Building Safety Compliance Presented by

Peter Berney National Business Development Manager

E: peter@solutionsinengineering.com Twitter: peterberney62

Facebook: Solutions in Engineering M: 0407 000 565

What are we covering today? • Safety Compliance • Asbestos Compliance • Fire Compliance • Pool Compliance • Glass Safety Compliance • Workplace Health & Safety Management Plan

Safety Compliance Legislation in Australia is consumer focused -

• It is focused on protecting (us) consumers • Focused on making providers of amenities

responsible for the individuals safety (where appropriate)

Under law a Body Corporate is - • A legal person (as well as a BC) has a legal name and

has rights, protections, privileges, responsibilities, and liabilities, a natural person is distinct from an artificial person.

• Has all the responsibilities of an individual without the consumer protection.

Work Health and Safety Obligations as a BC:

• "A 'person conducting a business or undertaking' (PCBU - the new term that includes employers) may be an individual person or an organisation conducting a business or undertaking.

• "workplace" means a place, whether or not in a building or structure, where employees or self-employed persons work.

This means that BC’s almost always have responsibilities under the WH&S Legislation.

So, where is the compliance risk? The common property or shared areas are

under owners & managers control It is characterised as a shared area used by:-

– Visitors, Owners, Tenants – Workers – Contractors and Employees

Activities in common/shared areas Includes work of all kind including :- • Maintenance • Cleaning • Access and egress of persons to units • Deliveries • Recreation – pools, alcohol

consumption, BBQs, play, parties • Vehicle access

Further Risks for Building Owners • Statutory Obligations, which have

penalties including fines and jail terms. • Common Law suits in negligence.

– The first element of a negligence action is to prove a duty of care exists.

– The claimant must be able to show that the defendant has breached that duty.

‘Duty of Care’ duty of care n. a requirement that a person act

toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would.

If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.

That’s why Its all about Compliance Yes there are fines and jail terms for not

complying with WHS however Compliance covers many non WHS requirements relating to building components and Body Corporate obligations

Yes legislation & the accompanying compliance regime has risen like a ‘Dubaian high-Rise’ in the last 7 years and this is why you need to get your head around Compliance, to some degree at least.

Compliance Legislation affecting Buildings

Covers many different areas including National, State & local levels of government

Comes from many different sources: – Acts – Regulations – Building Code of Australia / National Construction Code – Compliance Codes / Codes of Practice – Australian Standards

Specific Compliance Legislation • Building Act 1975

• Building Regulation 2006 • Building Fire Safety

Regulation 2008 • Fire and Rescue Service Act

1990 • Electrical Safety Act 2002

• Electrical Safety Regulation 2002

• Queensland Development Code • Mandatory Part 3.4

Risk Compliance (cont.) • AS 1657 Fixed platforms, walkways, stairways and ladders -

Design, construction and installation • AS/NZS 3350 Safety of household and similar electrical

appliances • AS/NZS 2890 Parking Facilities • AS 3666 Air-handling and water systems of buildings • AS/NZS 4663 Slip resistance measurement of existing

pedestrian surfaces • AS 1735 Lift Escalators and Moving Walks • AS/NZS 1891 Industrial fall-arrest systems & devices • AS 3745 2010 Emergency Management Planning, this is in

addition to existing Qld Fire requirements

What does a report have to do with it?

Use a suitably qualified Work Health & Safety Professional to inspect the common property to: (a) Identify hazards; (b) Assess risks that may be the result of hazards; (c) Decide on control measures to prevent or minimise the level of the risks; (d) Implement control measures; (e) Regularly monitor/review the effectiveness.

Fire / Emergency Management • Fire and Rescue Service Act 1990 • Building Fire Safety Regulation 2008 • Queensland Development Code

– MP6.1 Maintenance of Fire Safety Installations

• Building Code of Australia Vol 1 – Part D1 Provision for Escape – Part D2 Construction of Exits – Part D3 Access for People with a Disability

Fire / Emergency Management (Cont.) • AS 3745 Planning for

Emergencies in facilities • AS 1851 Maintenance of

fire protection systems and equipment

• AS 2293 Emergency escape lighting and exit signs for buildings

Pools and Spas •Building Act 1975 •Building Regulation 2006 •Queensland Development Code

–MP3.4 Swimming Pool Barriers •AS 1926 Swimming Pool Safety •AS 2818 Guide to Swimming Pool Safety •AS 2610 Spa Pools •AS/NZS 3000 Electrical installations (known as the Australian/New Zealand Wiring Rules)

Asbestos - Who is at risk? The new legislation builds on the existing legal framework with

regards to Asbestos. Those who may be liable include:‐ • A Person Carrying on a Business or Undertaking (PCBU). • The owner of the premises; • A person, who has, under any contract or lease, an obligation to maintain or repair the premises; • A person who is occupying the premises; • A person who is able to make decisions and changes to the structure and use of the workplace. • An employer at the premises. • A person with management control over the workplace, for example, a property management group or agent. Who in this room is a PBCU? What about an onsite Meeting?

