Health and safety is an important consideration for every sectional title scheme. From common property maintenance to fire safety and contractor activities, bodies corporate need to take reasonable steps to identify and manage potential risks.
However, responsibility does not automatically fall on one person. The body corporate, trustees, owners, employers and contractors may have different responsibilities depending on the circumstances.
Professional property managers can also assist by advising trustees and owners, coordinating maintenance and helping ensure that identified risks are appropriately addressed.
What Does Health and Safety Mean?
In a sectional title scheme, health and safety generally refers to protecting residents, visitors, workers and contractors from hazards associated with the property and activities taking place on it.
Potential hazards can include damaged walkways, unsafe stairs, inadequate lighting, electrical faults, fire hazards, faulty equipment and poorly maintained common areas.
Health and safety is therefore closely connected to maintenance, risk management and compliance.
The OHS Act and Sectional Title Schemes
The Occupational Health and Safety Act 85 of 1993 establishes important requirements relating to occupational health and safety in South Africa.
The Act is particularly relevant when employees or contractors perform work at a sectional title scheme.
Its requirements can apply differently depending on the circumstances, including the nature of the work and the relationship between the parties involved.
Bodies corporate should therefore avoid assuming that every OHS requirement applies to them in exactly the same way. Where there is uncertainty, appropriate professional advice should be obtained.
Who is Responsible for Health and Safety?
Responsibility for health and safety is not necessarily limited to the body corporate.
The body corporate has important responsibilities concerning the management and maintenance of common property. Trustees, acting on behalf of the body corporate, should ensure that appropriate steps are taken when health and safety risks are identified.
Owners may have responsibilities relating to their individual sections, while employers and contractors may have separate obligations concerning work being performed on the property.
The exact responsibility depends on the particular risk, activity and circumstances.
The Role of Trustees
Trustees have an important role in overseeing the management of health and safety risks affecting the scheme.
They should ensure that potential hazards on common property are identified and addressed.
This may include arranging inspections, approving necessary repairs, dealing with reported hazards and obtaining professional assistance where appropriate.
Health and safety should also be treated as an ongoing responsibility. Risks can change as buildings age, equipment deteriorates or new contractors and activities are introduced.
Important Areas of Health and Safety
Common property maintenance
Damaged paving, loose railings, defective stairs, potholes and inadequate lighting can create risks for residents and visitors.
Regular inspections and prompt repairs can help reduce these risks.
Fire safety
Fire safety is particularly important in sectional title developments.
Bodies corporate should consider appropriate fire prevention measures, emergency procedures, access for emergency services and the maintenance of relevant fire safety equipment.
Electrical safety
Electrical systems and equipment should be properly maintained and inspected by appropriately qualified professionals where necessary.
Faulty electrical infrastructure can create risks including fire and electric shock.
Contractor safety
Sectional title schemes regularly use contractors for maintenance, landscaping, security and repairs.
Trustees should take reasonable steps to ensure contractors are suitably qualified and that applicable health and safety requirements are addressed.
Swimming pools and recreational facilities
Communal swimming pools, play areas and other facilities can present additional risks.
Appropriate maintenance and safety measures should be implemented based on the particular facility and applicable requirements.
Why Record Keeping Matters
Good records are an important part of effective health and safety management.
Bodies corporate should keep appropriate records of inspections, reported hazards, maintenance, repairs, contractor activities and relevant compliance documentation.
These records help trustees track outstanding issues and demonstrate that identified risks are being taken seriously.
They also provide useful information for future trustees and property managers.
How Professional Property Managers Can Help
Professional property managers do not automatically become legally responsible for a body's health and safety obligations simply because they have been appointed to manage a scheme.
Their role is to advise and support trustees and owners.
A property manager can help identify areas requiring attention, coordinate inspections and maintenance, obtain quotations from appropriate contractors and maintain records of completed work.
They can also advise trustees when specialist assistance may be required, such as for electrical, structural or fire safety matters.
This support allows trustees to make better-informed decisions while retaining their responsibilities.
The Benefits of Proactive Management
Taking a proactive approach to health and safety can help reduce accidents, protect common property and limit potential liability.
Regular inspections and preventative maintenance can also identify problems before they become expensive emergencies.
Most importantly, proactive management helps create a safer environment for residents, visitors and workers.
What Happens When Health and Safety is Neglected?
Neglecting known health and safety risks can have serious consequences.
An unresolved hazard could contribute to an accident or injury, potentially resulting in claims, legal costs, repair expenses and reputational damage.
Deferred maintenance can also cause property deterioration and make eventual repairs considerably more expensive.
For these reasons, health and safety should form part of the body's broader maintenance, governance and risk-management strategy.
Conclusion
Health and safety is a shared concern within sectional title schemes. The body corporate and trustees have important responsibilities relating to common property, while owners, employers and contractors may have additional obligations depending on the circumstances.
Professional property managers can assist by advising trustees, coordinating inspections and maintenance, maintaining records and helping ensure that identified risks receive appropriate attention.
Ultimately, effective health and safety management starts with prevention. Identifying hazards early, maintaining common property and obtaining professional advice where necessary can help protect residents, property and the interests of the entire scheme.
FAQs
What are the duties of health and safety?
Health and safety duties generally include identifying hazards, assessing risks, taking reasonable steps to reduce those risks, maintaining safe environments and providing appropriate information, training and supervision where required.
What is Section 7 of the OHS Act?
Section 7 of the Occupational Health and Safety Act deals with health and safety policy. It provides for the promotion and formulation of occupational health and safety policy in South Africa.
What is Section 8.2 of the OHS Act?
Section 8(2) sets out steps employers should take to provide and maintain a working environment that is safe and without risks to employees' health. These include identifying hazards, evaluating risks, implementing precautionary measures and providing appropriate information, instruction, training and supervision.
