Ensuring Work Health and Safety in Strata Schemes: Legal Obligations for Bodies Corporate
The recent prosecution of a strata scheme after the tragic death of a man in New South Wales is a sobering reminder for Bodies Corporate of the critical need to uphold legal obligations and ensure the safety of common property areas.
In June 2020, a heavy industrial gate in a NSW strata scheme was damaged and subsequently handled incorrectly by the Owners Corporation, leading to the death of the 64-year-old man. The court found that the Owners Corporation had failed to take necessary steps to secure the gate, conduct a risk assessment, and communicate the dangers to residents and visitors. As a result, the strata scheme was held liable under Work Health and Safety (WHS) legislation. A stark reminder of the consequences that can arise when WHS duties are neglected by Bodies Corporate.
This case underscores the importance of understanding and fulfilling WHS obligations. Under Australian law, those who manage or control a workplace – including Bodies Corporate – are required to ensure, as far as is reasonably practical, that the workplace is safe and free from hazards. This includes maintaining common property, providing safe access, and promptly addressing any risks that arise.
Key Responsibilities for Bodies Corporate:
Risk Assessments: Regular risk assessments are essential for identifying potential hazards in common areas. This proactive approach helps prevent accidents and ensures compliance with WHS laws.
Maintenance of Common Property: Ensuring that all common property is well-maintained and safe for use is a legal requirement. Any issues, such as malfunctioning equipment or structural damage, must be addressed immediately.
Communication: Effective communication with residents and visitors is crucial. If a hazard is identified, all occupants should be informed, and clear instructions should be provided to avoid the danger.
Safe Work Methods: Developing and implementing safe work method statements (SWMS) for tasks that pose risks, such as the manual operation of machinery, is necessary to protect both workers and residents.
Proactive Management: Bodies Corporate must take a proactive approach to WHS, ensuring that regular safety audits are conducted, and that all potential risks are addressed promptly.
The implications of Bodies Corporate failing to meet their obligations can be severe, both legally and financially. The case of the NSW strata scheme illustrates how neglecting WHS duties can lead to tragic outcomes and significant legal consequences.
Ongoing education and a commitment to maintenance and safety by Bodies Corporate can help prevent accidents, ensure that all legal responsibilities are met, and ultimately protecting themselves from legal liabilities.
