The tragic incident of a fatal gate collapse at an industrial strata scheme in New South Wales in 2020 serves as a stark reminder of the critical importance of workplace health and safety (WHS) in all environments, including strata schemes. In a webinar on 5 September, 2024 Scott Bellerby from B Strata, Marcus Munstermann from QIA Group and Carolyn Meighan from Bugden Allen Lawyers cover the key lessons learned by conduction an analysis of the fatal gate collapse incident, focusing on the roles of strata managers and owners in ensuring a safe and compliant workplace.
By examining the circumstances surrounding the gate collapse, we gain valuable insights into the potential consequences of neglecting WHS obligations and identify practical steps that strata schemes can take to prevent similar tragedies. This analysis will provide a comprehensive understanding of the legal and ethical responsibilities of strata managers and owners in relation to WHS and offer guidance on how to create a safer environment for everyone involved.
NAT WHS and Strata Safety: A Case Study of a Fatal Gate Collapse
Key Takeaways from the June 4, 2020 Tragedy
As part of the fatal gate collapse incident analysis, the webinar highlighted how both strata managers and owners have distinct but interconnected roles in safeguarding the health and safety of individuals within a strata scheme.
- Strata Managers as PCBUs: Strata managers are legally obligated as persons conducting a business or undertaking (PCBU) to ensure the safety of their workplace. This includes managing risks, providing safe access, and maintaining infrastructure.
- Owner Responsibilities: Owners have a duty to ensure their actions do not contribute to unsafe conditions. This involves being aware of potential hazards and taking appropriate steps to address them.
Lessons Learned from the Fatal Gate Collapse
- Prioritise Risk Assessment: Regular risk assessments are essential for identifying potential hazards, such as faulty gates, and implementing preventive measures.
- Foster Effective Communication: Open and transparent communication between strata managers, owners, and occupiers is crucial for timely identification and resolution of safety issues.
- Develop Robust Emergency Procedures: Having well-defined emergency plans in place can help minimise the impact of accidents and ensure a swift response.
- Invest in Professional Maintenance: Regular inspections and maintenance by qualified professionals are vital for preventing equipment failures and ensuring safety.
- Promote a Culture of Safety: Encourage a safety-conscious culture within the strata scheme by providing training, promoting awareness, and fostering a sense of shared responsibility.
Practical Steps for Strata Schemes
What can strata schemes learn from this incident? In light of the tragic gate collapse incident, strata schemes must prioritise proactive measures to prevent similar tragedies. By being proactive about WHS in your strata scheme, strata managers and owners can significantly reduce the risk of accidents and create a safer environment for all occupants.
- Create a Comprehensive WHS Plan: Develop a detailed plan outlining the scheme’s policies, procedures, and responsibilities for ensuring a safe environment.
- Train Staff and Owners: Provide regular training on WHS obligations, hazard identification, and emergency procedures to all stakeholders.
- Implement Emergency Response Protocols: Ensure that emergency procedures are well-established, regularly reviewed, and practiced.
- Maintain Accurate Records: Keep detailed records of all WHS activities, including inspections, training, and incident reports.
- Seek Expert Advice: If unsure about WHS obligations or how to address specific safety hazards, consult with a qualified professional.
By understanding their respective roles and responsibilities, and taking proactive steps to address safety concerns, strata managers and owners can significantly contribute to a safer environment within their strata schemes. This analysis of the tragic gate collapse incident serves as a stark reminder of the importance of prioritising workplace health and safety. By implementing comprehensive WHS plans, providing regular training, and fostering a culture of safety, strata schemes can effectively mitigate risks and protect the well-being of all occupants.
Presenters
Scott Bellerby
B Strata
E: scott.bellerby@bstratawa.com.au
P: 08 9382 7700
Marcus Munstermann
QIA Group
E: marcus@qiagroup.com.au
P: 1300 309 201
Carolyn Meighan
Bugden Allen Graham Lawyers
E: carolyn@bagl.com.au
P: 08 9254 6304
Article author:
The Lookupstrata Team
This post appears in Strata News #711.
Read next:
- NAT: WHS and duty of care for owners and strata managers
- NAT: Work Health and Safety in Strata
- NSW: Important Work Health & Safety Case Part 2: Owners Corporation fined $225,000.00 as a PCBU
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Does this horrific incident have repercussions? For instance, should the owner’s corporation raise the height of all illegal balustrades? Mine is only 850mm high, not the required 1metre. Just because it was legal back in 1983, should it still be regarded as such now?
It also has a foothold between the concrete base and the glass balustrade. Any small child could climb onto it and fall six floors to the street below?
Hi DEnise
You may wish to read this: NSW: Upgrade That Balustrade!