The New Health & Safety Legislation
The New Legislation
The Health and Safety at Work Act 2015 (HSWA) is in force from 4 April 2016. The HSWA replaces the duties owed by employers with a broader duty owed by “persons conducting a business or undertaking”. This comes with a new duty to take “reasonably practical steps” to secure workers’ health and safety. Guidelines have yet to be promulgated for commercial landlords, therefore the general regulations will apply. What is a PCBU? The HSWA defines a PCBU as any person or organisation conducting a business or undertaking, whether alone or with others, and whether or not for profit or gain. The HSWA has also defined a ‘workplace’, being a place where work is being carried out, or is customarily carried out. In the context of a commercial rental, the landlord is conducting a business by renting a building and therefore is a PCBU The tenant conducting a business in the building would also be a PCBU, so both tenant and landlord have responsibilities under the Act What duties does a PCBU have? A PCBU has a responsibility to take ‘reasonably practicable steps’ to ensure the safety of workers and other persons. This includes taking reasonably practicable steps to ensure:
Practical Steps for Landlords As a PCBU a landlord should:
We have started to amend our leases to reflect these changes. We recommend that you obtain professional assistance from a recognised provider to assist with these goals. Peter Twigg Partner +64 6 835 8939 [email protected] |
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