This document has been developed considering the “WorkSafe Victoria Real Estate Agent Out-Of-Office Safety” publication.
It is common practice for owners corporations to arrange meetings with owners corporation managers outside of normal business hours. These may take place in the evening, sometimes commencing as late as 8.00pm. out-of-office work can leave owners corporation managers/staff particularly vulnerable to the risks of personal injury and/or aggressive behaviour. The inherent risks to persons who work alone are increased due to the difficulties in contacting emergency services should the need arise.
WorkSafe (Victoria) has reiterated the lawful requirement that employers are bound by OH&S Legislation to ensure that the working environment for employees is safe and without risks to health. The same OH&S Legislation applies to all Owner/Operators to ensure their own health and safety and that affecting others by their acts or omissions. (Refer to Section 21 OH&S Act, 2004).
21. Duties of employers to employees (in part)
(1)An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
(a)provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;
(c)maintain, so far as is reasonably practicable, each workplace under the employer's management and control in a condition that is safe and without risks to health;
(d)provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer;
(e)provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health.
(3)For the purposes of sub-sections (1) and (2)—
(a)a reference to an employee includes a reference to an independent contractor engaged by an employer and any employees of the independent contractor; and
(b)the duties of an employer under those subsections extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.
(4)An offence against sub-section (1) is an indictable offence.
Owners corporation managers/staff often attend meetings that are held in isolated locations, with equally isolated and dark car parks, buildings and walkways. Managers/staff are also often unaware of those people attending such meetings and so are putting themselves with further unknown exposure with no support person(s) around in the event of an emergency. It has been well documented that there have been a number of incidents where owners corporation managers have been physically and verbally threatened and attacked.
There are also other risks that owners corporation managers and their staff areexposed to when visiting properties. Potential hazards such as, slips, trips and falls, avoiding obstacles, traffic issues, operating plant, exposure to hazardous substances, noise, dust, attack by animals etc, are some other examples of risks facing personnel.
Risk Assessment
It is mandatory for managers to undertake risk assessments for all identified hazards within the workplace. Workplaces include in and out-of-office locations where staff may work alone or in the company of others.
Refer to Risk Assessment Form (Attachment 1) and a completed Risk Assessment Form Sample (Attachment 2)
The Principles of Occupational Health and Safety Act 2004 requires:
- Importance of health and safety requires that employees, other persons at work and members ofthe public be given the highest level of protection;
- Persons who control or manage matters that give rise or may give rise to risks to health andsafety are responsible for eliminating or reducing those risks;
- Employers and self-employed persons should be pro-active to take reasonable measures;
- Employers and employees should exchange ideas about risks in order to eliminate or reducerisks; and
- Employees are entitled and should be encouraged to be represented in regard to health andsafety matters.
Managers should be aware that a premises risk assessed for meetings is suitable for adults only. This means children and toddlers should not be in attendance.
Minimising the risk of personal injury
Aggression can take the form of actual physical violence, intimidation or threatening behaviour.
Employers should have suitable procedures in place to minimise the risk of aggression and other healthand safety risks. Employers need to provide a safe system of work, including relevant information,instruction and training for employees who work out-of-office.
Suggested safeguards to minimise injury can include:
- when attending owners corporation meetings it is preferable to arrange and conduct these meetings at the owners corporation manager’s in-house office or venue and the meeting be held within normal working hours. Many managers have successfully conducted meetings either early morning and/or around 4.00pm to be able to be finished well within business hours, with attendances being better than those held out of hours.
- develop procedures to handle situations that may arise;
- mobile communications (either phones or walkie-talkies) must always be available;
- a range of emergency, personal distress and violent attack alarms should be made available;
- records of staff whereabouts should be kept;
- information on high risk geographical areas or jobs should be given to staff;
- develop emergency plans;
- instigate incident reporting and incident investigation;
- undertake communication and consultation with staff.
Trades Personnel Meetings / Property Inspection
On-site meetings with trades’ people are sometimes required to discuss trade quotes, work issues, orworks to be performed. In many cases, there are a number of risk issues thatarise. In particular, there are risks connected with:
- demolition work
- fallen tree damage
- debris removal
- refurbishment programs
- fire damage
- flooding
- electrical repairs
Consideration should be given to the exposure of potential hazards and risks, such as:
- fall and trip hazards
- unsound flooring
- exposed wiring / electrocution
- unstable ground / subsidence
- machinery in-use
- ‘hot-work’ in progress
Precautionary hazard assessment and risk control should be compulsory for all managers/staff whenconfronted with these risks. Personal care is paramount and a ‘duty of care’ is mandatory.
