Health and Safety Flashcards
What is the main Guidance note on Health and Safety?
RICS Surveying Safely, 2018
What are some key points in Surveying Safely?
- Good practice principles for managing H+S for RICS regulated firms and members
- Stresses the responsibility lies with the firm and member.
Whats the structure in Surveying Safely
- personal responsibilities
- how to assess risks/ hazards
- Workplace health and safety
- Occupational hygiene and health
- visiting premises and sites
- fire safey
- residential
- procurement and management of contractors
Under Surveying Safely, what must RICS firms ensure they provide?
1) A safe working environment
2) Safe work equipment
3) Safe systems of work
4) Competent staff
What is a ‘Safe Person’?
RICS considers a Safe Person to mean that each individual assumes behavioural responsibility for their own, their colleagues and others H+S at work.
What must all firms have H+S policies on?
- personal and corporate responsibilites - e.g. law, liability ensurance, public liablity
- fire safety
- Audit template on H=S
- Occupation health (e.g. stress and bullying)
What are some key H+S Considerations?
- Lone working
- PPE
- Risk Assessments
What are some key points of the Health and Safety at work Act 1974?
Duty to every employer
Not complying with HSE (H+S Executive) a criminal offence
Must report injuries and dangerous occurances
Must conduct regular risk assessments (1999)
When is a risk assessment legally required?
When an organisation has more than 5 employees
Must be carried out to document H+S risk assessments of all significant hazards.
What steps are needed in a risk assessment?
1) Identify all Hazards
2) Identify people at risk from Hazards
3) Evaluate the risk, considering likelihood and severity of any accidents
4) Record findings on a suitable form
5) Review the risk assessments reguarly
What is a Method Statement?
- A document that details the way a work task or process is to be completed prior to being approved
- Should outline hazards involved and a step by step guide in how to complete the job safely
- Must detail which control measures have been introduced to ensure the safety of anyone involved
What must a Health and Safety policy document contain?
1) Set out organisations commitment to H+S
2) Detail organisations structure with roles/responsiblities for H=S
3) Risk assessment of the workplace
4) Detail planning, implementation of H+S policies and control measures
What are the six pack of H+S regulations?
Implemented in 1993 Implement European directives 1) Management of H+S at work 2) Display Screen Equipment 3) Manual Handling Operations 4) PPE at work 5) Provision and use of work equipment 6) Workplace health, safety and welfare.
What is the Fire Risk Management Regulatory Reform 2005?
- Based on risk assessment aimed at prevention
- The ‘responsible person’ is the employer or occupier who controls the property or if vacant the owner
- Must have fire precautions in place following risk assessment
- Regular review required
What are some reasonable fire precautions you could take?
1) Fire alarm
2) Fire fighting equipment
3) Safe exit routes
4) Emergency lighting
5) Fire exits
What changed following Grenfell?
Hackitt Review made over 50 reccomendations
- Ban on combustible cladding
Whats Advice Note 14?
AN14 required both public and private building owners to inspect their buildings for non-ACM cladding, AN14 referred explicitly to buildings above 18 metres in height.
In January 2020, the government issued a Consolidated Advice Note. This note replaced AN14 and AN22. Paragraphs 1.5, 1.6 and 1.12 of this note made clear that the obligation to check, remove and replace cladding applies to buildings of any height.
What are the regulations and timescales on reporting of injuries?
Reporting of injuries, diseases and dangerous occurrences regulations 1995
- Must report any injuries that cause over 7 days of incapacitatoin
- Report such an injury within 15 days
- Must keep record of any injuries causing more than 3 days incapcitation
What Act relates to gross breach of duty of care by a corporate body that leads to a death, and what are the penalties?
Corporate Manslaughter and Corporate Homicide Act 2007
Fine, Imprisonment and Disqualification
Whats the Occupiers Liability Act 1957?
Regulated liability of occupiers and others for injuries caused to lawful visitors, as well as damage to goods due to faults with the property, things done, or things not done.
Common duty of care is imposed to lawful visitors
How does asbestos cause a risk to health?
It risks health when disturbed or damaged as it releases very small toxic fibres that lodge on the lungs and cause illness.
What are the 3 types of asbestos?
White - Chrysolite
Blue - Crocidolite
Brown - Amosite
Since when as asbestos been banned?
White since 1999, the others since 1985
What are 2 types of asbestos survey?
1) Management Survey – to locate and assess it and advise on its management during normal occupation and use of premises. No sampling or analysis us is undertaken.
2) Refurbishment/Demolition Survey – required when doing an upgrade, refurbishment or demolition. Samples are taken and analysed
Who is the duty holder re. Asbestos?
Tenant on a repairing lease, Owner if property vacant
What steps should you take if you identify asbestos?
1) Duty holder must assess whether the premises contains asbestos and, if so, where it is and what condition it is in. If in doubt, presume a material has asbestos.
2) Assess the risk and plan to manage asbestos
3) Produce asbestos register
4) Make the register available to all relevant parties who might disturb it
5) Review the register regularly (HSE recommend 6 monthly)
What are the penalties for failure to manage Asbestos?
Max fine £20,000
Max imprisonment 12 months
(V. serious offences can be tried in higher courts, where there is no fine limit)
What is the Act covering disability discrimination?
Equality Act, 2010
How does the Equality Act relate to property?
The Act extends obligations of service providers to all ‘controllers of let properties’.
Unlawful for those managing buildings to discriminate of victimise an occupier
The Act extends to make reasonable adjustments to help disabled people if they would be placed at a substantial disadvantage if the work was not carry out.
What makes an adjustment reasonable under the Equality Act?
- Effectiveness of the adjustment for the disabled person
- The practically of the adjustment
- Its financial cost and likely disruption
- Financial and other resources available to the service provider
What 4 options does the Equality Act suggest should be taken in the face of an obstacle?
- Remove the feature
- Alter it
- Provide a reasonable means of avoiding the obstacle
- Provide a reasonable alternative access to the service
What regulations cover smoking, what are the obligations and the penalties?
Smoke Free Regulations 2007
Illegal to smoke in all enclosed and substantially enclosed public places. No smoking signs should be displayed.
Fixed Penalty Notice (£50) up to fine of £2,500
Whats the Defective Premises Act 1972?
- Landlords owe to all persons who might be expected to be affected by defects to provide a reasonable duty of care
- Not required to make building safe/keep it in safe condition
- May be a remedy for personal injuries caused by failure to repair.
What regulations govern H+S at construction projects?
Construction (Design and Management) Regulations 2015
What are the key elements of the Construction and Design regulations 2015?
- Main duty holders: Client, Principle Designer, Principal contractor
- All projects with more than one contractor must have the above and a H&S file
- Construction Phase plan is required with safety considered
When does HSE need to be notified about a construction project?
If a project lasts longer than 30 construction dates with 20 or more workers on site
What are the statutory obligations of a commercial property owner (H+S)?
WHALE POD FC
- Waste Management
- Health and Safety
- Asbestos
- Legionnaires
- EPC
- PAT testing
- Occupiers Liablity
- DDA and Equality
- Fire Safety
- Contamination
