Strata Scheme WHS Responsibilities

Over recent times Work Health and Safety (WH&S) incidents have become front and centre of the strata and Company title industry minds. This is mainly due to the tragic death of 2 people (one in Victoria and one in NSW). This article will not go into the circumstances surrounding each incident and the impact on owners corporations/bodies corporate or strata managers, but will instead focus on what our schemes and managers should consider and how to at least minimise risks going forward.

WH&S legislation plays a crucial role in ensuring the safety and well-being of workers across various industries. There is Commonwealth legislation and state/territory specific legislation with the purpose of entrenching these obligations across all areas including for our purposes, strata, community and company title properties.

For strata schemes, community schemes and Company title schemes – essentially property management systems where individual owners own a portion of a property and share ownership of common areas or are shareholders/directors with obligations over the property – WH&S obligations are critically important.

The following overview explains how WH&S legislation applies to our schemes in Australia, highlighting key responsibilities, challenges, and practical considerations.

Understanding strata schemes and WH&S responsibilities

Multi occupant dwellings (strata schemes, community schemes and Company title schemes) are prevalent in Australia, particularly in urban areas, and involve multiple parties including owners, tenants, strata managers, and contractors. The WH&S legislation is designed to create a safe working environment and prevent workplace injuries or illnesses. For our schemes, this responsibility extends to common property areas such as gardens, parking lots, pools, and other shared facilities. In a Company title environment, it may also extend to the internal units/apartments etc.

Under the WH&S legislation, the primary duty holders in a scheme include the corporation (owners corporation/bodies corporate or Company), strata managers, and any contractors engaged for maintenance or repair work. Each party has specific responsibilities:

• Corporation: The strata/community/Company are responsible for ensuring the safety of common areas. This includes maintaining and repairing shared facilities in a manner that does not pose health and safety risks. The corporation must also ensure that safe work practices are followed by contractors and service providers.
• Strata/community/Company managers: Managers play a crucial role in overseeing the day-to-day operations of a scheme. They are responsible for ensuring compliance with WH&S requirements by coordinating maintenance activities and ensuring that all parties adhere to safety standards.
• Contractors: Any contractors or service providers engaged by the scheme are required to comply with WH&S requirements while working on the property. This includes following safety protocols and using appropriate equipment and procedures.

This has been highlighted in the recent case where the lot owner, owners corporation and strata manager were all found guilty (and fined) for a breach of those obligations. In all cases the Court found that the relevant party did not do enough to ensure safety of the worker (who was tragically killed) and pointed to the various risk management systems and tools available which were not followed.

Key WH&S obligations for schemes – what should we do?

1. Risk management and safety assessments: The schemes must conduct regular risk assessments of common property areas to identify potential hazards. This includes assessing the safety of playground equipment, pool areas, stairways, and other communal facilities. Identifying and mitigating risks helps in preventing accidents and ensuring the safety of residents and workers.
2. Maintenance and repairs: Regular maintenance of common property is essential to avoid hazards. This involves not only routine cleaning but also ensuring that structural elements like handrails, lighting, and pathways are in good condition. Schemes must engage qualified contractors who adhere to safety standards during maintenance and repair work.
3. Emergency procedures and training: Effective emergency procedures are vital for schemes. This includes developing and communicating evacuation plans, conducting fire drills, and ensuring that safety equipment like fire extinguishers and first aid kits are readily available and maintained. Training for residents and staff on these procedures can significantly enhance safety.
4. Contractor management: When engaging contractors for work on common areas, schemes must ensure that contractors have appropriate licenses, insurance, and safety protocols. This includes verifying that contractors are compliant with WH&S requirements and that their work does not pose a risk to others.
5. Incident reporting and investigation: Any incidents or accidents occurring in common areas must be reported and investigated. The scheme must have a procedure for reporting and recording incidents, and it should take appropriate actions to address the causes and prevent future occurrences.

This in recent times has become the focal point under the recent NSW case. When an incident occurs, all parties along the chain must take immediate action to ensure safety, rather than waiting for others to act.

Challenges and considerations

Schemes often face several challenges in implementing effective WH&S practices:

1. Diverse stakeholders: With multiple parties involved – owners, tenants, managers, and contractors – coordinating WH&S efforts can be complex. Clear communication and defined roles and responsibilities are essential to manage safety effectively.
2. Aging infrastructure: Many schemes are located in older buildings where infrastructure may not meet current safety standards. Upgrading facilities to meet modern safety requirements can be costly and logistically challenging.
3. Compliance and enforcement: Ensuring that all parties adhere to WH&S regulations requires diligent oversight. Managers must stay informed about changes in WH&S laws and ensure that all safety protocols are consistently followed.
4. Budget constraints: Schemes often operate within tight budgets, which can impact their ability to implement comprehensive safety measures. Balancing cost with safety is a critical consideration for schemes.

Overall, from the cases the Courts are not interested or considerate of schemes who do not ensure a safe environment regardless of the circumstances. If we do not look after our buildings, then we assume the responsibility for anything that goes wrong.

Conclusion

WH&S legislation is fundamental to maintaining a safe environment in schemes across Australia. By understanding and fulfilling their obligations, strata, community and Company title schemes, managers, and contractors can effectively manage risks and ensure the well-being of all residents and workers. While challenges exist, adopting practical safety measures and fostering a culture of safety can significantly enhance WH&S outcomes, leading to a safer, healthier living environment.