Health and Safety Flashcards
RICS Guidance Note ‘Surveying Safely - Health and safety principles for property professionals’ 2nd edition 2018, effective Feb 2019
What does it set out?
- basic good practise principles for management of health and safety for RICS regulation firms and members.
- Principles for those engaged in the built environment. Includes health and safety responsibilities on a
CORPORATE LEVEL
INDIVIDUAL LEVEL
RICS Guidance Note ‘Surveying Safely - Health and safety principles for property professionals’ 2nd edition 2018, effective Feb 2019
the structure of the document
(8 parts)
- personal responsibilities for RICS members and firms.
- assessing risks and hazards
- workplace health and safety
- occupational hygiene and health
- visiting premises and sites
- fire safety
- residential property surveying
- procurement and management of contractors.
RICS Guidance Note ‘Surveying Safely - Health and safety principles for property professionals’ 2nd edition 2018, effective Feb 2019
RICS regulated firms must ensure they provide….
(4)
S - ushmitas
E -nthusiasim x2
S- parks (-)
C- reativity
- safe Systems of work
- safe work Equipment
- Safe work Environment
- Competent staff.
what does RICS consider a ‘safe person’ to be?
an individual which has
- individual behavioural responsibility for their own..
- their colleagues…
- and others health and safety while at work.
RICS Guidance Note ‘Surveying Safely - Health and safety principles for property professionals’ 2nd edition 2018, effective Feb 2019
A requirement for up to date personal and corporate responsibilities for property professionals…
relevant law, employers liability insurance and public liability.
what are legal considerations for employees and employees…
advice on asbestos
advice on mental health, health and wellbeing
advice on how to address fire safety
there is an audit template provided to assist members.
other information ins the guidance note surveying safely
assessing hazards and risks
risk assessments and health and safety policy
other information ins the guidance note surveying safely
property professionals places of work
to include emergency arrangements and building services
other information ins the guidance note surveying safely
occupational health
to include stress and bullying
other information ins the guidance note surveying safely
procurement and management of construction
to include CDM regulations
other information ins the guidance note surveying safely
precautions relating to potential hazards /risk assessments
refer to your own firms specific requirements
(find out)
other information ins the guidance note surveying safely
visiting premises and sites
to include travel arrangements and lone working and PPE
Health & Safety at Work 1974
what does it outline
duty to every employer to ensure so far as reasonably practicable, the health, safety and welfare at work of all employees.
Health & Safety at Work 1974
Who is it policed by?
Health and Safety Executive HSE
as a criminal offence w/ fines or imprisonment
must report injuries and dangerous occurances
(1995 regulations)
give an example of a hazard
wet floor
loose cables
anything that has the potential to cause harm
Must undertake record, and regularly review a risk assessment
(1999 regulations)
what is a risk?
the probability / likelihood that someone will be harmed
such as a risk of falling over wet floor
operations and maintenance manual holds what info?
H&S information is to be held on site - usually in the O&M manual.
PPE at Work Regulations 2022
says what?
employers duty of care to ensure provision of appropriate PPE for employees and contractors even those in casual employment
this could include cleaning, security and construction workers
what is a risk assessment?
legal requirement for an organisation employing 5 or more staff to carry out document health and safety risks assessments of all their significant hazards.
Outline a simple risk assessment
- identify the hazards present
- identify the people at risk from the hazards eg employees contractors visitors etc
- evaluate the risk considering the likelihood and severity of any accidents. Existing precautions in place should be identified and evaluated.
- record findings on a suitable form
- review the risk assessment regularly
- advise all those affected of the outcome of the risk assessment and methods of work and precautions to minimise or eliminate risk.
what is a method statement and what should it include?
a document that details the way a work task or process is to be completed and prior approved.
should outline the hazards and have a step by step guide on how to do the job safely
which control measures have been introduced to ensure the safety of anyone who is affected by the task or process.
before work is commenced what do you need from the contractor?
a copy of the contractors all risks and public liability insurance is also needed before work is commenced
when you employ more than 5 people you need a written health and safety policy document - and what is written inside this
4 points
- policy setting out the organisations commitment to H&S
- details of the organisations H&S structure, with roles and responsibilities for organising H&S
- A risk assessment setting the risks within the workplace and the preventative measures in place
- details of the planning, implementation of the H&S policy and control measures
what is the ‘six pack’ ?
introduced 1993
group of 6 regulations introduced in jan 1993 covering key areas of H&S compliance.
covers how employers must comply with their duties under the H&S at work at 1974
What are the ‘six pack’ regulations
- management of health and safety at work
- display screen equipment
- manual handling operations.
