Commercial Mould in Melbourne: Workplace Health and Safety Obligations
You have noticed dark patches in the storeroom ceiling. Staff have been complaining about a musty smell in the office. Someone mentions their allergies have been terrible since starting work at your premises. As a business owner, property manager, or facilities manager in Melbourne, discovering mould in your commercial space triggers more than a maintenance call. It triggers legal obligations that carry real consequences if ignored.
Your Legal Duty Under OHS Legislation
Under the Occupational Health and Safety Act 2004 (Vic), employers and persons in control of a workplace have a duty to provide and maintain a working environment that is, so far as is reasonably practicable, safe and without risks to health. This duty explicitly extends to indoor air quality and environmental hazards, which includes mould.
WorkSafe Victoria expects employers to identify and control health hazards in the workplace. Mould contamination that exposes workers to elevated airborne spore levels is a recognised health hazard. Failing to address known mould issues can result in improvement notices, prohibition notices, and in serious cases, prosecution for breaching the general duty of care.
Who Is Responsible?
Responsibility for managing commercial mould depends on the circumstances:
- Building owners are responsible for structural issues that cause mould, such as leaking roofs, faulty plumbing, inadequate ventilation systems, and rising damp.
- Tenants (employers) are responsible for conditions within their control, including maintaining exhaust fans, reporting leaks promptly, managing indoor humidity, and ensuring adequate ventilation in occupied spaces.
- Facilities managers have operational responsibility for HVAC maintenance, building condition monitoring, and coordinating repairs.
In practice, the OHS duty falls on whoever has the ability to control the hazard. If you are an employer operating from a leased premises and the mould results from a structural defect, you still have a duty to report it to the landlord and take interim measures to protect your workers while the issue is resolved. You cannot simply wait for the landlord to act while your staff remain exposed.
When Mould Becomes a Compliance Issue
Not every trace of mould in a commercial building triggers a compliance response. Surface mould in a kitchen or bathroom that is promptly cleaned is a routine maintenance matter. However, the situation escalates to a compliance issue when:
- Mould is widespread or recurring across the premises
- Workers report health symptoms potentially linked to mould exposure
- Air quality in the workplace is noticeably affected (musty smell, visible spores on surfaces)
- The building has a history of water damage that was not professionally remediated
- HVAC systems are distributing mould spores throughout the building
Understanding when mould air quality testing is appropriate is critical in commercial settings. Testing provides the objective evidence needed to determine whether spore levels are elevated, what species are present, and whether remediation has been effective. It also creates the documentation you need to demonstrate due diligence to WorkSafe, insurers, and potentially affected staff.
Steps to Manage Commercial Mould Properly
A responsible approach to commercial mould in Melbourne follows this sequence:
1. Assess the Situation
Arrange a professional mould assessment to determine the type, extent, and cause of contamination. In a commercial setting, this should include air quality sampling in occupied areas, moisture mapping to identify water sources, and an assessment of the HVAC system.
2. Communicate with Staff
Workers have a right to be informed about known health hazards in their workplace. If mould has been identified, communicate transparently about what was found, what steps are being taken, and what the timeline for resolution looks like. Withholding information or dismissing workers’ health concerns creates both legal risk and trust damage.
3. Implement Interim Controls
While arranging remediation, take interim steps to reduce exposure. This may include relocating staff away from affected areas, increasing ventilation, placing HEPA air purifiers in occupied spaces, and isolating contaminated zones with physical barriers.
4. Engage Qualified Remediation
Commercial mould removal carries different requirements than residential work. The remediation must be conducted outside of business hours or with proper containment and worker protection if occupants are present. The scope must account for HVAC decontamination, and the work must be verifiable through post-remediation clearance testing.
5. Address the Root Cause
Remediation without source correction is a temporary fix. Whether the moisture source is a building envelope deficiency, plumbing issue, or HVAC condensation problem, it must be permanently resolved to prevent recurrence.
6. Document Everything
Maintain records of the initial assessment, air quality results, remediation scope and completion, clearance testing, and any building repairs. This documentation demonstrates your compliance with OHS obligations and protects you in the event of a WorkSafe investigation or workers’ compensation claim.
The Cost of Inaction
Ignoring commercial mould is not a cost-saving strategy. Beyond the direct health impacts on staff and the potential for WorkSafe enforcement action, unmanaged mould causes structural damage to building assets, reduces property values, creates liability for landlords and employers, and can trigger costly workers’ compensation claims for occupational illness.
We connect Melbourne businesses and property managers with commercial mould remediation specialists who understand both the technical requirements and the regulatory context. Protecting your workers and your business starts with taking mould seriously.
Take Action Today
If you have identified or suspect mould in your Melbourne commercial premises, your obligations start now. Use our free assessment tool to evaluate the situation and connect with qualified commercial mould specialists who can help you meet your duty of care.