What can we do if our office landlord is failing to meet their duty of care?
Question: Recently, we had an incident report submitted by an employee based at an office facility we lease in northern Sydney. The incident related to a near miss with a pedestrian in the office carpark. Prior to this incident, our company had raised issues with the property managers about the parking area and what was assessed to be inadequate provisions for safe pedestrian and vehicle access. We share the office facility and carpark with other lessees.
To date, the response from the property manager has been inadequate. We wish to escalate the issue, and to do that we want to confirm the responsibilities and duty of care of these parties.
The Traffic Management chapter of the Handbook is written principally around the scenario where the PCBU has complete control of the area in question. Can you provide some clarity and additional information on this topic?
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