- PPE at work
- provision and use of of work equipment
- workplace health, safety and welfare
Reporting of injuries, diseases and dangerous occurrence 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 of the accident.
all employers must also keep a record of all 3 day plus injuries.
This information can be kept in aan accident and must be kept for a minimum of 3 years after an occupational injury/ accident.
Corporate Manslaughter and Corporate Homicide Act 2007
what does this act relate to?
relates to a gross breach of a duty of care by an employer leading to a persons death.
Corporate Manslaughter and Corporate Homicide Act 2007
What are the penalties?
ranges from….
unlimited fine
imprisonment
disqualification as a company directory
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
what is it based on?
based on risk assessment with a focus on fire safety
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
what does it apply to?
non domestic property in England and Wales
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
who is the responsible person?
the employer or occupier who controls the property, or owner if vacant
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
Should there be fire precautions is place following a risk assessment
yes
and there is a need for good record keeping, risk assessment, fire policy and fire procedures and staff training
regular review of assessments required and recorded.
what are some examples reasonable fire precaution measures?
fire detection and warning alarm system
fire fighting equipment
safe exit routes
personal emergency evacuation plan
emergency signage and lighting
suitable fire exit doors.
the Fire Safety Act 2021
what does it do?
after the Hackitt Review (2018) the Fire Safety Act 2021 reforms the Regulatory Reform (Fire Safety) Order 2005 as it relates to multi-occupied residential buildings.
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 fire service to take enforcement action against responsible persons who fail to comply.
the Fire Safety Act 2021
what does it require?
- regular inspections of lifts to be reported to the fire and rescue services
- ensuring evacuation 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 flat entrance doors comply with current standards where the external walls have unsafe cladding.
- clarifying that the responsible person / duty holder must manage and reduce the risk of fire.
External Wall Systems (EWS)
whats the EWS1 form?
enables a qualified professional to confirm that external wall system on residential buildings have been assessed for fire safety in line with government guidance.
whats kind of buildings is the EWS1 form designed to assess?
blocks of flats,
student accom,
assisted living care homes,
HMOs,
mixed use blocks where there is a residential component.
What does the EWS1 form consider?
(think of Grenfell)
height of building
type of cladding and how much of it there is on the building
presence of balconies and combustible material.
how long are EWS1 forms valid for?
5 years
and valid for the whole building
how do you decide if an EWS1 form is needed?
RICS has published a interactive decision tree on their website to understand when an EWS1 form is required.
RICS has published guidance for valuers (March 2021) which 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.
Building Safety Act 2022
( come into effect in 12- 18 months)
what is it?
enhanced regulations for building safety and ensure residents have a stronger voice in ensuring safety in buildings.
the act implements elements from the Hackitt Review for high rise buildings to provide a new system to oversee the whole built environment
Building Safety Act 2022
system with local enforcement agencies and national regulators to strengthen:
the accountability and duties for those responsible for the safety of high rise buildings during construction and occupation
residents ability to contribute to maintaining safety.
enforcement to deter non-compliance.
a national framework to ensure the suitability of construction products
the requirement for new build developers to belong to a New Homes Ombudsman Scheme.
Building Safety Act 2022
The act introduces a new building safety regulator who is required to act for…. (2)
securing the safety of people in or about buildings in relation to risks arising from buildings and
improving the standards of buildings.
what has been banned since September 2018?
combustible cladding on buildings over 18 meters tall is banned.
Developers are obliged to fund cladding removal and leaseholds will be able to monitor the progress on remediation on an online portal.
Reform to the External Wall Fire Review Process and the use of EWS1 forms for buildings with cladding is designed to help who?
leaseholders.
S38 of the Building Act 1984 will be brought into force to enable what?
enable civil claims on the for breaches of the building regulations which cause physical damage.
the limitation period will be extended from 6 years to 15 years.
Exposing contractors, clients and consultants to liability .
Liability under the s.1 of Defective Premises Act 1972 will be extended to how long and effect who?
15 years
builders of any type of dwelling.
development of high rise buildings will incorporate 3 gateways,
where fire statements and confirmation of building regulations need to be declared
what are these stages?
- planning application
- pre construction
- pre occupation
What defines ‘higher risk’ buildings?
- buildings 18m or higher
- buildings 7 storeys or higher
- buildings with 2 or more residential units
NB. basement and plant calculations are excluded from height calculations.
Before LL adding the remedial costs of the works on to the service charge, they are required to peruse funding from who…
grants,
third parties,
contractors,
consultants,
insurers.
leases for seven years or longer where the tenant pays service charge will have an implied term relating to what?
the payment of new building safety
The International Fire Safety Standards (IFSS) which are supported by the RICS set out what/ provide what?
globally consistent, high level principles for fire safety in the design, construction and management of buildings.
what course of action would you recommend if your clients building contained asbestos?
what course of action would you take if you observed asbestos unexpectedly on an inspection?
