Occupational Health and Safety

The national harmonisation of WH&S laws commences on the 1/1/2012. The WH&S Act 2011 replaces the Qld WH&S act 1995. There is no grace period after commencement.

The major changes include:

Workplace Health & Safety Officers no longer need to be appointed. However, it is a requirement for business operators to be familiar with the risks and hazards associated with their operations. Workers must exercise reasonable care that their acts or omissions don’t adversely affect the health and safety of all persons at a workplace.

Asbestos Containing Materials (ACM) registers are required for workplace buildings built up to 31 December 2003. The former cut off date in Queensland of 1 January 1990 will no longer apply. Presence and location of asbestos to be indicated and if reasonably practicable by a label.

Registered items of plant only have to be renewed every 5 years rather than annually. If a Body Corporate engages any worker as an employee, it will be a PCBU (Person Conducting a Business or Undertaking) and have duties under the Act, to ensure so far as reasonably practicable:

1. The health and safety of its workers in the workplace.
2. The means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.
3. The fixtures, fittings and plant are without risks to the health and safety of any person.

Also, if a Body Corporate is responsible for common areas used for commercial purposes then it has duties of care under the Act for these areas.

For further information visit: http://www.deir.qld.gov.au/workplace/law/harmonisationohslaws/index.htm  

In 2008, Workplace Relations Ministers from around Australia agreed to nationally harmonise work health and safety (WHS) laws. Each State and Territory will commence their work health and safety laws, on 1 January 2012.

On 26 May 2011 Queensland Parliament became the first to pass the Work Health and Safety Act 2011 (the WHS Act 2011).

A body corporate has an obligation to ensure that the common areas are safe for workers, residents and visitors.  The starting point is a Work Place Health and Safety Report.  This document will advise the body corporate on safety issues that need to be addressed, e.g. swimming pools, air conditioning plant, lifts and the common areas are being inspected and tested in accordance with relevant Australian Standards and Codes of Practice.

Have a look at the reports for your building and see how often it is reviewed. It should be done yearly and the recommendations should be acted upon.