All owners must be made aware that, where they engage the services of a contractor to do repairs or improvements to their section of the building, where they are working on that part of the building, cover technically ceases for the time that work is being done in that area. The contractor should provide proof of contractors all risk / liability cover and the owner is responsible for this.The trustees are responsible in the same way to ensure that contractors engaged by them have such cover. Any owner, engaging the services of a contractor on site, should be providing the trustees with a copy or proof of such cover.
It is my opinion that trustees who give permission for contract work without insisting on proof of such cover, could be acting negligently.
Likewise, to engage the services of an informal worker to carry on tasks such as painting, repairs etc, one should ensure that all risks are properly considered. Who pays when a 20 litre tin of paint falls 2 storeys onto a luxury motor vehicle?
Trustees should ensure that there is a formal procedure and/or set of rules in place, which all owners should be aware of, as far as contract work in and about their sections is concerned.
Bodies Corporate should be very aware of the OHS Act and safety compliance when dealing with contractors around the buildings, particularly, common property. Trustees and Managing Agents not heeding to this legislation could be criminally liable should a worker be hurt or fatally injured on site and these statutory requirements / aspects not dealt with properly.
Note: It is suggested that a safety consultant be engaged to discuss the needs of your body corporate. See http://www.facebook.com/group.php?v=info&gid=39332812330
