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  • #7641
    bpositive
    Flatchatter

      I have long been intrigued by this question. Do volunteer workers working on common property need OH & S complaince? What about paid workers? Calls to DOFT can give you different answers depending on whom you ask. I understand that most buildings will have an insurance policy in place which covers uninsured workers and volunteer workers. But I have also read that inspite of that (insurance) all persons should be OH&S trained to avoid heavy penalties. I am really confused! We are talking NSW Strata if that matters.

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #13733

      Bpositive,
      Your best bet is to call Workcover as they are the policer’s of OH&S compliance.

      It is my understanding that the OC has a responsibility to ensure whoever is working on common property is aware of the risks and ensures that they work safely.

      There is also some changes to the act and regs,and from memory the changes to the act will be in place from January.

      Mr S

      #13746
      bpositive
      Flatchatter
      Chat-starter

        Hmm.. there are fines upto 1.65 million! And 5 years jail. Is there anyway I can absolve myself as the exec commitee does not believe in spending money fo OH&S audits!!!

         

        I can write a letter saying I have notified the exec committee and I am not responsible for any fines or accidental death or injury!

         

        I guess not – and this is what is wrong with Strata laws. The last time I had to shell out $2000 due to legal expenses and stupidity of the exec committee! Why sould I pay for it?

        #13749
        struggler
        Flatchatter

          Am curious as to how bpositive came to have out of pocket expenses due EC decisions.  Doesn't the strata insurance cover decisions made by the EC? Was always concerned when on the EC that any decision made without the proper considerations would have left me liable, but thought insurance would have handled that.

          #13750
          bpositive
          Flatchatter
          Chat-starter

            Hi Struggler, sorry Insurance does not cover members for out of pocket expenses. It also does not cover for negiligence. AFAIK.

            #13756
            Billen Ben
            Flatchatter

              struggler said:

              Am curious as to how bpositive came to have out of pocket expenses due EC decisions.  Doesn't the strata insurance cover decisions made by the EC? Was always concerned when on the EC that any decision made without the proper considerations would have left me liable, but thought insurance would have handled that.

              There a 4 compulsory insurance (actually only 3 but to not take out workers comp is not good risk management unless an SP is 200% sure it will not need it – and then takes it out if the situation changes).

              Office Bearers liability insurance is optional; requires the AGM to pass a motion for it and may not have been in place when bpositive ran into trouble compliments of EC activity.

              If an OC has an EC then insurance for the EC is not an expensive policy and to be a part of an EC without it is to invite trouble.

              #13760
              bpositive
              Flatchatter
              Chat-starter

                Work cover advised that residential properties are exempt from OH&S laws. So i guess if this gentleman falls off a ladder or a balcony while trimming the hedges insurance will cover him since his salary is less that $7000.

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