Duties of employers
Where the indoor air quality of a building used as a workplace presents a hazard (to some or all workers occupying the building, or other people accessing the building), the person conducting a business or undertaking (PCBU) has a primary duty of care under Section 19 of the Work Health and Safety Act 2020 (‘the Act’), to ensure, so far as is reasonably practicable, the health and safety of workers and others. at the workplace.
When a worker or other person reports health effects which may be related to indoor air quality, a duty holder has an obligation to manage the risks to health and safety in accordance with Part 3.1 of the Work Health and Safety (General) Regulations 2022 (‘the Regulations’).
Furthermore, Regulation 40 of the Regulations requires a PCBU at a workplace to ensure, so far as is reasonably practicable, the ventilation enables workers to carry out work without risk to health and safety.
Duties of the person in control of the building
In some cases, aspects of indoor air quality may not be in the control of the PCBU who operates the workplace.
Under Section 20 of the Act, a person with management or control is considered a PCBU at the workplace, to the extent that their business or undertaking involves management and control of the workplace.
They have a duty of care to ensure, so far as is reasonably practicable, that anything arising from the workplace is without risk to health and safety of any person. This includes the indoor air quality at the workplace.
Likewise, under Section 21 of the Act, a a person with management or control is considered a PCBU at the workplace, to the extent that their business or undertaking involves management and control of fixtures, fittings or plant at the workplace.
They have a duty of care to ensure, so far as is reasonably practicable, that the fixtures, fittings or plant are without risks to the health and safety of any person. With regard to indoor air quality, this could include the maintenance of the heating, ventilation, and air conditioning system.
Overlap of duties
Where the duties of the PCBU and the a person with management or control overlap, they should reach an agreement about how to address the issue. This means that the duty to provide and maintain a safe work environment and adequate facilities may be shared between duty holders. For example, a PCBU renting their workplace will share duties with the landlord or property manager.
If no-one addresses the issue, both parties may be in breach of their duties.