1What is a Work, Health and Safety Inspection?
Primarily a Work, Health and Safety inspection identifies any risk of harm to people or potential damage to property from both a Common Law Duty of Care and a legislative requirement.
In essence, a property has to be without risks to the health and safety of any person. Our Work, Health and Safety Inspections take a practical and sensible approach to dealing with and treating any hazards and any likely risks associated with those hazards.
It is NOT a current standards compliance report where every structure and item has to be brought up to the current Building standards.
2Do the owners need to get a Work, Health and Safety Inspection?
There are some exemptions for a purely residential strata scheme from being classified as a Person Conducting a Business or Undertaking (PCBU) and thereby not having to comply with the Work Health and Safety Legislation, unless they engage a worker as an Employee.
HOWEVER, an Owners Corporation or Property Owner still has a Common Duty of Care to ensure that their property is without risks to the health and safety of any person. This duty is codified under Civil Liability legislation (Civil Liability Act 2002 (NSW), the Wrongs Act 1958 (Victoria), or the Civil Law (Wrongs) Act 2002 (ACT)).
It is absolutely prudent to obtain a professional Safety Report from BIV Reports Pty Limited to be able to demonstrate to a Court that you have taken reasonable steps and proper care in the management and ownership of your property.
3What is the benefit of obtaining a Work, Health and Safety Inspection?
The benefit of obtaining a professional Safety Report from BIV Reports Pty Limited is to identify and then fix any likely hazards so that your property is safe for you, your children and extended family and your visitors.
In addition you are significantly minimising any legal issue when you can demonstrate to a Court that you have taken reasonable steps and proper care in the management and ownership of your property.
4Does a Work, Health and Safety Inspection increase the amount that owners have to pay on an annual basis?
In some cases where the property has significant hazards that need to be addressed, the answer is yes.
Proper management and care of a property would ordinarily include the rectification and minimisation of the risk of harm. It is usually where a maintenance program has been neglected that issues of risk of harm arise, and consequential costs arise.
5Can Owners vary a Work, Health and Safety Report?
A Safety Report can be varied by an owner dealing with the likely control measures that are recommended within a report. For example, a recommendation may include the grinding down of an exposed trip hazard in an access way, however an owner may decide that it is 'reasonably practicable' to simply choose to secure that area from anyone being able to enter, or apply highlight paint to the hazard and warning signage. That is, a different control measure may be implemented to the recommended control measures, and the identified hazard has to be addressed.
6How often should a Work, Health and Safety Inspection be reviewed?
It depends on the property, but a prudent approach is obtaining an annual re-inspection by BIV Reports Pty Limited. For example, a modern small villa complex with limited common property may be best served with a two to three yearly re-inspection cycle, whereas a commercial or retail property with a large number of transient people may require a six monthly or annual re-inspection.