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Recently our Strata Manager ordered an Asbestos Report for our small residential strata scheme without telling the O/C beforehand.
Since we are a small residential unit block I phoned Work Cover NSW to confirm if we needed this report and they say we don’t as we are exempt under the PCBU. They confirmed that the tradespeople we pay to do repairs and maintenance are not considered employees in our case.
I approached the strata manager about it and they insist it’s needed under the new WHS laws despite Work Cover telling me otherwise.
They are claiming that work Cover “ordered “them to get report done on all unit blocks they manage.
Our Strata plan does not employ any workers, has no employer Number or any payroll books. We use businesses/tradespersons to do repairs and maintenance on the common property.
According to the Work Cover Website it states;
A strata title body corporate responsible for any common areas used only for residential purposes is excluded from the definition of a person conducting a business or undertaking (PCBU – the new term that includes employers) under the Work Health and Safety Regulation 2011 (WHS Regulation) unless the strata title body corporate engages a worker as an employee.
https://workcover.nsw.gov.au/ne…..orate.aspx
Whats your take?
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