In response to Struggler's last post, thus far I've (hopefully) been exercising due-diligence in terms of OH&S on the Common Property by:
- Making sure that all Contractors we use from time-to-time provide their Workers Comp., Public Liability, and Trade License details; just the Insurer, Policy Number, and Expiry Date in the case of the former two, and;
- Completing a “Risk Assessment & Control Plan” (in 2006), by implementing the prioritised corrective actions, and by reviewing the Plan annually at the AGM & following EC Meeting.
I'm struggling (sorry) with what more to do now, because the WH&S Legislation appears to be yet another job creation scheme for Lawyers & Consultants, another instance of Government shooting-from-the-hip in order to resolve some perceived problem, and all without the slightest clue about how that Legislation can be implemented on-the-ground.
However well-intentioned the Lawyers may be, Struggler's right about the mumbo-jumbo, because both they and the so-called experts can only provide an interpretation of the Legislation based on their opinions.
My non-expert opinion is that as the O/C of an entirely residential Plan is not “conducting a business or undertaking”, then such a Plan is exempt; in fact I think that'’s precisely what the WH&S Legislation intended.
So for now at least I'm sticking with our Plan's practical approach to due-diligence, particularly as we're self-managed — however depending upon the extent of their authority under their Agreements, Strata Managers may do well to carefully consider their obligations under WH&S Act because they are “conducting a business or undertaking” in a Strata Titled environment.