Workplace health and safety obligations

Workplace Health and Safety Obligations- QLD

Legislation: Work Health and Safety Act 2011

The Work Health and Safety Act 2011 is the Queensland legislation regulating safety in the state. It is the result of the harmonisation of individual state and territory legislation. The goal of this legislation continues to be the significant and continual reduction in the incidence of death, injury and disease in the workplace.

How does it apply to Bodies Corporate?

WHS laws apply to any PCBU (person conducting a business or undertaking). This means if at any time the Body Corporate (even of a wholly residential building) employs a worker, hires a contractor, or has a volunteer worker on the common property, they are subject to the WHS Act & Regulations. Bodies Corporate need to be continuously vigilant to meet their safety obligations to protect them against any potential claim.

Actions for Bodies Corporate

Act, don’t react. There is an onus on the Body Corporate to demonstrate that it has been proactive to reduce, and keep reduced, the risks onsite.

The following steps are steps your Body Corporate should take to fulfil this obligation.

Risk Assessment Report

The potential risks on Body Corporate property are numerous. They may include:

  • Pool gates and fencing
  • Fire equipment testing
  • Roof top anchor points
  • Pool water quality
  • Pool handrails
  • BBQ gas
  • Chemicals
  • Car park height
  • Gym rules and servicing
  • First aid
  • Exit signs
  • Balustrades
  • Asbestos

This is not an exhaustive list. The Body Corporate needs to take steps to understand hazards, assess risks and implement control measures. This can be achieved by engaging Star BMS.

For your Body Corporate to show that they have identified hazards and assessed risks, a Risk Assessment Report should be performed annually by an individual holding formal safety qualifications. By identifying hazards and addressing risks, your body corporate goes a long way to meeting its obligations under the Act and regulations.

Actions for Bodies Corporate

  • Each committee member should read and understand the safety and compliance report
  • Agree to suggested control measures or identify suitable alternatives
  • Implement the control measures
  • Review the effectiveness of control measures periodically

It is recommended that each committee have compliance and safety as a standing agenda item.

At Star BMS we carry out safety and compliance inspections, reporting on risks at your building and advising on how they might be controlled. We offer Maintenance Schedule and Log Book packages ensuring all aspects of your property are maintained in the best practice, and in compliance with the Queensland Work Health & Safety Act 2011 and Queensland Building Fire and Safety Regulations 2008.

Click here to contact Star BMS to ensure that your building is compliant today.

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