OHS and Strata Title Bodies Corporate
Safe Work Australia has released a very useful Q&A to address yet another harmonisation misconception and grey area in relation to how body corporates and strata titled properties are affected by the new national WHS laws.
The FAQ emphasise that the harmonised laws do not apply to strata title bodies responsible for 100% residential complexes, unless, of course they are also employers. Reportedly, many property agents and lawyers, particularly in NSW and QLD are spreading false and misleading information, mostly around employing contract maintenance people such as landscapers, plumbers and electricians. The Q&A states that there is only a requirement to comply with duties of a PCBU is the person is engaged as a direct employee.
The strata body Q&A also covers how the WHS laws apply in relation to mixed and/or commercial strata arrangements.