strata title bodies corporate and the work health and safety … · today’s topics 1. about...

Strata Title Bodies Corporate and

the Work Health and Safety Laws

Workplace Health and Safety Queensland

Today’s topics

1. About Workplace Health and Safety Queensland

2. Frequently asked questions: Strata Title Bodies

Corporate and the Work Health and Safety Laws

3. Play it safe with asbestos: tips for property

managers

4. Where to find out more

About Workplace Health and safety Queensland

Workplace Health and safety Queensland is responsible for improving workplace health and safety in Queensland and helping reduce the risk of workers being killed or injured on the job.

WHSQ enforces workplace health and safety laws, investigates workplace fatalities, serious injuries, prosecutes breaches of legislation, and educates employees and employers on their legal obligations.

WHSQ also provides policy advice on workers' compensation matters.

Frequently asked questions:

Strata Title Bodies Corporate and

the Work Health and Safety Laws

Are strata title bodies corporate of wholly residential strata schemes covered by the new work health and safety laws?

• No, unless they directly employ a worker.

• Under the new work health and safety laws duties apply

to persons conducting a business or undertaking. Strata

title bodies corporate are however exempt from

coverage if:

– they do not engage any workers as employees, and

– the common areas the body corporate is responsible

for are used only for residential purposes

(Source: Safe Work Australia, August 2012)

Independent contractor or employee?

An independent contractor operates a business entity that produces

a result for an agreed price. There are key differences between

Independent contractors and employees.

In most cases you are an independent contractor if you:

• are paid for results achieved

• provide all or most of the necessary materials and

• equipment to complete the work

• are free to delegate work to others

• have freedom in the way you work

• provide services to other businesses

• are free to accept or refuse work

• are in a position to make a profit or loss.

(Source: The essential handbook for independent contractors, Commonwealth of Australia,

Department of Industry, Innovation, Science, Research and Tertiary Education)

Employees

Generally a worker is an employee if he or she:

• is paid for time worked

• receives paid leave (for example personal, annual or recreation, or long service leave)

• is not responsible for providing the materials or equipment required to do the job

• must perform the duties of the job position

• agrees to provide their personal services

• works hours set by an agreement or award

• is recognised as an integral part of the employer’s business

• takes no commercial risks and cannot make a profit or loss from the work performed.

(Source: The essential handbook for independent contractors, Commonwealth of Australia,

Department of Industry, Innovation, Science, Research and Tertiary Education)

Why are residential strata schemes exempt?

The new work health and safety (WHS) laws treat owners and

occupiers of residential units or flats in the same way as owners

and occupiers of detached residential dwellings.

Any place where a worker is working is a ‘workplace’ under the

New WHS laws.

In general if work is carried out from or at a person’s home:

– the person conducting the relevant business or undertaking owes general work health and safety duties to the worker

– the worker and other persons at the workplace must take reasonable care

– the owner/occupier of the home does NOT owe duties as the “person with management or control of the workplace” –unless the place is used as a nursing home, hospice or for similar purposes.


Are strata title bodies corporate of wholly residential strata schemes always exempt?

• No. If a strata title body corporate engages a worker as an employee (for example a caretaker) then the exemption no longer applies.

• In these circumstances the strata title body corporate has the duties of a person conducting a business or undertaking under the new work health and safety laws.


Does engaging people to do repairs or maintenance affect the exemption?

• No. If a contractor such as a plumber or electrician is

engaged to carry out maintenance or repair work then the

exemption still applies.

• The exemption only stops if a worker is engaged as an

employee.


Does the exemption apply if an occupant conducts a business from a residential unit?

Home-based businesses can be conducted in a

residential unit without it affecting the exemption status

of the strata title body corporate.


How do the new work health and safety laws apply in relation to mixed and commercial strata schemes?

The exemption only applies in relation to common areas

used only for residential purposes. This means that for:

– mixed residential/commercial schemes: the exemption only applies to the common areas of the scheme that are used only for residential purposes, and

– commercial strata schemes: the exemption does not apply.

If the exemption does not apply, then the strata title body

corporate has the same duties under the work health and

safety laws as any other PCBU in relation to the premises.


What kinds of duties apply under the new work health and safety laws if no exemption applies?

• If the strata title body corporate is not exempt from the

work health and safety laws it must ensure, so far as is

reasonably practicable:

– the health and safety of its workers

– the entrance and exit of a workplace and anything

arising from the workplace is without risks to the

health and safety of workers and other people, and

– fixtures, fittings and plant (machinery, appliances,

equipment and tools) at a workplace are without risk

to the health and safety of workers and other people

at the workplace


How can strata title bodies corporate ensure that contractors work safely?

Strata title bodies corporate should:

– do a reference check to ensure contractors have a good safety

record, and the necessary licences and insurance policies

– consult, cooperate and coordinate activities with contractors

including:

• advise the contractor of any known risks at the workplace

• ensure the work is satisfactory and there are no safety

concerns

• discuss and resolve safety issues that may arise, and

• ensure the contractor prepares a safe work method

statement if high risk construction work is undertaken.


Play it safe with asbestos:

tips for property managers

Play it safe with asbestos: tips for property managers

Asbestos is a a naturally occurring mineral made up of

strong fibres that have fire, heat and chemical resistant

properties.

Asbestos fibres:

• are 50 to 200 times thinner than a human hair

• can float in the air for a long time

• are invisible to the naked eye, and

• can be breathed into the lungs

Source: Play it safe with asbestos: tips for property managers,

Workplace Health and Safety Queensland


Why is asbestos dangerous?

• Asbestos can pose a risk if fibres become airborne, are

inhaled and reach deep into the lungs in sufficient quantities.

• These fibres are a major health hazard and can cause

serious asbestos-related diseases that can take decades

to become apparent.


Breathing in asbestos fibres has been linked to three

respiratory diseases:

• Asbestosis: progressive and irreversible scarring of

lung tissue that impairs breathing

• lung cancer

• Mesothelioma: a cancer of the linings around the lungs

and abdomen

How do I know if a property I managecontains asbestos?

It is often very difficult to identify asbestos by sight.

As a general rule, if a house was built:

• before the mid 1980s, it is highly likely that it would

have some materials containing asbestos

• between the mid 1980s and 1990, it is likely that is

would have materials containing asbestos

• after 1990, it is highly unlikely it would have materials

containing asbestos.

The only way to be certain is to have a sample of the

material analysed by a competent person at an accredited

laboratory.

Tips to manage asbestos risks

For example:

• identify potential asbestos before engaging trades people

• if in doubt, arrange for materials testing before work starts

• liaise with trades people to ensure work is safe

• ensure removal of >10m2 of bonded asbestos is only carried out

by licensed removalists

• consult tenants

Never use:

• dry brooms or paint scrapers on uncoated asbestos material

• power tools on ACM e.g. grinders, circular saws etc

• high pressure water blasters on ACM

• compressed air on ACM e.g. domestic vacuums or leaf blowers

A final tip

Always leave undamaged asbestos

material intact and undisturbed

Let sleeping dogs lie!

Queensland Government asbestos website

Further information

Safe Work Australia:

www.safeworkaustralia.gov.au

Workplace Health and Safety Queensland:

www.worksafe.qld.gov.au

Infoline: 1300 369 915

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