Asbestos – How do I Comply? • All buildings built prior to 2004 with workplace

(read: CP) areas need to comply • In summary the requirements are:-

Asbestos Survey Onsite Asbestos Register (if applicable) Asbestos Management Plan (if applicable)

What are the penalties for non-compliance • NOHSC Code - non-compliance $30000 fine. • Civil litigation is far more of a threat • Recent case - Helene Edwards, 57, $803,403 by

Dust Disease Tribunal. Exposed while renovating. • IMPORTANT - Your best insurance against

Asbestos risk and resulting fines & litigation, is to show how you’ve achieved compliance.

Risk of Reliance It is dangerous for ANYONE to assume that

contractors will be diligent regarding Work Health and Safety

e.g: QLD government prosecution of Painting on Time

(Qld) Pty Ltd

Court Case: Painting on Time (Qld)

On 16 May 2012, Painting on Time Pty Ltd was fined $20,000.00 and ordered to pay nearly $5,000.00 in investigation costs for the illegal use of a high-pressure water cleaner on a house roof containing asbestos. 30 years Experience The Director instructed young worker to Gurney the roof This caused Asbestos debris to contaminate property Neighbour (B Class Lic.) of adjoining property said stop Director denied Asbestos - he lied - ‘put a test on it’ After 6 weeks decontamination work funded by state Cost recovery notice $72897.35 took 2 yrs resolve Thank god for the neighbour or no clean up would have occurred!

If Owners and managers are to adopt the blanket residential

exemption approach proffered by the various state based government departments for asbestos, they are to believe

that the contractor will take all necessary precautions and be diligent and conscientious in their approach to Workplace

Health and Safety. These Owners are then totally dependent upon the diligence

of the contractor for their own personal safety. The company was aware that using any high pressure water device to clean a fibro roof or ACM is prohibited by law and that breaching these laws would incur substantial clean up

costs and fines.

NCC Changes for Windows As of May 2013, regulations were introduced under the National Construction Code (NCC) * For windows above 2m,they will need to have a screen or be limited to opening less then 125mm. * Movement towards Singapore – with unit responsibility for implementing reforms, such as stainless steel rivets in windows.

What are the Implications for BC’s and BCM’s in not getting a report Done?

• Completed compliance reports in 2006 and 2011 • In 2009 a man fell over the balustrade which

measured 785mm at the place of incident. • Two other balustrades were measured during the

inspection (880mm and 830m) and recommendation to heighten balustrade.

• Lawyers use what is termed a ‘scattergun’ approach – 7th Defendant after the BC, BCMC, Architect, Builder, Installer, Manufacturer.

Liability, fire risks, other potential threats

Qld Fire and Rescue Act 2008 is very strong and some might say over the top compared to other States/Territories. But try telling that to the families of the 15 victims from the Childers Palace Backpackers Hostel Fire. In June 2000 the timber hostel did not have working smoke detectors or fire alarms. Local fire fighters raised a ladder to allow some people to escape, 69 traumatised backpackers survived.

Liability, fire risks, other potential threats

Cathedral Place in the Valley, despite claims that alarms in blocks D & E didn’t sound, no one perished in this tragedy. In fact those interviewed claimed that at least the false Evac alarms had paid off as they knew what to do in an emergency!

Liability, fire risks, other potential threats

The Fire laws in other states such as Vic, Nsw, SA do not have any where near the same requirements in fact in the ACT it’s pretty much nil! Yet we continue to hear about lose of life, property and devastation – that’s why I say Qld are leaders in Strata related legislation. Even our Pool enclosure laws are far more ridged then the recent adoption of the law in NSW.

Glass and Glazing work Ensure contractors have a Trade Contractor Licence: Glass, Glazing, and Aluminium, if carrying out work on any of the following: Glaze and reglaze buildings. Windows and doors in buildings. Security screens and doors. Fixed mirrors. Structural balustrade. leadlight panels. Adding patterns and designs to glass. *To replace windows you need at least a Carpenters lic.

Glass Safety Compliance Cont. •Australian Standard AS1288-2006 regulates glazing •It generally deals with buildings classified as housing. •Strata buildings are classified as buildings other than housing and; •That is why a Strata building with1500pa serviceability state and 200pa water is a big problem.

