Tagged: WHS report
April 24, 2020 at 4:53 am #218155dbstrataMember
I was wondering if the Work Health & Safety Act or Regulation imposed any statutory obligation for a commercial or mixed-use scheme to undertake a WH&S assessment & report of the common area?
dbstrataApril 25, 2020 at 9:32 am #221902Amanda FarmerExpert
H dbstrata, the WHS Act applies to commercial schemes. It does not apply to residential schemes.
As for mixed use scheme, it only applies in respect of those parts of the common property not used for wholly residential purposes.
[Note: the WHS will apply to residential schemes if they employ someone.]
As far as I am aware, there is no mandatory requirement for reporting, but the WHS obligation under the legislation is “to ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace, and anything arising from the workplace are without risks to the health and safety of anyone.”
Having a report prepared would be an obvious way to meet (and to prove you have met) this obligation. Without an assessment, I am not sure how you could know whether there is anything that constitutes a risk to health and safety.
Amanda.April 25, 2020 at 4:10 pm #222818dbstrataMember
Thanks for your assistance and clarification. You’ve been most helpful.
- You must be logged in to reply to this topic.