Near misses and minor incidents on common property are easy to overlook, particularly when no one is injured and no immediate damage occurs. However, under work health and safety (WHS) principles, risks do not always emerge suddenly. More commonly, they are preceded by smaller events that indicate changing conditions, emerging hazards, or control measures that may no longer be effective.
For owners corporations and bodies corporate, recognising near misses as early warning signs can support a proactive approach to WHS risk management. These events may help committees identify foreseeable risks earlier and review whether existing controls remain suitable.
Under model WHS laws, duty holders are required to manage risks to health and safety so far as is reasonably practicable. Duty holders include anyone responsible for managing or controlling common property, such as an owners corporation or body corporate. This includes identifying hazards, assessing risks, and implementing appropriate control measures for common property areas.
In a strata context, owners corporations and body corporates may be considered persons conducting a business or undertaking (PCBUs) or persons with management or control of a workplace, particularly where workers such as cleaners, contractors, tradespeople, or building managers are engaged.
While near misses and minor incidents may not result in injury, they can still indicate that a hazard exists or that exposure has occurred. Considering these events as part of ongoing risk management supports the preventative intent of WHS laws, which focus on managing risks before harm occurs rather than responding only after an incident.
SafeWork Australia explains that managing risks so far as is reasonably practicable involves considering what is known about a hazard, the likelihood of harm, the degree of harm that could result, and the availability and suitability of control measures. This means, having identified what can reasonably be done, weighed up the degree and likelihood of harm and how far a control may minimise the risk.
Any attempts to contractually alter this responsibility would not be valid. However, duty holders can cooperate and coordinate to avoid duplicated efforts and meet all obligations.
For instance, a worker could also be an officer or an independent contractor (a PCBU).
In this case, each person must meet their duty to the required standard, retain responsibility, and consult, coordinate, and cooperate with other duty holders.
It is the duty holder's responsibility to manage risks by eliminating them as far as reasonably possible or, if not feasible, to minimise the risks.
When near misses or minor incidents are repeatedly observed but not reviewed, opportunities to manage emerging risks may be missed. Over time, this can weaken a committee’s position if a more serious incident later occurs and it becomes apparent that earlier warning signs were visible but not acted upon.
Slips, trips and falls are commonly reported workplace injuries, including in strata environments, and are often preceded by near misses or minor incidents.
SafeWork Australia’s guidance emphasises that WHS risk management is not a one‑off activity. It involves ongoing review and consideration of available information, including incidents and changes in conditions. In regulatory, insurance, or legal contexts, consideration is often given to what was known, or should reasonably have been known, before an incident occurred.
Demonstrating that early indicators were identified, considered, and reviewed may help committees show that foreseeable risks were actively managed.
Further guidance on incident notification requirements, including a downloadable handbook, is available from SafeWork Australia.
Example: “that step is slippery”.
Example: near trips or collisions.
Example: scrapes at tight turns.
Example: cones/signs becoming permanent.
Example: weather exposure, high traffic, deliveries.
Assessing risk involves considering both the likelihood of an incident occurring and the potential severity of harm. Near misses are particularly useful in this process because they demonstrate exposure without injury, suggesting that, under slightly different circumstances, the outcome could have been more serious.
When reviewing near misses, committees may consider whether similar events have occurred previously, whether the same locations or activities are involved, and whether the frequency of events is increasing. Near misses in high‑traffic areas or areas used by residents, visitors, or workers may indicate a higher likelihood of harm if conditions remain unchanged.
Looking at near misses in this way can help committees understand whether risks are escalating and whether existing control measures remain suitable.
Near misses do not always require new or complex control measures. In many cases, they prompt a review of whether existing controls are being applied effectively or remain appropriate for current conditions.
Duty holders are encouraged to apply the hierarchy of controls when managing risks, starting with the most effective options where reasonably practicable. In the context of near misses, this may involve checking whether hazards can be eliminated, whether engineering or physical controls remain effective, or whether temporary or administrative measures are needed while longer‑term actions are planned.
Responding proportionately to near misses enables committees to address risks early, without waiting for an injury or serious incident.
The hierarchy of controls helps duty holders select the most effective risk control measures. SafeWork Australia notes that higher‑order controls are generally more reliable than administrative controls or personal protective equipment alone.
Review and record‑keeping are important parts of the WHS risk management process. Recording near misses and minor incidents can help committees identify patterns, monitor emerging risks, and demonstrate that early warning signs were considered.
Near miss records may be reviewed alongside inspection reports, maintenance logs, complaints, and incident records to provide a broader view of risk trends on common property. Even brief records can help committees demonstrate that decisions were informed by available information and that risks were reviewed over time.
SafeWork Australia explains that keeping records of hazards, risk assessments, and actions taken may assist duty holders in demonstrating how work health and safety risks are being managed.
Near misses and minor incidents can provide valuable insight into emerging risks on common property. By identifying, assessing, and reviewing these early warning signs as part of an ongoing WHS risk management process, committees may be better positioned to act before harm occurs. SafeWork Australia’s guidance reinforces the importance of a structured approach that includes review and recordkeeping to support effective and defensible decision-making over time.
Each state may have specific legislation and regulations concerning health and safety duties in owner corporations and body corporates. To help navigate these regulations, Safe Work Australia, a national policy body, offers a range of resources and tools to help committees manage hazards and risks. For the latest general WHS updates, guidance, and recommendations, please visit the official Safe Work website at safeworkaustralia.gov.au.
Our Community Health & Safety service is here to help provide schemes with appropriate mechanisms in place to manage these risks and meet regulatory obligations. Through our resource library, online reporting system, and centralised repository, we are here to help support you in managing your health and safety obligations.
Whether you would like to report a current hazard or flag a near-miss incident, please use this report form to help manage health and safety risks on your common property.
Get an updated committee report of hazards, incidents, and work orders to help track and manage risks on common property.
Contact your strata, body corporate, or owners corporation manager for an up-to-date copy today.
Get an annual site inspection walkthrough of your common property to help spot new hazards and risks that arise over time. Contact your strata, body corporate, or owners corporation manager to organise an annual safety report for your property at a fee.
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This guide has been adapted and derived from Safe Work Australia materials in March 2026 under Creative Commons Attribution 4.0 International Licence (CC BY 4.0), as listed below. To view a copy of this license, visit creativecommons.org/licenses/by/4.0/. (SafeWork Australia). © Commonwealth of Australia.