In regard to personal safety, managers/staff should ensure that the carrying of mobile phones bemandatory. All steps should be taken to inform other staff members (if practicable) upon arrival anddeparture.
Marketing of Services / Property Developers
Meetings with property developers may also present risk issues. Properties ‘under-development’provide a ‘minefield’ of risks facing the unwary visitor. Many sites have stringent OH&S mandatoryrequirements in regard to onsite visitors. As a visitor to a site, owners corporation managers/staff should beinducted by site staff prior to entering a development site.
The major issues that face managers/staff are the pitfalls associated with the unfamiliarity of theworksite. Areas of risk include:
- slips, trips and fall hazards
- falling from heights
- scaffolding
- plant and equipment
- traffic issues
- pre-cast collapse
- hit by moving object
- excavation
- dangerous goods
- hazardous substances
- bodily injury (eye, foot etc)
Summary
The underlying ‘duty of care’ cannot be transferred or ignored by owners corporation managers whenattending to business out-of-office and/or out-of-hours. Occupational Health and Safety is a critical issue facing managersand requires continued scrutiny of their OH&S Management System to ensure the risks of working out-of-office and/or out-of-hours are mitigated. It requires ongoing communication and consultation with staff, together withongoing risk assessment of the identified risks.
References
- WorkSafe Victoria, June 2006 ‘Real Estate Agent Out-Of-Office Safety’ 1st Edition
- SCA (Vic) May 2010, ‘After Hour Meetings’.
About This Publication
This publication has been developed by SCA (Vic) in conjunction with Trades Monitor; and with guidance from WorkSafe Victoria. SCA (Vic) gratefully acknowledges their input.
Further Information
There are many recognised case studies that are aligned to the owners corporation industry that can provide reference material. WorkSafe Victoria produces a range of guidance material that provides comprehensive advice on systems for controlling risks in the workplace. For more information, visit WorkSafe’s website at contact the WorkSafe Advisory Service on (03) 9641 1444.
Version 1.0 – October 20111
Thispublicationis only a guide. Readers should make and rely on their ownexpert enquiries.No warranty is given about the accuracy of the material and no liability for negligence or otherwise is assumed by SCA (Vic), its servants or agents in any way connected with this publication.
© The use of this publication is approved and recommended by SCA (Vic), which is the owner of the copyright. Unauthorised reproduction in whole or in part is an infringement of copyright.
Version 1.0 – October 20111
Owners Corporation Management – Risk Assessment Form
Worksheet No:
Date of Assessment:
Assessment conducted by:
People consulted:
Risk assessment method used:
No. / Hazards Identified(Describe the situation which could possibly give rise to injury, illness or disease) / Is there any risk? / Where there is a risk, describe the proposed risk control measures / Date for the implementation of practicable risk control measures / Responsible person
Yes / No / List any risk control measures already implemented to address the hazard
Version 1.0 – October 20111
Owners Corporation Management – Risk Assessment Form
Worksheet No: 1
Date of Assessment:15/10/11
Assessment conducted by: Steve Tomming
People consulted:All Staff
Risk assessment method used: Risk CalculatorNo. / Hazards Identified(Describe the situation which could possibly give rise to injury, illness or disease) / Is there any risk? / Where there is a risk, describe the proposed risk control measures / Date for the implementation of practicable risk control measures / Responsible person
Yes / No / List any risk control measures already implemented to address the hazard
1 / Walking through car park alone after 9.00pm / / None / Arrange for meeting to be held in BC Office at 4pm (Limit finishing time)
2 / Attending annual general alone meeting – Tenant Building / / None / Arrange for meeting to be held in BC Office at 4pm (Limit finishing time)
3 / Attending meeting with tenant – private apartment / / None / Meet in public place
4 / Meeting with engineer – tree falling site / / None / Ensure hazards are identified and isolate from the area
5 / Site meeting with property developer / / None / Meet away from identified hazards
6 / Walking to car park after a meeting held in office, finishing after normal office hours. / / Holding meeting in office / Arrange for employee to have mobile communication and/or personal distress alarm
Risk assessment method used:Risk Calculator
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