The Health and Safety at Work Act – Two months on

It is almost two months ago since the Health and Safety at Work Act 2015 (HSWA) came into effect. So what are the implications of the new legislation on the property management industry?

Two months on, it is largely business as usual. But there are some changes that landlords and property managers should be aware of.

Overview of the key change

One of the key changes is that under the previous Act, there were different definitions for owners, employers and principals, all of whom had responsibilities under the Act. There is now a single category, referred to as a PCBU or Person Conducting a Business or Undertaking, to encompass anyone who has responsibilities under the Act.

How does this affect property owners and property managers?

Under the new Act, you are a PCBU if you:

• own a rental property, or
• manage a property (either as a self-employed property manager or in a property management

               business).

(Note that employees of a property management business are workers; the PCBU is the company.)

What is the responsibility of a PCBU?

As a PCBU, you have responsibilty or duty of care, so far as is reasonably practicable, for the health and safety of everyone who may be involved in or affected by, work being done on the property including:

• the tenants
•  the contractors you employ to carry out work on the property, and
•  other people visiting the property.

The responsibility requires that when you employ a person or people to work on the property, you must make sure that they are competent and have the appropriate qualifications to do the work.

Tradespeople’s responsibility

In addition to being competent and having the appropriate qualifications to do the work, tradespeople carrying out work on a property have a responsibility to ensure:

• there are no health and safety risks to tenants or any other people as a result of the work they are doing, and
• there are no health and safety risks arising from their work.

What happens when there is more than one PCBU involved?

More than one business (PCBU) can have a duty of care in relation to the same matter at the same time. This is referred to as overlapping duties. When there is more than one PCBU involved, they must all work together as much as is reasonably practicable with regard to workplace health and safety, by consulting, cooperating, and coordinating with each other.

Tenant’s responsibility

The tenants have a responsibility under HSWA to take reasonable care of their own and others' health and safety by following any reasonable instructions given by the tradesperson e.g. a plumber or an electrician, carrying out work on the property.

If a tenant carries out work on a property and a serious incident occurs, the property owner or manager is not liable under the new Act.

Owner’s responsibility

When a property owner undertakes to carry out work on their rental property themselves, they become the PCBU undertaking the work and they have the same responsibilities as any other the tradesperson.

What is the responsibility of a Body Corporate?

A Body Corporate is a PCBU and therefore also has the same responsibility as any other PCBU when they organise or are responsible for work on the common areas of the property.

More information about the HSWA and rental properties

If you would like to read more about how the Health and Safety at Work Act affects owning or managing rental properties, go the Worksafe website at: Worksafe – Property Management.