The forever-evolving regulatory requirements associated with vertical transportation within a building can be complex, making it very hard for the owners of the plant to stay up to date.
Through Acts, Regulations, and Codes of Practice, the Work Health and Safety (WHS) Act, also referred to as the Occupational Health and Safety Act, involves managing risks to the health and safety of everybody within a workplace.
Each state within Australia has the following framework of WHS laws:
(i) an Act, to outline broad responsibilities, duties, offences, process, and enforcement measures;
(ii) Regulations to set out specific requirements for particular hazards and risks;
(iii) Codes of Practice to provide information on specific issues relating to meeting WHS requirements (eg working at heights, confined spaces, noise); and
(iv) establishment of a Regulating Agency to administer the laws, inspect workplaces, provide advice, enforce laws, and impose penalties for breaches.
It is important to note that the specific requirements for vertical transportation inspections may vary depending on the location and type of equipment. The Work Health and Safety Act (WHS) stipulates it is the responsibility of persons conducting businesses or undertakings (PCBU), “referred to as ‘employer’ in the Victorian Occupational Health and Safety Act,” to ensure that the plant is properly maintained and inspected in accordance with the relevant states’ statutory legislation and regulations.
A common misconception is that by engaging a lift company to perform upgrade work, repairs, replacement, or maintenance, owners (PCBU) are somewhat indemnified and carry very little risk. This couldn’t be further from the truth as the health and safety of persons within a workplace is technically everybody’s responsibility. Therefore, the WHS encourages the PCBU to take a constructive role in ensuring appropriate scrutiny and reviews by way of advice (consultation).
Another common misconception amongst Body Corporates is that they are not classed as a person conducting a business or undertaking (PCBU) and therefore exempt. Section 7 of the Work Health and Safety regulations 2011 excludes a strata titled Body Corporate from the Act who is solely responsible for premises for residential purposes unless the Body Corporate engages a worker as an employee. However, the Act goes on to state that the Body Corporate will be classified as a PCBU regardless of whether it is Body Corporate for residential premises if it engages a worker. A worker is defined as an employee, a contractor or subcontractor, and even a volunteer. On this basis any Body Corporate that engages somebody to undertake work within the scheme will be classed as a PCBU and the provisions of the Act will apply.
Our experienced and dedicated team has an in-depth knowledge of all things compliance-related within residential and commercial settings. Through our specialised compliance reporting, TLC can help identify any perceived hazards and provide recommendations to our clients to mitigate any associated risks with the installed vertical transportation system, reducing the owner’s level of exposure.
Strata Sinking Fund Compliance
Increased numbers of people are making the move into high-density apartment-style living, enjoying the many freedoms that strata living offers. Since 2009, all Australian strata schemes are legally required to prepare a sinking fund forecast for a minimum of 10 years, for any anticipated major expenditure within the building. It is a statutory requirement that the Sinking Fund Forecast be kept refreshed, current, and provisioning be done properly. A Sinking Fund Forecast should be prepared by a suitably qualified professional, so an accurate estimate can be made of any future anticipated expenditure.
Many companies offering forecasting assessments claim to offer a turn-key solution (one-stop-shop), providing assessments and budgets across the whole property. However, most of these companies do not have qualified professionals with an understanding of vertical transportation who are able to access a lift well to assess the condition and maintenance levels.
Our suitably qualified consultants can assist with the vertical transportation aspect of the assessment, providing strategic cost-effective upgrade strategies and lifecycle/condition reports detailing accurate budgetary requirements.
Additionally, TLC can assist our clients with the preparation of a detailed third-party Preventative Maintenance Program, maximising the life cycle of the asset and protecting the capital value of the investment.