Legislation Explained
- Under the Work Health and Safety Act 2022 (WA), the State Government has established the Code of Practice – Managing the Risk of Falls at Workplaces. The Code of Practice provides practical guidance for managing fall risks and outlines the measures expected to support compliance with Western Australian work health and safety legislation, as administered by WorkSafe WA.
- The requirements outlined in the Code of Practice are to be considered in conjunction with the National Construction Code (NCC), formerly referred to as the Building Code of Australia (BCA), particularly in relation to the provision of safe access for maintenance activities within commercial buildings.
- Applicable Australian Standards also form an important component of the compliance framework and are required to be considered and applied where referenced by the NCC and relevant legislation.
Responsibilities and Duty of Care
Under Western Australia's Work Health and Safety Act 2020, persons conducting a business or undertaking (PCBUs) and persons with management or control of a workplace have obligations to ensure, so far as is reasonably practicable, that the workplace and its means of access and egress are safe and without risks to health and safety.
For commercial and industrial buildings, these responsibilities may extend to building owners, landlords, property managers, occupiers and other parties who have management or control of the workplace or relevant fixtures and fittings. Where more than one duty holder has responsibility for the same matter, the WHS Act requires those parties to consult, cooperate and coordinate their activities.
The introduction of industrial manslaughter provisions further reinforces the importance of identifying and appropriately managing foreseeable workplace health and safety risks. Industrial manslaughter provisions apply in specific circumstances where a PCBU or officer has a relevant health and safety duty, fails to comply with that duty, and the conduct causes a death in circumstances meeting the statutory test.
Where maintenance of a building requires access to roofs, plant, equipment or other non-habitable areas, appropriate consideration should therefore be given to providing safe and suitable access as part of the overall risk-management process.
Roof Access WA assists building owners, managers and other duty holders by assessing existing access arrangements, identifying potential risks and providing practical roof access, fall-prevention and fall-arrest solutions.
Our role is to provide specialist technical advice and installation services that assist clients in managing their WHS obligations and providing safer access for maintenance personnel. The specific responsibilities of each party will depend on their role, management or control of the workplace and the circumstances of the work being undertaken.
PCBUs and Shared Responsibilities
A Person Conducting a Business or Undertaking (PCBU) has a primary duty under Western Australia's Work Health and Safety Act 2020 to ensure, so far as is reasonably practicable, the health and safety of workers and other persons who may be affected by the work being undertaken.
In relation to roof access and maintenance, WHS responsibilities can extend across multiple parties involved in the planning, design, construction, management, maintenance and use of a building. This may include building owners, developers, designers, builders, property managers, contractors, suppliers and installers, depending on their respective roles and duties.
Where more than one person or organisation has a duty in relation to the same health and safety matter, the WHS legislation requires those duty holders to consult, cooperate and coordinate their activities so far as is reasonably practicable.
This means that the provision of safe and appropriate roof access should be considered throughout the building's lifecycle, rather than being treated solely as an operational or maintenance issue after construction is complete.
Roof Access WA works with relevant duty holders to assess roof access requirements and provide practical solutions, including access systems, walkways, guardrails, anchor points and fall-protection systems. Our role is to assist clients and other duty holders in identifying foreseeable risks and implementing appropriate control measures in accordance with applicable legislation, standards, codes and manufacturer requirements.
The specific obligations of each party will depend on their role and the circumstances of the project. Roof Access WA's objective is to support a coordinated approach to roof access safety and ensure that appropriate provisions are considered, documented and implemented.