Cyclone Area Specifications •The water penetration rate has to be 30% of the serviceability rate. •Deflection ratio is different, more stringent for strata. Min – 1000pa / 300pa water for strata. •The Gold Coast can’t have less than 600pa water which is the maximum rate for open/close windows – however even this doesn’t prevent all leaks!

Glass Safety Compliance •Bathroom windows under AS1288 have to have A grade safety glass as do glass doors and any window in a common area, laundry, stairwell, etc. •Responsibility of the owners to make sure the glass is safe.

Australian Window Association: http://www.awa.org.au/

Workplace Health & Safety Man. Plan

Under the Work Health and Safety Act 2011 (QLD) employers have a number of obligations. Generally, employers have duties to maintain environments that are safe and without risk to health. This has a number of facets, including: •Maintaining safe systems of work •Maintaining a safe workplace •Providing adequate information for safety •Maintaining safe working responsibilities to contractors •Monitor conditions of the property •Keep information relating to health and safety •Notify Authority in event of serious incidents

Workplace Health & Safety Man. Plan In order to fulfill these broad obligations, the WHS Act and

Government best practice guides outline procedures that must be implemented. These specifically include: •If an employee asks, the creation of a designated work group (DWG) •If a DWG is established, elect a Health and Safety Representative •If a Health and Safety Representative asks, create a WHS Committee •Introducing Anti-Discrimination Practices •Comprehensive Induction Process

Workplace Health & Safety Man. Plan In addition to these, best practice health and safety plans have comprehensive methods for ensuring that consultations have taken place, assessments are made on property before work comes into place, and all forms of risk assessment are conducted. These will usually include: •Job Safety Analysis •Safe Work Method Statements •Codes of Conducts •Contractor Compliant Forms •Risk Assessment Registers •Development of Site Access Rules •Incident Reporting Processes •Material Safety Data Management Statements. •Supervisory Caretaking Agreements.

Workplace Health & Safety Man. Plan What Our Plan Does: Solutions IE Work Health and Safety Plan will both audit your health and safety programs to ensure they meet current legislative obligations and best practices, as well as providing information, template forms, checklists and model policy initiatives to assist you and the Committee in meeting these obligations.

What Will Be Included? Safety Procedure Nature of Procedure

WHS Policy Document which outlines the organisations commitment to WHS and outlines the responsibilities of

various stakeholders. Should be done in consultation with employees.

Incident Reporting A system for reporting and recording workplace incidents, including alerting Workcover in the event

of a miss or a near miss of a Notifiable Incident.

Pool Safety Is the pool registered with local government, certified if appropriate and maintained regularly?

Induction Policy Does a comprehensive induction policy exist, outlining the hazards and expectations within the

workplace, expectations in the event of emergencies and rights when it comes to Work Health and

Safety?

Training Program Does a manual or other training program exist which informs employees of potential hazards within

their tasks and how to safely perform their work, including any manual handling or strenuous

activities?

Safety reports Has the PCBU undertaken a professional safety report on a yearly basis to identify hazards on their

property?

Safety maintenance Does a procedure exist for the regular checking of potential visual hazards on the property?

Safety Procedure Nature of Procedure

Asbestos Reports Has an Asbestos report been carried out on the workplace?

Asbestos Register & Maintenance Plan Does an Asbestos register and Maintenance Plan exist and assessable on the property?

Chemicals Handling Procedures Does a chemicals handling procedure exist on the property, including how to handle and store

chemicals – completed with SWMS?

Bullying Policy Does a comprehensive bullying policy exist, taking into account procedures for handling and

investigating complaints of bullying in the workplace?

Anti-Discrimination Policy Does a comprehensive anti-discrimination policy exist, taking into account procedures for handling

and investigation complaints of discrimination in the workplace?

Safe Workstation policy Does a policy exist for the safe working of employees at their workstations?

Electrical Safety Are regular checks undertaken for electrical safety, as are required by electrical best practice?

Safety Procedure Nature of Procedure

Fire Safety Report and Evacuation Plan Has a professional Fire Safety Audit been undertaken, and evacuation planning been implemented by

a fire professional?

Emergency Management Plan Has an emergency management plan been created by a professional and been implemented?

First Aid Training Has a first aid officer been appointed and first aid procedure been implemented?

Break and Smoking Policy Has a smoking and break policy been implemented in the workplace to minimise hazards?

Privacy Policy Where private information forms part of the work of the company, has a policy as to the handling of

private information been established which complies with the new Australian Privacy Principles?

Social Media Policy Has a policy been implemented for the rights and obligations of stakeholders on social media?

Smoking Policy Has a clear policy been implemented detailing the smoking policy of the workplace which complies

with relevant legislation?

Site Access Rules Is site access documentation in place including a site induction checklist?

Thank you

Any questions?