UNOFFICIAL OHS DATABASE
Building owners and landlords may be considered to be "controller of premises" under s10 of the OHS Regulation 2001, if the landlord or property manager has control of a premises used as a workplace. Even if there is only limited control the owner or property manager still has a responsibility to maintain the premises and repair unsafe aspects of it.
OHS authorities like WorkCover only become involved with work-related issues.
For example, a common problem is where construction work is done on a property
and that work causes hazards dangers on the adjoining property (building refuse,
damage to walkways, dust). In this situation, the governing body who receives
complaints are as follows:
Scenario 1: If the construction work is being
done by employees of a workplace, including building contractors - and regardless
of whether the work is done on a residential or commercial property - then the
site is considered a workplace.
The situation is then covered under section
8(2) of the OH&S Act 2000 if the building work is done by employees
or a construction company. If the work is done by a sole trader contractor then
it is covered by section
9 of the Act. In these instances WorkCover will receive any complaints.
Scenario 2: If the work is done by a private
individual on their residential property, then it is a Council matter.
WorkCover has no jurisdiction over private individuals out of the workplace.
Otherwise they'd be called HomeCover, right? [sic]
Property management links
Tenants Information (FairTrading NSW - includes Renting Guide)
Managing a property yourself (FairTrading NSW)
Residential Tenancies Act 1987 (Austlii)
Construction FAQs (owner builder OHS info) (WorkCover NSW)
Construction FAQs (owner builder OHS info) (WorkCover NSW)
Master Builders Australia (links to regional MB associations)
CFMEU (Construction, Forestry, Mining and Energy Union)
Related pages on this site
Asbestos - Inhalable particles - Lead (especially for old buildings)
Contractor / sole trader (re: workers comp for owner-builders)
Heights (for those pesky arguments about whether the builder is using scaffolding to bump up costs)
Posters and signs (building site signage)
Sun (working outdoors)
Testing and tagging (of electrical equipment)