Landlord Health and Safety Obligations
Landlord Health and Safety Obligations. Are you Compliant?
As an independent Landlord, you are a PCBU (Person Conducting a Business or Undertaking). This means you have a duty of care, as far as is reasonably practicable, to ensure the health and safety of everyone involved with or affected by work undertaken on your property. We offer a Landlord Health and Safety Process that is designed to assist property owners in becoming compliant with the Health and Safety at Work Act 2015 . Make sure you are meeting your Duty of Care.
Only $6.50 +GST per month
Our Landlord Health and Safety Process includes:
- Health and Safety Management System – information relevant to your risks
- Guidance on how to implement your program.
- Access to your own personal online Health and Safety portal, helping you to manage your Health and Safety systems.
- Online access and phone support with a Health and Safety Coach.
- Regular monthly updates and real time updates to legislation.
- Asbestos management policy and procedure.
- Methamphetamine management policy and procedure.
- Access to Rental Property Management insurance discount scheme (10 – 15%, subject to approval).
Property Managers Click Here
Frequently Asked Questions
Q: Why do I need a Health and Safety process for my rental property?
A: As a Landlord you are a PCBU (person conducting a business or undertaking). All PCBU’s have a duty of care, so far as is reasonably practicable, to ensure the health and safety of everyone involved with or affected by work on or at your property. Our Landlord Health and Safety process sets you up to ask all the correct questions and follow the right steps to ensure the contractors you engage are meeting their requirements.
Q: I’m a property owner living overseas currently. I haven’t stepped foot on my property in 8 years. How am I supposed to monitor the Health and Safety of those on my property? And does this still apply to me?
A: You are operating your business in NZ. This means NZ laws apply. By implementing our system you would be deemed to be carrying out steps as “far as reasonably practicable”.
Q: Are contractors not supposed to be managed by their own bosses? Eg, their own PCBU’s
A: Yes they are, however it is well known (deaths and injury rates in the workplace) they tend not to do what they are meant to. As the principle, you should ‘set the expectations’ of all operations on your property. A duty of care imposed on a person under the HSWA may not be transferred to another person.
Q: Contractors cannot be monitored all the time. What happens if an accident happens because a contractor cuts a corner. Even though I have a Landlord Health and Safety process in place?
A: You can only manage what you can manage. And you should do so in a “reasonably practicable” way. Utilising the process, means you can demonstrate all reasonably practicable steps were taken.
Q: What if a tenant does work without my knowledge and gets seriously injured, or worse, killed?
A: The only question would be asked are “why were they doing the work in the first place”. If it was a safety feature that you were notified of that required fixing and choose not to fix it then the Act would apply.
If they did something “just because”, then the Act doesn’t apply.
The simple answer is “You can’t manage a risk that you don’t know about.”