Workplace Health and Safety Queensland. Strata Title Bodies Corporate and the Work Health and Safety Laws

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1 Workplace Health and Safety Queensland Strata Title Bodies Corporate and the Work Health and Safety Laws

2 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

3 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.

4 Frequently asked questions: Strata Title Bodies Corporate and the Work Health and Safety Laws

5 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)

6 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)

7 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)

8 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. (Source: Safe Work Australia, August 2012)

9 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. (Source: Safe Work Australia, August 2012)

10 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. (Source: Safe Work Australia, August 2012)

11 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. (Source: Safe Work Australia, August 2012)

12 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. (Source: Safe Work Australia, August 2012)

13 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 (Source: Safe Work Australia, August 2012)

14 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. (Source: Safe Work Australia, August 2012)

15 Play it safe with asbestos: tips for property managers

16 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

17 Play it safe with asbestos: tips for property managers 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.

18 Play it safe with asbestos: tips for property managers 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

19 How do I know if a property I manage contains 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.

20 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 >10m 2 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

21 A final tip Always leave undamaged asbestos material intact and undisturbed Let sleeping dogs lie!

22 Queensland Government asbestos website

23 Further information Safe Work Australia: Workplace Health and Safety Queensland: Infoline: