WHS Compliance for Commercial Landlords: Inspection Obligations Under the Model Act
Commercial landlords are PCBUs under the Model WHS Act in most states, and that means real, ongoing inspection duties for common areas and shared services.
In this category →Commercial Property Inspection SoftwareThe Model Work Health and Safety Act has been adopted by most Australian states and territories, with Victoria continuing to use its Occupational Health and Safety Act 2004. Under the Model Act, a "person conducting a business or undertaking" (PCBU) owes broad duties of care to anyone whose work activities they influence, and that catches commercial landlords.
A landlord PCBU has duties to workers on the premises, even if those workers are employed by the tenant. This includes ensuring common areas, shared services, plant, and access arrangements are safe and without risks to health. The duties extend to reasonably practicable inspection, maintenance, and risk management.
The practical implications are clear. Landlords should commission regular inspections of common areas and shared plant, lifts, fire systems, electrical mains, structural elements, and access ways. These inspections should be documented, with defects rectified within agreed timeframes.
Lease wording matters. The lease should clearly allocate WHS duties between landlord and tenant, particularly for shared plant and common areas. Ambiguity in the lease becomes a problem when an incident occurs.
Safe Work Australia publishes model codes of practice that provide regulator-endorsed guidance. State WHS regulators apply the Act day to day.
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