Flat Chat Forum Another day in paradise Current Page

  • Creator
    Topic
  • #51025
    AvatarHangOn
    Flatchatter

    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.

Viewing 11 replies - 1 through 11 (of 11 total)
  • Author
    Replies
  • #52493
    Jimmy-TJimmy-T
    Keymaster

    … that’s up to the contractor or their employer. Eg they might have to competence to perform the check themselves if those certificates do not exist. Or they might require that the certification is done first. So can make sense for stratas to do those things anyway.

    That’s exactly the point I was trying to make.  It depends a lot on how much usage the anchor points get but strata schemes could either do their own checks or foot the bill (for additional hours worked by qualified people) for the contractor to do theirs.

    And as a building manager, would you want anyone working on your roof if you knew safety chacks hadn’t been done.

    #52485
    AvatarAustman
    Flatchatter

    According to this factsheet (which admittedly is seven years old) it’s a joint responsibility beween the contractor and the client.

    Except that the client has to be a “person conducting a business or undertaking” and that the actual legislation specifically exempts residential stratas.  That’s Work Health and Safety Regulations 2011, Regulation 7 (1).

    I’ve also gone directly the the WHS authorities and that’s the answer they have given me.

    how are individual contractors supposed to ensure that a strata block’s equipment is work safe? The simple answer would be the provision of a certificate by the strata manager or committee to prove installations like roof anchors had been checked.

    Agreed.  But that’s up to the contractor or their employer.  Eg they might have to competence to perform the check themselves if those certificates do not exist.     Or they might require that the certification is done first.

    So can make sense for stratas to do those things anyway.

     

     

     

     

     

    #52431
    Jimmy-TJimmy-T
    Keymaster

    It’s the contractors or their actual employers that must ensure that the workplace meets the WHS requirements for the work they are doing.

    According to this factsheet (which admittedly is seven years old) it’s a joint responsibility beween the contractor and the client.
    But something else occurs to me – how are individual contractors supposed to ensure that a strata block’s equipment is work safe? The simple answer would be the provision of a certificate by the strata manager or committee to prove installations like roof anchors had been checked.

    • This reply was modified 1 week, 4 days ago by .
    #52427
    AvatarAustman
    Flatchatter

    I am happy to be proved wrong if someone can come up with a definitive answer.

    As your link states, an OC must “engage any worker as an employee” else it is exempt from WHS legislation.

    While it’s possible for an OC to engage a worker as an employee, AFAIK it’s rare. Engaging a worker as an employee means deducting taxes, paying superannuation, supplying leave allowances etc.  None of my OCs, including the ones that have on-site building managers, do that.  They engage the worker as a contractor.

    It’s the contractors or their actual employers that must ensure that the workplace meets the WHS requirements for the work they are doing.

     

     

    #52399
    AvatarPistonbroke
    Flatchatter

    Safework NSW refers to the AS/NZS 5532: 2013 https://www.safework.nsw.gov.au/resource-library/construction/fall-arrest-anchors

    Which refers to annual testing.

    Likewise, other sources from contractors are also referencing the same standard eg. https://www.workplaceaccess.com.au/building-certifiers-friend-new-asnzs5532-height-safety-anchors/

     

     

    • This reply was modified 1 week, 6 days ago by .
    #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 months 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 months 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.

     

Viewing 11 replies - 1 through 11 (of 11 total)
  • You must be logged in to reply to this topic.

Flat Chat Forum Another day in paradise Current Page