Your legal responsibilities as an employer when mould is present

Australian work health and safety law does not mention mould by name. It does not need to. The primary duty of care requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers — and that the workplace, and anything arising from it, is without risks to health. Airborne mould is a risk to health. Once it is known, it is a risk the business is expected to manage.

The “reasonably practicable” test

What is reasonably practicable is weighed against the likelihood of harm, the degree of harm, what the business knows or ought to know about the hazard, the availability of ways to eliminate or reduce it, and the cost. A mould problem that has been reported by staff, photographed, or raised at a safety committee is a known hazard. A fast, non-disruptive reduction service exists. The cost is modest relative to the harm. On every limb of the test, doing nothing becomes harder to defend.

What documentation does for you

A written assessment, a treatment record and post-treatment readings are the difference between “we took reasonable steps” and “we hoped it would go away”. They matter to your insurer, to a regulator, and to a board asking what was done and when. They also matter to the workers’ compensation process, where a documented response to a hazard can shape how a claim is assessed.

What to do this week

• Log every mould complaint and photograph what is visible.
• Arrange an assessment. Baseline readings turn opinion into data.
• Treat, then verify. Keep the report with your WHS records.
• If the building’s conditions are permanent, put a program in place so the question is answered before it is asked.