Health and Safety in Community Schemes
Does the OHS Act Apply to Residential Schemes?
Many Scheme Executives and owners assume that the Occupational Health and Safety (OHS) Act only applies to businesses. This is incorrect.
Does the OHS Act apply to Community Schemes?
Yes.
The Occupational Health and Safety Act, 85 of 1993 applies to:
- workplaces
- and any environment where people may be affected by work activities
This includes community schemes such as:
- Sectional Title Schemes
- Homeowners Associations (HOAs)
- Retirement villages
Community schemes are not exempt from the Act.
Why does it apply to your scheme?
A scheme operates in two roles:
1) As an employer
If your scheme employs:
- gardeners
- cleaners
- caretakers
You must:
- provide a safe working environment
- identify hazards
- provide training and protective equipment
2) As a client
When appointing contractors (e.g. plumbers, painters, electricians), the scheme must:
- ensure contractors are compliant
- provide safety specifications
- manage risks on common property
This is where most schemes fall short.
What areas create the biggest risk?
Common property is the highest-risk environment because it is:
- shared by many people
- less controlled than private units
- constantly accessed by residents, visitors, staff, and contractors
Typical risks include:
- slips, trips, and falls
- poor lighting
- unsafe walkways or stairs
- exposed drains or manholes
- unsafe contractor work areas
What happens if your scheme is not compliant?
Non-compliance can result in:
- legal liability
- fines and penalties
- repudiated insurance claims
- personal liability for Scheme Executives
- serious reputational damage
In severe cases, criminal consequences may apply.
The key takeaway
Health and safety compliance is:
- not optional
- not just for businesses
- a legal duty for Community Schemes