The WHS Act enforces a greater duty of care on businesses, to ensure the health and safety of their workers and others who may be affected by the carrying out of work.
To ensure these new responsibilities are upkept, the WHS Act introduces the ‘person conducting a business or undertaking’ - or PCBU.
A PCBU can be a sole trader (for example, a self-employed person), each partner within a partnership, a company, an unincorporated association or a government department of public authority (including a municipal council), and even a strata complex.
Safety Solutions WA Business Development Manager, Rachael Lincoln explains that the PCBU is responsible for protecting the health and safety of workers and others by mitigating risks arising from work or the workplace.
“Where reasonably practicable you must take action to eliminate risks to health and safety,” Ms Lincoln said.
“If the risk is not practicable to eliminate, you need to make sure those risks are at least minimised.”
When questioned specifically about Strata complexes, Ms Lincoln said that Strata complexes may be captured as a PCBU under these laws, therefore having a duty of care responsibility as any business would to their workers and others. The determining factor is whether the strata complex directly employs a worker.
“In terms of strata complexes, hazards can be present and need to be identified and controlled, whether it be keeping exits clear and identifying slip risks, to ceiling collapses and asbestos containing materials, to unsecure balustrading and malfunctioning elevators, these are risks to everyone in and entering the premises and need to be dealt with safely and effectively,” she said.
Ms Lincoln then highlighted the obligation owed by the PCBU to keep people known as ‘others’ safe.
“Others’ are anyone entering or inside a commercial premises, such as visitors and tenants, who may come into contact with a safety risk,” she said.
Managing a range of strata complexes with on-site employees, Realmark Strata have already implemented a range of safety measures and are already witnessing the benefits of these procedures.
Realmark Strata Community Manager, Jessica Wilkes believes these measures are not only beneficial to workplace health and safety but the overall security of their managements.
“As we have a range of contractors coming into our managements to undertake work, we’ve rolled out a sign in system to ensure we know who’s coming into the building and what for,” she said.
“Our staff are also highly trained on risk assessment and the following procedures when a risk is identified, which makes for keeping the complexes’ as safe as possible, that much easier.
“This has not only given our staff confidence in knowing they can carry out their tasks without extra safety stresses, but our tenants have also expressed their praise for the increased safety measures.
“Getting this feedback makes us realise that all the hard work we’ve actioned to provide a safe place for everyone is paying off, which is fantastic to see.”