At Jamesons Strata Management, we’re committed to ensuring that your strata property is safe, comfortable, and well-managed. One key aspect of this commitment is prioritising Work Health and Safety (WHS) within all shared spaces. Keeping these areas safe isn’t just about protecting everyone who lives, visits, or works within your building, it is a legal obligation.
To support you in understanding your responsibilities, we’re covering the essentials of WHS in strata buildings, as set out in the Strata Schemes Management Act 2015, and highlighting what you, as an owner, need to know.
What are the WHS legal obligations for strata schemes?
WHS obligations in strata buildings are covered under Part 8, Division 1, Section 106 of the Strata Schemes Management Act 2015. This section outlines the requirement for strata schemes to maintain and repair common property and to take all reasonable steps to ensure the safety of residents, workers, and visitors within shared areas.
In addition to this, owners corporations are legally considered a PCBU (Person conducting a business or undertaking and also classified as a PMCS (person with management and control of a workplace) which means they have legal obligations under the Work Health and Safety (WHS) Act 2011 and its supporting regulations:
- Duty of Care (Section 19): The Owners Corporation, as a PCBU, must ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by work carried out in the common areas of the building. This includes ensuring that the building’s common property is safe and without risks to health.
- Risk Management (Section 20-22): Owners Corporations must identify and manage risks associated with common property. This includes conducting risk assessments of shared areas (e.g., corridors, stairwells, and gardens) and taking steps to control hazards, such as maintaining fire safety equipment, ensuring proper lighting, and addressing any trip hazards.
- Consultation and Communication (Section 47): The Owners Corporation must consult with workers (such as contractors or employees of the building) on matters relating to health and safety. This may involve regular discussions about ongoing or planned maintenance work that could affect the health and safety of building occupants.
- Providing Information, Training, and Supervision (Section 19(3)): The Owners Corporation is required to ensure that contractors, service providers, and other persons working on the common property have the necessary training, information, and supervision to perform their tasks safely.
- Maintenance of Common Property (Regulations): The Work Health and Safety Regulation 2017 also outlines specific requirements for maintaining the safety of shared spaces, including fire safety and ensuring that emergency exits are kept clear and accessible. Owners Corporations must comply with these regulations, which often involve regular checks and maintenance on systems such as lifts, fire alarms, and evacuation routes.
Your Responsibilities as an Owner
As an owner, you have specific duties when it comes to WHS:
- Maintain Common Property: It’s essential to regularly assess common property, such as hallways, staircases, shared facilities, and exterior areas, to ensure they remain hazard-free.
- Contribute to WHS-Related Expenses: Financially, you’re responsible for contributing to WHS-related expenses through strata levies. These funds are used to cover the maintenance, upgrades, and repairs necessary to keep common property safe and compliant with WHS requirements.
- Support Safety Measures and Inspections: In some cases, additional inspections or risk assessments may be required to comply with WHS standards, especially if the building has specialised amenities or older structures or is a full commercial site.
- Ensure Compliance During Renovations: If you’re planning renovations, ensure that contractors follow WHS guidelines. For instance, working at heights or handling hazardous materials (like asbestos in older buildings) must be done safely and responsibly.
The Financial Implications
Managing WHS in strata properties is an investment in safety, but it does have financial implications. Costs can vary depending on the size and age of the building, the level of wear and tear, and the complexity of any required repairs or safety installations. These costs are typically covered by your strata levies, which contribute to a sinking fund for long-term repairs and a capital works fund for WHS improvements.
Owners should be aware that failure to address WHS concerns can lead to penalties (of up to $225,000 for serious breaches), legal liability, and in severe cases, injury or harm. Maintaining a well-funded sinking and capital works fund is essential to avoid unexpected out-of-pocket expenses.
Our Recommendations for WHS Best Practices
- Engage in Regular WHS Audits and Risk Assessments: This ensures early identification of hazards and reduces the risk of incidents. We can help schedule periodic WHS audits for common areas and identify necessary safety improvements.
- Invest in Maintenance and Upgrades: Maintaining safety features such as lighting, security systems, and safety signage is key. We recommend regular maintenance and, when necessary, upgrading facilities to meet current WHS standards.
- Educate Owners and Residents: Providing information on emergency procedures, safe practices, and proper use of shared spaces is essential. We’re here to help you with resources and updates to keep all residents informed and engaged in WHS practices.
- Set a Proactive WHS Budget: Being proactive by allocating funds for WHS needs can make a significant difference. This budget allows us to address any issues as they arise without burdening owners with unexpected costs.
- Encourage Communication: Owners should feel comfortable reporting any WHS concerns, knowing that swift action will be taken. Clear, open communication about WHS matters fosters a safer, more proactive environment.
WHS is a legal obligation and a shared responsibility that benefits everyone within a strata building.
As an owner, you have specific responsibilities, including maintaining common areas, contributing to WHS-related expenses, supporting safety inspections, and ensuring compliance during renovations. We recommend regular WHS audits, investing in safety upgrades, and fostering open communication to create a proactive safety culture.
If you have any questions about your WHS responsibilities or need assistance with compliance measures, please don’t hesitate to reach out to us – we’re here to help guide you in maintaining a safe, compliant, and happy community.
