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Administrator Posted 24-10-2011 LIS

Health and safety compliance

email submission: I am writing as Secretary of an Executive Committee of a strata scheme in Sydney. By way of background, to this point the EC has sought to ensure the health and safety of residents in terms of by-laws outlined in the Strata Scheme Management Act 1996. Unfortunately, some owners have been unwilling to comply. Now the EC is in the process of clarifying its legal responsibility in regards to contracted workers visiting our common property on a regular basis along with visiting one off tradespersons and as well, residents whose apartments are their registered offices of business and visitors associated with their businesses accessing common property. In the face of continuing disagreement on the part of some owners regarding the need for a health & safety audit of common property to be undertaken, and in view of an ambiguity in terms of the health & safety strata exemption clause that omits any exemption to workers and working visitors visiting common property under the Act, the OC needs to know one way or the other if it is in anyway liable to protect its self and legally offer a safe and healthy environment for visiting workers or working visitors. As well, the National Review into Model OHS Laws (published by ISTM) that the exemption only applies to owners cooperations in certain limited situations. What exactly are these certain limited situations? Is the Owners Corporation the controller of the premises, in our case, where some apartments are used as places of work? We would greatly appreciate your prompt response on this matter.

Updated on 25-10-2011

Vannessa Pellatt

Vannessa Pellatt

posted the reply 25-10-2011

Hi, 1. The simplest way to ensure you are protected on Common Property is to ensure they fill out a Work Method statement. http://www.workcover.nsw.gov.au/formspublications/publications/Documents/writing_work_method_statement_plain_english_guidelines_0231.pdf This helps to protect the Strata and its insurances. Dont get to carried away with something you cannot control 100%. This is why you have insurances, that covers Common Property. You do the best you can (such as implementing the above) which shows due diligence of the Committee. The main question I have is are your units full residental? If so, are you allowed under Council regulations to have a business being run from these units? This will effect your insurance coverage if people are using units for commercial purposes and are not supposed too. It could make an insurance claim void if something happens. I would first be looking at the proper use of the complex, Council regulations, purpose of buisness before getting to involved in the OHS Law review. Le t me know if I can help you further. Vannessa

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