February 2, 2023.
Recently I conducted a detailed owner’s inspection of my new home before I headed off for a quick overseas holiday. As you may recall, Henley recently attempted to block access to my site after I brought up a quality control concern. The same thing has happened again.
After my inspection I sent Henley the following email:
For days later I received the following response from Henley:
Below is a link to the OH&S act to which Henley refer to
Occupational Health and Safety Act 2004
If you take even a cursory look at the legislation, you will will see that there is nothing at all in the Act to which they refer which restricts me from site.
Henley do have a duty of care, under the OH&S regulations to keep the site safe. Take a look at the photos below. Do you think Henley, their supervisor and their OH&S team have been taking their OH&S obligations seriously. Remember, the site has been like this for months.
To be clear, I have every right to have reasonably access to site. The legislation is clear. follow the link and look under the heading “Access to site”
Domestic Building Contracts Act 1995
Page 19 details the legislated right for the owner to have access to site. Further evidence is provided from the Consumer Affairs Victoria website:
Client access to the building site
As you can see, owners have a legal right of access even if they signed a contract which states otherwise. Thankfully, I have decades of experience dealing with OH&S issues and I have the experience to know that Henley are exaggerating these issues to stop me from seeing their work onsite.
In the letters Henley sent to me they are effectively saying that the only way I can be protected from hazards onsite is to have a Henley employee there to keep me safe – That is simply not true, and Henley knows it.
Throughout the build I have conducted regular visits to the site I have lived on for more than 20 years. I am intimately aware of every aspect of the site, including the dangers. After the previous letter I requested a copy of Henley’s site risk assessments to reduce to zero any risks to me on site. Henley declined to provide those risk assessments, probably because they have any. Again, a breach of the OH&S regulations.
Facts would support a conclusion that Henley uses overstated OH&S issues to cover up their quality issues onsite. Buyer beware.