Traffic hazards within strata and body corporate properties can pose safety risks to residents, contractors, visitors, and delivery personnel, particularly in shared driveways, car parks, and basement garages. These areas require diligent safety planning under your Work Health and Safety (WHS) obligations.
This article explains how owners corporations and body corporates can meet their WHS duties for managing traffic-related hazards in line with Safe Work Australia guidance and applicable state laws.
Unlike public roadways, driveways and car parks are often shared property, meaning the owners corporation or body corporate is responsible for ensuring the space is safe and preventing foreseeable harm for all users. Traffic management is a key safety responsibility under the Model Work Health and Safety (WHS) Regulations and often involves the following key duty holders:
WHS obligations also apply to owners corporations and body corporates that engage with workers, such as cleaners, contractors, tradespeople, and building managers, working on common property within mixed-use residential and commercial property. In these cases, they are legally considered either as a person conducting a business or undertaking (PCBUs) or a person with management and control of a workplace (PMCW). In this scenario, the common property is deemed a ‘workplace’, which requires the owners corporation or body corporate to establish a work health and safety risk management system that aligns with regulatory standards.
Workers and other persons at the workplace also have duties under the WHS Act, such as taking reasonable care of their health and safety.
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. The term 'reasonably practicable' refers to doing everything within one's power to ensure safety within the workplace or common property.
Owners corporation or body corporates that are considered as PCBUs have a primary duty to take reasonable steps to prevent foreseeable harm by managing common property traffic risks. This includes maintaining safe infrastructure and enforcing traffic rules to control the movement of people and vehicles that are stationary or moving. Key responsibilities include:
State | Legislation |
NSW | |
QLD | |
VIC |
Fulfilling these WHS obligations regarding traffic management on common property is especially important if your owners corporation or body corporate is classified as a person conducting business or undertaking (PCBU).
Spaces where vehicles and pedestrians frequently interact are high-risk areas that can lead to vehicle collisions, injuries and property damage. If the owners corporation or body corporate does not have reasonable control measures to prevent foreseeable harm, the risk of injury, property damage, and legal liability increases significantly.
The first step in the risk management process involves identifying hazards across common property. This means recognising objects or situations that could pose a risk to people’s safety. Below is a summary of typical hazards and best practice tips for detecting them.
Areas with frequent vehicle or pedestrian movement.
Limited visibility around bends or pillars in underground parking.
Inadequate lighting increases collision risk, especially at night.
Shared zones with no clear separation of vehicles and foot traffic.
Speeding in the basement or shared driveways due to the lack of deterrents.
Confusing or absent signage for entry/exit, pedestrian crossings, or speed.
Cracked pavements, potholes, or surface water that affect traction.
Particularly for areas without warning systems or spotters.
Often busy and unpredictable, with large vehicles and limited visibility.
Traffic risks may affect passers-by or visitors in areas near main roads.
Use of parking bays or driveways as storage for small to large items, including container vans.
Oil leaks, moss growth, or overly smooth tiled finishes are foreseeable pedestrian slip hazards.
Inadequate or missing signage indicating height restrictions can lead to vehicle collisions with overhead structures.
Use this checklist from Safe Work Australia to help identify and manage traffic risks – especially where vehicles and pedestrians interact in shared spaces.
Once hazards are identified, the next step is to evaluate and prioritise the situation based on the severity and likelihood of the risks.
Using the risk assessment matrix in your Community Health & Safety Guide will help identify the likelihood of an incident that may cause harm. Then, the possible severity level will be selected based on the consequences that could result from the risk or hazard. The result from this table will generate a risk score, which may assist in showing how soon the hazard needs to be addressed. Please refer to the risk matrix below for more detailed information on prioritising and action incidents.
With a general understanding of the hazard, owners corporations and body corporates should seek licensed service providers for a more detailed risk assessment.
Knowing who's at risk helps prioritise safety measures and ensures the proper controls are in place. For example, incidents involving vehicles reversing, loading, and unloading can potentially pose higher risks to workers, with pedestrians, customers, and visitors also vulnerable.
Traffic-related risks can stem from poor signage, blind spots, speeding vehicles, inadequate lighting, or unclear road markings. Practical assessments should also evaluate emergency procedures, weather conditions, and the training and awareness of traffic management personnel to ensure a safe and responsive worksite.
Considering any upcoming onsite work and reviewing whether the vehicle height and loading/drop-off requirements have any potential health and safety impacts is essential. For example, work on or near public roads or shared areas may pose higher risks. Therefore, additional factors must be considered, such as the traffic of pedestrians and vehicles and their proximity to active lanes.
Take a close look at your current traffic management strategies. Are speed limits clearly posted? Is signage visible and well-maintained? Are pedestrian crossings marked and protected? If any controls are outdated or ineffective, it's time to update them.
Once risks have been identified and evaluated, the next task is implementing control measures to address the issue. This is important as WHS regulations require duty holders to demonstrate that adequate action has been taken to manage the risk.
The ideal course of action is always to remove the hazard at its source. Simple issues can sometimes be addressed quickly using existing control measures. However, other hazards may demand more time, effort, and planning.
If removing the risk at the source isn’t feasible, the next step should be prioritising and taking action on safety measures based on their effectiveness and reliability in minimising harm using the hierarchy of controls. This framework helps create a structured, best-practice approach to help duty holders manage hazards based on their effectiveness and reliability in minimising harm. Below is an overview of each stage of the hierarchy of controls from most to least effective.
The most effective way to control risks is through elimination, which completely removes the source of the hazard. Some measures can include:
When it’s not feasible to eliminate the source of the hazard, it is best to minimise the impact by substituting or replacing a hazard with something that gives rise to a lesser risk.
Restricting the spread or exposure of the hazard can also help reduce risks. Some measures can include:
Engineering controls are physical measures that can be used to help minimise risk. This can include:
Administrative controls are strategies for implementing rules and procedures to manage hazards and help minimise the risk to others on the property. Some measures can include:
Alongside other safety measures, giving workers the proper safety equipment or PPE can add an extra layer of protection against hazards.
Where workers or cleaners are present, ensure the use of high-visibility clothing, particularly during cleaning or maintenance.
Use this checklist from Safe Work Australia to help implement effective control measures to manage traffic risks
A traffic management plan (TMP) outlines the strategies and procedures used to safely direct and control the movement of vehicles, pedestrians, and equipment within and around a worksite. This process is essential for identifying potential hazards, minimising risks, and ensuring smooth operations. A well-designed TMP includes details such as:
Conduct monthly walk-through inspections to spot new issues (e.g., broken speed bumps, graffiti on signage).
Maintain an incident log and review the effectiveness of controls and barriers working.
Update procedures or engineering controls based on findings and adjust the traffic management plan as needed.
Engage with residents, contractors, and workers to gather feedback on how traffic controls work.
Access more practical guides, checklists, and tools to support effective traffic risk management.
Traffic and car park safety is a shared responsibility for all owners within an owners corporation or body corporate. WHS legislation requires proactive steps to keep these areas safe. By identifying hazards, implementing effective control measures, and regularly reviewing systems, owners corporations, and body corporates can help maintain safety and compliance. Following the risk management process and applying a hierarchy of controls helps demonstrate that risks are being reasonably managed following in accordance with WHS regulations.
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 to manage these risks while ensuring the obligations under the regulations are met. Through our resource library, online reporting system, and centralised repository, we are here to help support you in managing your health and safety obligations.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on September 2025.
