Workplace Safety and Health Act · s 19

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19.
Duties of occupier of common areas
(1) For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of that building (referred to in this section as the common area) which is used by persons at work in any such workplace or is used by such persons to move through shall be treated as part of their workplace.
(2) It shall be the duty of the occupier of the common area to comply with any provision of this Act with respect to —
(a) electric generators and motors located in the common area;
(b) hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;
(c) means of access into or egress from the common area;
(d) any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area;
(e) signage and evacuation plans in the common area in cases of emergency; and
(f)
safety and environmental conditions in the common area.
(3) In this section —
“common property” means —
(a) in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —
(i) not comprised in any lot or proposed lot in that strata title plan; and

Workplace Safety and Health 36
(ii) used or capable of being used or enjoyed by occupiers of two or more lots or proposed lots; or
(b) in relation to any other land and building, such part of the land and building —
(i) not comprised in any non-strata lot; and
(ii) used or capable of being used or enjoyed by occupiers of two or more non-strata lots within that land or building;
“limited common property” means such part of the common property in a parcel that is —
(a) in the case of common property to be comprised in a strata title plan, designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of any two or more (but not all) of those proposed lots in the parcel; or
(b) in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan for the exclusive benefit of the subsidiary proprietors of two or more (but not all) lots in that strata title plan, but does not include —
(i) the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel;
and
(ii) any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel;
“occupier”, in relation to a common area, includes the strata or management corporation having control of that common area;

Workplace Safety and Health

“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan.

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s 19Duties of occupier of common areas

(1)

For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of that building (referred to in this section as the common area) which is used by persons at work in any such workplace or is used by such persons to move through shall be treated as part of their workplace.

(2)

It shall be the duty of the occupier of the common area to comply with any provision of this Act with respect to —

(a)

electric generators and motors located in the common area;

(b)

hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;

(c)

means of access into or egress from the common area;

(d)

any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area;

(e)

signage and evacuation plans in the common area in cases of emergency; and

(f)

safety and environmental conditions in the common area.

(3)

In this section —

“common property” means —

(a)

in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —

(i)

not comprised in any lot or proposed lot in that strata title plan; and

Workplace Safety and Health 36

(ii)

used or capable of being used or enjoyed by occupiers of two or more lots or proposed lots; or

(b)

in relation to any other land and building, such part of the land and building —

(i)

not comprised in any non-strata lot; and

(ii)

used or capable of being used or enjoyed by occupiers of two or more non-strata lots within that land or building;

“limited common property” means such part of the common property in a parcel that is —

(a)

in the case of common property to be comprised in a strata title plan, designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of any two or more (but not all) of those proposed lots in the parcel; or

(b)

in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan for the exclusive benefit of the subsidiary proprietors of two or more (but not all) lots in that strata title plan, but does not include —

(i)

the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel;

and

(ii)

any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel;

“occupier”, in relation to a common area, includes the strata or management corporation having control of that common area;

Workplace Safety and Health

“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan.