Health and Safety Flashcards

1
Q

What is the RICS Guidance Note on Health and Safety and what does it set out?

A

RICS Guidance Note ‘Surveying Safely’ - Health and safety principles for property professionals’, second edition, 2018 (effective Feb 2019)

It sets out - basic, good practice principals for the management of health and safety for RICS-regulated firms and RICS members

Principles for thise engaged in the built environment as property professionals and includes health and safety responsbilities:
- at a coporate level (whether the RICS-regulated firm is large or small) and
- at the level of the individual RICS member

Structure:
1. Personal responsilbities for RICS members and firms
2. Assessing hazards and risks
3. Workplace health and safety
4. Occupational health and hygine
5. Visiting premises and sites
6. Fire safety
7. Residential property surveying
8. Procurement and management of contractors

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2
Q

What are the key areas of advice?

A

Key areas of advice include:
RICS Regulated Firms must ensure they provide:
> A safe working environment
> Safe work equipment
> Safe systems of work
> Competent staff

  • RICS considers the concept of a ‘safe person’ to mean that each individual assumes individual behavioural responsbility for their own, their colleagues’ and others’ health and safety while at work
  • It seeks to ensure that individuals accept responsbility for their own actions and they have the tools they need to do their job safely
  • A requirement for up-to-date personal and corporate resposbilities for property professionals (including relevant law, employers’ liability insurance and public liability)
  • Legal considerations and duties - for employers and employees to include advice on asbestos
  • Advice on health, well-being and mental health
  • How to address fire safety
  • An audit template is provided to assist Members
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3
Q

What other information is included on the Health and Safety Guidance Note?

A

> Assessing hazards and risks (to include risk assessments, H&S policy etc)
Property professionals’ places of work (to include emergency arrangements and building services)
Procurement and management of construction work (to include CDM Regulations)
Precautions relating to potential hazards/risk assessments - refer to your own firm’s specific requirements

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4
Q

What are the rules on visiting premises and sites (to include travel arrangements, lone working, PPE etc)

A

.1 Tell someone where you are going and when you leave the building/site

  1. Wear appropriate protective clothing when appropriate such as high visability jacket,
    protective footwear, hard hat, protective goggles, gloves and ear defenders.
  2. Sign in and out of a building or construction site and receive a site induction. Do not just enter the site or building, and wear suitable PPE
  3. Consider whether safe to inspect alone and observe special lone working arrangemnets
  4. Check dated tag if going on scaffolding
  5. Wear non-slip shoes/boots when going up a ladder
  6. Emphasis is placed on Members having correct operational practices in place
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5
Q

What Health and Safety Legislation is there?

A

Health & Safety at Work 1974, as amended

“Duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all employees”

> It is policed by the Health and Safety Executive (HSE) as a criminal offence - with fines and/or imprisonment

> Must report injuries and dangerous occurrences (1995 Regulations)

> Must undertake, record and regularly review a risk assessment (1999 Regulations)

> A hazard refers to anything that has the potential to cause harm (such as a wet floor)

> The probability/likelihood that someone will be harmed is called a risk (risk of falling over on the wet floor)

> Detailed H&S information is to be held on site, usually in the Operations & Maintenance Manual

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6
Q

What is a risk assessment?

A

A legal requirement for organisations employing more than 5 staff to carry out documented health and safety risk assessments of all their significant hazards

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7
Q

What is a simple outline of a risk assessment?

A
  1. Identify the hazards present
  2. Identify the people at risk from the hazards e.g. employees, contractors, visitors etc
  3. Evaluate the risk, considering the likelihood and severity of any accidents. Existing precautions in place should be identified and evaluated
  4. Recrods the findings on a suitable form
  5. Review the risk assessment regularly
  6. Advise all those affected of the outcome of the risk assessment and methods of work and precautions to minimise or eliminate risk
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8
Q

What is a method statement?

A

A document that details the way a work task or process is to be completed and prior approved

It should outline the hazards invovled and include a step by step guide on how to do the job safely

It must detail which control measures have been introduced to ensure the safety of anyone who is affected by the task or process

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9
Q

What is public liability insurance?

A

A copy of the contractor’s all risks and public liability insurance is also needed before work is commenced.

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10
Q

What needs to be included in a written health and safety policy document?

A

It is required for employers if they employ more than 5 employees

Must contain FOUR points:
1. A policy setting out the organisations commitment to health and safety (H&S)
2. Details of the organisation’s H&S structure with roles and responsibilities for organising H&S
3. A risk assessment setting the risks within the workplace and the preventative measures in place
4. Details of the planning implementation of the H&S policy and control measures

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11
Q

What is the Six Pack of H&S Regulations?

A

Group of six regulations introduced on 1 January 1993 known as the ‘six pack’ covering various key aspects of H&S compliance

These regulations implement various European Directives on health and safety and clarify how employers must comply with duties under the Health and Safety Act 1974

Regulations:
1. Management of Health and Safety at Work
2. Display Screen Equipment
3. Manual Handling Operations
4. Personal Protective Equipment at Work
5. Provision and Use of Work Equipment
6. Workplace Health, Safety and Welfare

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12
Q

How do you report re injuries?

A

Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995 (RIDDOR)

> The trigger date for reporting injuries is over 7 days incapacitation
Such an injury must be reported to HSE within 15 days from the date of the accident
All employers must also keep a record of all 3-day plus injuries
This information can be kept in an accident book which must be kept for a minimum of 3 years after occupational accident or injury

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13
Q

Any Act on Homicide?

A

Corporate Manslaughter and Corporate Homicide Act 2007

  • The Act relates to gross breaches of duty of care by a corporate body leading to a person’s death
  • The penalties range from an unlimited fine, imprisonment and disqualification as a company director by a member of the ‘senior management team’
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14
Q

What legislation is there on Fires and Risk?

A

Fire Risk Management Regulatory Reform (Fire Safety) Order 2005

  • Based on a risk assessment with emphasis on fire prevention
  • Applies to non-domestic property in England and Wales
  • The ‘Responsible Person’ is the employer, or occupier who controls the property, or owner if vacant
  • Must be fire precautions in place following risk assessment
  • Need for good record keeping - risk assessment, fire policy & fire procedures and staff training
  • Regular review of assessments required and recorded
  • Reasonable fire precautions mueasres could include a fire detection and warning alarm system, fire-fighting equipment, safe exit routes, a personal emergency evacuation plan, emergency lighting and signage and suitable fire exit doors
  • Matter covered in Part B of the Building Regulations
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15
Q

The Fire Safety Act 2021

A

Hackitt Review (2018), the FSA (2021) reforms the Regulatory Reform (Fire Safety) Order 2005 as it relates to multi-occupied resi buildings.

The Act
- requires all responsible persons to assess, manage and reduce the fire risks posed by the structure, external walls and any common areas of the building
- Allows the Fire Service to take enforcement action against responsible persons who fail to comply

Require:
- Regular inspections of lifts to be reported to fire and rescue services
- Ensuring evaculation plans are regularly updated and that personal evacuation plans are in place for residents whose evacuation ability may be compromised
- Ensuring residents are provided with suitable fire safety instructions
- Ensuring individual flat entrance doors comply with current standards where the external walls have unsafe cladding
- Clarifying that the responsible person or duty-holder for multi-occupied, residential buildings must manage and reduce the risk of fire

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16
Q

External Wall Systems (EWS)

A

Following reviews of building safety subsequent to the Grenfell Fire, many tall resi buildings external wall systems have been found to be unsafe. This has led to a blight on the value as lenders have withdrawn mortgage finance on such properties.

The UK government and mortgagors have sought to enable the valuation of tall resi buildings through introduction of the EWS1 form, which is designed to be used for residential properties of any height including:
- Blocks of flats
- Student accommodation
- Assisted living and care homes
- Houses in Multiple Occupations (HMOs)
- Mixed use blocks where there is a residential component

The EWS1 form is not designed for hotels

EWS1 enables a ‘qualified professional’ to confirm that an external wall system on resi buildings has been assessed for safety, in line with government guidane

Criteria consider:
- Height of the building
- Type of cladding and how much there is on the building
- The presence of balconies and combustible material

  • EWS1 forms are valid for an entire building for 5 years but not every building will require an EWS1 form. RICS has published guidance for valuers (March 2021) whic includes criteria to help decide whether particular buildings need an EWS1 form but valuers must always follow instructions given by their lender clients and have a rationale to justify the request for the EWS1 form
  • Criticism of the process because of a lack of qualified professionals able to undertake surveys is being addressed by RICS through training of additional assessors.
17
Q

Building Safety Act 2022

A

This legislation is inteded to enhance regulations for building safety and ensure residents have a stronger voice in ensuring safety in buildings.The Act implements elements of the Hackit Review recommendations for high-rise residential buildings to provide a new system to oversee the whole built environment.

The Act introduces a new Building Safety Regulator who is required to act for -
(a) securing the safety of people in or about buildings in relation to risks arising from buildings; and
(b) improving the standard of buildings

18
Q

Occupiers’ Liability Act 1957

A

The Act regulates the liability of occupiers and others for injuries caused to lawful visitors, as well as for damage caused to any goods, as a result of “dangers due to the state of the property or (due) to things done or omitted to be done there”

> A common duty of care is imposed to lawful visitors: it is not only occupiers who may be liable to lawful visitors, but also those who have control over premises such as landlords

The duty on those who are in occupation or control of premises is to “take such care as in all circumstances of the case is reaonsble to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”

Trespassers are covered by the Occupiers’ Liability Act 1964

19
Q

What is the Smoke-free (Premises & Enforcement) Regulations, 2007

A
  • Illegal to smoke in all enclosed and substantially enclosed public places
  • No smoking signs must be displayed
  • Local authorities enforce the law
  • Penalties range from fixed penalty notice £50 to max £2,500
20
Q

What is the Defective Premises Act 1972?

A
  • This Act imposes an obligation on the LL to ensure that the premises comply with its requirements
  • Section 4 of the Act states that the landlord owes to all persons who might reasonably be expected to be affected by defects in the premises to provide a duty of care as is reasonable in the circumstances
  • Landlords are not required to make a building safe and to keep it in safe condiiton
  • Where personal injuries result from a failure to repair, there may be a remedy under the Act
  • Note the amendment to the Act under the Building Safety Bill
21
Q

What is Asbestos?

A
  • Insulating material which can cause serious health problems and fatal diseases
  • Left undamanged and undisturbed, it poses no risk to health, however when it is disturbed or damanged it can release small toxic fibres which lodge in the lunds and cause illness
  • 3 types:
    Brown
    Blue
    White

There is a statutory duty to manage existing asbestos in commercial buildings
Key legislation is The Control of Asbestos Regulations 2012 - non compliance is a criminal offence

22
Q

What are the two types of Asbestos Survey?

A

Purpose of a survey is to make a ‘materials assessment’

One - Management Survey
- To locate, assess and advise on its management during occupation and use of premises
- No sampling of materials or analysis is undertaken

Two - Refurbishment/demolition Survey
- Required where the premises, or part of it, need upgrading, refurbishment or demolition
- Samples of materials suspected of containing asbestos are taken and analysed
- Recommendations are made regarding their management

  • The duty holder must undertake risk assessment - express obligation to manage the risk and a written plan prepared and implementation & reviews recorded
  • All work undertaken must be done by a licensed contractor
  • Asbestos register must be produced and regularly updated. It should contain a ‘priority score’ to triage remediation
  • Newly constructed buildings require an architect’s certificate to confirm there is no asbestos present
23
Q

What are the 5 steps to take when encountering asbestos?

A

FIVE STEPS to take:
1. The duty holder must assess whether the premises contain asbestos, and, if so, where it is an what condition it is in. If in doubt, materials must be presumed to contain asbestos.
2. Assess the risk and produce an asbestos management plan - is encapsulating removal needed?
3. Produce an asbestos register
4. Make the register available to all relevant parties who might disturb it
5. Review the register regularly (HSE recommend 6 monthly)

24
Q

If you take the 5 steps what is then your defence?/why must you take these 5 steps?

A

> Defence - that the person took all reasonable precautions & exercised all due diligence

> Health & Safety (Offences) Act 2008 enables fines to a maximum of £20,000 and the possibility of 12 months imprisonment for many offences. It also enables more serious offences to be tried in higher courts where there is no limit on the fines to be imposed.

> RICS Guidance Note - ‘Asbestos: Legal Requirements and Best Practice for Property Professionals’ - 4th Edition 2021, contains a comprehensive overview of the law and industry guidance for asbestos. It sets out best practice for property professionals to comply with the law and includes:
= Details of common asbestos-containing materials
= How to commission an asbestos survey
= Suggested contents of an asbestos management plan