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Is my body corporate a PCBU
A body corporate responsible for common areas used only for residential purposes is generally not regarded as a person conducting a business or undertaking (PCBU).
However, if the body corporate employs any worker or is responsible for common areas used for commercial purposes (for example, shops or restaurants), it will be a PCBU and have duties under the Work Health and Safety Act 2011 (the WHS Act), to ensure so far as is reasonably practicable:
- the health and safety of its workers in the workplace
- the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person
- the fixtures, fittings and plant are without risks to the health and safety of any person.
Additional duties (for commercial/mixed common areas built before 1990) may also include:
- the preparation, maintenance and review of an asbestos register and asbestos management plan
- ensuring (where applicable) that the asbestos register and asbestos management plan are readily accessible to any worker or contractor who has carried out, carries out or intends to carry out, work at the workplace
- ensuring the safe management and removal of asbestos.
Workplace Health and Safety Queensland's website provides further guidance for apartment owner occupiers and bodies corporate.