Recent changes to the Health and Safety Work Act (HSWA) have far and wide reaching implications for everyone involved in managing property. While some may see the new measures as pedantic, the consequences are anything but. If you want to avoid serious fines and potential jail time, paying attention to how you’re affected by the HSWA could be a real lifesaver.
Under the new legislation, property landlords and managers are considered PCBUs (Persons Conducting Business or Undertaking). This is a much broader definition than “employers” which was used prior to April 2016. Taking care of the health and safety of those people using your property for work purposes, is now your primary responsibility.
Commercial vs. residential property owners
There are considerably more responsibilities for commercial over residential property owners, as commercial properties will always remain a place of business. As a commercial landlord, it’s your duty to keep up good communication with your tenant, as they will be a PCBU as well. Make sure you have good health an safety policies in place, exits are clearly marked and the building is well maintained. These are all factors that you as the property owner have direct control and influence over.
You won’t have control or influence over the day-to-day business activities, this responsibility falls to the tenant PCBU. It’s worth being clear with your tenants about who is responsible for what, to ensure nothing is missed during health and safety inspections.
Read more: Real estate agents 'over egging' safety with open home briefings and waivers
Test and Tag
As either a commercial or a residential property owner, if you lease a building with fixtures, appliances or chattels then the duty of care for those items falls on you. It’s your responsibility to have all electrical equipment maintained, and regularly tested and tagged. Test and Tag is like a regular Warrant of Fitness for electrical equipment that ensures there’s no faults and it’s safe to use. If someone is injured using an unchecked appliance, as the property owner you could face a maximum $500,000 fine and a two year prison sentence.
When residential properties become places of work
If you or your property agent are conducting a viewing or open home, then you’re considered workers and the property is viewed as a place of work. It’s your responsibility to point out any potential hazards to people coming through and ensure they’re kept safe the entire time they’re on your property.
Once residential tenancy agreements have been signed and tenants are happily living in your property, you’re not responsible for their actions or damage caused by them. If your tenant decides to repair something and injures themselves in the process, you would not be held responsible. If repairs are needed, it’s your responsibility to ensure that both tenants and contractors are safe while the work is being carried out. That means liaising with the tenant to ensure there are no dangers for the tradesperson (pets, faulty electrical sockets etc.) when they arrive, and ensuring whoever you hire to do the work is appropriately experienced and qualified.
Don’t worry! You don’t have to manage the tradesperson or become an expert on whatever they’re doing. It’s their responsibility to ensure their work is up to code and doesn’t cause harm to anyone on the property. Your duty is to focus on what’s under your influence and control.
Read more: Landlord responsibilities and obligations
When it comes rental property health and safety, much of this may seem like common sense, but the HSWA has made it law. So long as you hire qualified tradesmen, and take all reasonable precautions to keep them and your tenants safe, you can protect yourself when your rental property becomes a workplace.
Worried about letting your home to untrustworthy tenants? Our free guide can help:
