identified, in addition to any enforcement which may be instituted against RTOs and assessors, validation of the evidence upon which a statement of attainment was issued may be sought.

Potential consequences of such validation evidence being sought may include:

• Suspension of a high risk work licence or earthmoving or particular crane certificate issued to a person trained or assessed by an RTO pending supply of validating evidence;
• Cancellation of a high risk work licence or earthmoving or particular crane certificate issued to a person trained or assessed by an RTO in the event sufficient validating evidence is not supplied;
• Delay in approving an application for issue of a high risk work licence or earthmoving or particular crane certificate to a person trained or assessed by an RTO pending supply of validating evidence;
• Refusal of application for issue of a high risk work licence or earthmoving or particular crane certificate to a person trained or assessed by an RTO in the event sufficient validating evidence is not supplied.

WHSQ is seeking your cooperation in ensuring that full and appropriate records of all training and assessment undertaken are maintained and that your assessors are aware of their obligations in the conduct of assessments.