Who's responsible for Occupational Health and Safety?
Occupational health and safety is a very serious issue for strata managers and owners corporations. Failure to comply with OH&S regulations can result in heavy fines (up to $1.6 Million) and or imprisonment (up to five years). Yet surprisingly, many Strata Managers remain unaware that it is now their responsibility to ensure that the property and common areas are assessed and checked to be a safe environment for all users.
The OH&S Act specifically states that "if a corporation owes a duty of care under Part 2 with respect to the health or safety of any person, any director or other person concerned in the management of the corporation is taken to also owe a duty."
"Many Strata Managers do not realise this means the buck stops with them," said Chris Barker, Senior Building Consultant for Washington Brown. "The wording of the Act means Strata Managers are legally required to ensure compliance or they are liable for damages."
"And more concerning is that there is the general belief that any fines, penalties or punitive damages awarded for non compliance would be covered under insurance. But this is not the case," he added. "Insurance policies require you to meet lawful statutory obligations so failure to comply with the OH&S Act would void your strata insurance."
"We are recommending our property management clients be proactive in demonstrating compliance. Not only will an OH&S report give you peace of mind, it will protect you financially should there be an accident."
How do you ensure compliance?
It is recommended by Workcover NSW that an OH&S audit report is undertaken to ensure compliance with the OH&S Act. This report can be conducted by a Professional Chartered Building Consultant who will provide a detailed report outlining the health and safety risks of a property and document compliance with the Act.
How often do I need to get an OHS report?
There is no official time constraint but because new risks can arise anytime due to wear and tear we recommend annual updates. The report should also be updated when any changes to the property occur.
If you have questions about your legal obligations or would like to commission an OHS Audit for your property, please contact Chris Barker on 1300 99 06 12 or send him an email.