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  • #51025
    AvatarHangOn
    Flatchatter
    Chat-starter

    Is an annual safety inspection of anchor points on the roof a legal requirement ?
    Our strata manager recently authorised a safety inspection of anchor points on the roof at a cost of $700.
    This is the first time I have seen an invoice like this and I am familiar with the anchor points, they are heavy duty so should not usually need to be inspected every year.   My concern is that future annual inspections should not be necessary just as annual inspections of glass doors and windows to ensure they are compliant are not required.

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  • #51074
    Jimmy-TJimmy-T
    Keymaster

    As a final discussion point, if every location where (say ) a tradie worked was considered a workplace, then every footpath, road, park, etc etc would be a workplace and the respective owner would have to provide a “safe” workplace. That is not the case because the footpath or park is not a place of business.

    You had me convinced up until that part.  A strata scheme is different from a footpath because it has an owner.  And I am now not sure that you’re right about the workplace.  If a strata scheme employs someone to do work, then they are an “employer”, regardless of whether the person involved in a claim might be directly employed by the owners corproation or not.

    The literature I can find online, such as this page (from our former sponsors Makinson d’Apice), seems to suggest that if the building has any permanent employees, then it is a workplace for the purposes of the WHS legislation. So, if I am reading this correctly, if you have an onsite caretaker or concierge, employed by the strata scheme, the whole building is a workplace.

    I am happy to be proved wrong if someone can come up with a definitive answer.  However comparing strata schemes to footpaths doesn’t convince me of very much at all.

    #51068
    Avatarkaindub
    Flatchatter

    The legislation is The Work Health and Safety Act 2011  and specifically a workplace is defined in Section 8.

    Referring to the Work Safe website, it says WHS legislation concerns a business or employer. Whilst the ATO considers strata to be an enterprise , strata schemes are not a business.

    Therefore the WHS legislation does not apply (unless the strata employs directly say a concierge or an on site building manager and then the workplace is considered to be their office and not the whole building)

    And the reason that any tradie on site should have their own insurance is that the strata is not their employer. The tradie is  independent or employed by a larger business. The tradie (as sole trader) or the business then is responsible for the WHS needs of the worker. (as well as being responsible for any damage they cause or other event that the strata suffers a loss. But thats another topic)

    As a final discussion point, if every location where (say ) a tradie worked was considered a workplace, then every footpath, road, park, etc etc would be a workplace and the respective owner would have to provide a “safe” workplace. That is not the case because the footpath or park is not a place of business.

     

     

    #51064
    Jimmy-TJimmy-T
    Keymaster

    Generally, strata schemes are not considered to be workplaces. ( yes people work from home in the building, and contractors work on the building, but under legislation, that does not class a strata building as a workplace).

    I believe that if someone is working on your building that is a workplace.  That’s why you have to make sure that any tradie working on your block has their own insurance.  And it’s the reason you have to put up warning notices if your block is covered by CCTV.

    I may be wrong and you refer to “legislation”. For the sake of clarification, what laws are you referring to?

    • This reply was modified 3 weeks, 5 days ago by .
    #51054
    Avatarkaindub
    Flatchatter

    An interesting question.

    From my brief perusal of the web, anchors and testing pertain to workplaces.

    Generally, strata schemes are not considered to be workplaces. ( yes people work from home in the building, and contractors work on the building, but under legislation, that does not class a strata building as a workplace).

    Unless you have a building manager who can come up with the certificates, if I was a contractor I would consider the anchors uncertified and make my own safety arrangements.

    I hope someone in the industry (and not a consultant trying to sell his services) can chime in and provide an answer.

    #51050
    Jimmy-TJimmy-T
    Keymaster

    I had a dig around the Interweb and found this web page on safety anchor points which says this:

    The frequency of testing and inspection varies from state to state. Most states prescribe a minimum 6 monthly inspection through their WHS regulations, but a few are 12 monthly.

    I have no idea of how current or valid that is but that point of view is out there.

    • This reply was modified 3 weeks, 5 days ago by .
    #51040
    Avatarg-g
    Flatchatter

    At our large scheme in NSW, our anchor points are checked and certified prior to use, which is every 5 years or so. And as  you say, certification lasts for 12 months. We do not certify the anchor point on a yearly basis.

    Our window cleaners prefer to do their own checks and not third party companies.

    Hope this helps.

     

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Flat Chat Forum Another day in paradise Current Page