You Can Go to Prison When Painting Exterior: Responsibility of the Manager for Scaffolding and Occupational Safety

You have decided to paint or sheathe the exterior of your apartment building. A majority was provided at the general meeting, the budget was collected and you agreed with a master or firm. Huge iron piers were installed in front of the building and work began.

So, did you notice that a worker working on that dock did not wear a belt or that the scaffold was not securely fixed? If you say, “Oh dear, I gave the money, I transferred the work to the company, the rest is none of my business,” you are in a very big mistake in law. At the time of an accident, you can find yourself in the defendant's chair in the courtroom.

Will giving the job to the company save you?

The biggest trap managers fall into is that they think that all legal responsibility lies with the contracting firm because they contract on a turnkey basis. Supreme Court rulings are very strict in this regard. The management of the apartment is legally in the status of “Employer” or “Employer Agent”. Even if you have transferred the work to a company, your obligation to supervise the work done in front of the apartment building, foresee risks and, if necessary, stop work.

If the company you contracted with is found to employ uninsured workers, does not provide workers with helmets or seat belts, and there is a fatal/injurious accident, the manager will face criminal proceedings for the charge of “Causing Death by Taxpayer”.

What Should the Administrator Check When Installing the Scaffolding?

• Clause “OHS” in the contract: The clause “Taking all occupational health and safety measures, providing protective equipment and any legal/criminal liability that may arise belongs to the contracting company” must necessarily be added to the contract concluded with the company. This clause does not completely exclude you from criminal proceedings, but it does recognize the right to recourse (to reflect the compensation to
the company).
• SSR Entries and OHS Documents: The insurance entry declaration, certificate of training for work at height and health report of each worker who will go to the dock must be on the manager's desk before starting work.
• Physical Safety Area: Has the protective netting been pulled for apartment dwellers, children or parked vehicles passing under the pier? Have the perimeter barricades been installed? If a stone falls on the head of a resident entering the building, the responsibility is again with the
administration.

As soon as you say I'm in an accident, use your power to stop

Stop work immediately if you see workers working without helmets on a swinging platform that is not netting, not fixed to the wall, while passing in front of the building. Draw a written alert to the company (if possible via WhatsApp or the alert channel) and do not allow it to work until precautions are taken. This move both saves a life and protects you from court proceedings that will last a lifetime.