Our Compliance Reports (Safety Reports) can be a great tool for strata schemes and owners to ensure that the common property is a safe environment for all workers, tenants, owners and visiting members of the public.
What obligations does the Strata Scheme have?
Under the Work Health and Safety Act if your strata scheme is a ‘Person Conducting a Business or Undertaking’ (PCBU) you will have obligations to ensure health and safety for the common property. While there has been an attempt to exclude strata schemes from the Work Health and Safety obligations, the definition is very limited.
A strata scheme will be a PCBU, and therefore not exempt, if:
- It employs anyone
- Any of the lots are used for non-residential purposes, this includes
- Short term letting
- Commercial use in any of the lots, such as a home business
- Leases over common property
- The common property is used for commercial purposes, such as boot camps, aqua aerobics
- Owners are allowed to perform work or maintenance, such as gardening, on the common property
As it is almost impossible to ensure occupiers do not conduct business from their lots (which may include working from home in any capacity), the reality is that this exemption will have little application.
What are the fines for non-compliance?
The penalties for noncompliance are severe, in the case of a serious accident resulting in death, the fines can be:
$3 million for Strata Scheme
$600,000 for individuals such as committee members and owners
and/or 5 years jail
What do you need to do to comply?
If your strata scheme is a PCBU then a safety report from a reputable company, such as Solutions in Engineering, can help meet your obligations. Solutions in Engineering offers strata schemes and businesses a ‘Compliance Report’, which includes:
- Inspection of the common property and provide a report that clearly identifies hazards;
- Assessment of the risks that may result from those hazards;
- Recommendations to manage the risk
- Contractors Safe Working Agreement; which is required under the Work Health and Safety
- Compliance Report Update Schedule
- Implementation Plan
- Property Profile (Site information for workers)
- Job Safety Analysis Worksheets
For more information, please see our Fact Sheets.