#29271
Austman
Flatchatter

    I agree with scotlandx.

    There’s a fair bit of confusion and fear around this topic.

    And it’s simply easier for most Strata Managers to claim that WHS cover is always needed. You after all can’t be too careful.

    The fact is that residential stratas are specifically excluded in the national WHS Act, which most states and territories have adopted to their state/territory versions.

    That’s here in the Work Health and Safety Regulations 2011:

    7 Meaning of person conducting a business or undertaking—persons excluded

    (1) For subsection 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

    (2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.

    In short, a residential body corporate is not a PCBU and has the same WHS status as a private house, unless it actually employs someone. A contractor is not employing someone. Volunteer workers and visitors need not be covered.

    Although Victoria has not adopted the national legislation, it’s the same.

    A residential strata still needs to meet a duty of care. But that applies to all in the complex including residents and visitors. That’s not WHS.