Occupiers Liability Act 1957
Who is liable and who is the duty of care to?
regulates the liability of occupiers and others to injuries caused to lawful visitors as well as the damage of goods.
Liability - occupiers and others, incl. anyone who has control over the premisis eg LL
duty of care - lawful visitors.
those who are have control/occupation of the premises have a duty of care to ensure that the visitors will be reasonably safe.
what Act covers trespassers?
Occupiers Liability Act 1984
Smoke Free (premises and enforcement) Regulations 2007
what does this enforce and what are the penalities?
no smoking in enclosed public spaces.
no smoking signs must be displayed.
local authorities enforce laws.
fixed penalty notice £50
maximum penalty £2,500
Defective Premises Act 1972
What does this Act do?
imposes an obligation on LL to ensure the premises to comply with requirements.
What is asbestos?
asbestos is an insulating material
undisturbed and undamaged it poses no threat
but when its disturbed - it can lead to small toxins entering the lungs and causes serious health problems and fatal diseases.
HSE estimates over 4 million properties in the UK can contain asbestos.
what are the 3 types of asbestos?
BBW
Brown (asmosite)
Blue (crocidolite)
White (chrysolite)
when was white asbestos banned in the UK?
and when were the others
white illegal since 1999
and the other since 1985
is there a statutory duty to manage existing asbestos in commercial buildings?
And what is the key legislation?
yes
The Control of Asbestos Regulations 2012 - non compliance is a criminal offence.
2 separate obligations to the duty holder and an employer
duty holder - owner of premises if vacant or a tenant if holding a repairing lease.
who do you need to notify for non licenced work with asbestos?
HSE needs to be notified.
Brief written records needs to be kept for non -licensed work (NNLW)
Two types of asbestos survey’s?
- management survey
- to locate and advise on management during occupation and use of premises.
- no sampling of materials or analysis is undertaken.
2.Refurbishment/demolition
- required where the premises, or part of it need s upgrading, refurbishment or demolition.
- Samples of materials suspected of containing asbestos are taken an analysed.
- recommendations are made regarding their management.
(asbestos)
who must undertake a risk assessment
and do what else?
the duty holder
- express a written obligation to manage the risk and a written plan prepared, implementation and reviews recorded.
asbestos
all work must be carried out by who?
licenced contractor.
when must the asbestos register be updated?
regularly updated.
should contain a ‘priority score’ to triage remediation
newly constructed buildings require what?
asbestos
architects certificate to confirm there is no asbestos.
5 steps to take as the duty holder of a property?
asbestos
- must assess whether the premises contains asbestos and if so where it is. If in doubt, materials must be presumed that is it asbestos.
- assess the risk and produce an asbestos management plan- is encapsulating or removal needed?
- produce an asbestos register.
- Make the register available to all relevant parties who might disturb it.
- review the register regularly (HSE recommends 6 monthly)
Health and Safety (Offences) Act 2008
what are the penalties
max fines £20,000
possibilities of 12 months imprisonment for many offences.
can also be tried in higher courts where there is no limit on fines.
RICS Guidance Note Asbestos: Legal requirements and Best practise for Property professionals and clients 2021
what does it contain?
comprehensive overview of the law and industry guidance for asbestos.
sets out best practices to comply for property professionals to comply with law:
- Details of common asbestos containing materials
- how to commission an asbestos survey
- suggested contents of an asbestos management plan
Construction (design and management) (CDM) Regulations 2015
is it a criminal offence and who polices it?
HSE
and yes its a criminal offence to breach these regulations.
Construction (design and management) (CDM) Regulations 2015
What is it and what does it aim to do?
H&S during the design and management aspects of development, refurbishment and maintenance of all commercial buildings projects including residential development.
Aim is to improve the management and co-ordination of H&S at all stages of the construction project.
Construction (design and management) (CDM) Regulations 2015
who is the main duty holder under this regulation?
- The client
- principle designer
- principle contractor
CDM contractor is replaced by the principle designer.
who is responsible for H&S in you firm?
all projects with more than one contractor working on a site must have a principle designer and a principle contractor and a H&S file.
Construction (design and management) (CDM) Regulations 2015
Onus on the client not the contractor to ensure CDM arrangements.
a construction phase plan is required for what projects?
Construction (design and management) (CDM) Regulations 2015
all projects !!
with safety considered at the design stage of a project by the Principle Contractor
there is a need for risk assessment and principle designer.
under what circumstances does HSE need to be notified (F10 form)?
Construction (design and management) (CDM) Regulations 2015
if a project lasts longer than 30 construction days with 20 or more works working simultaneously on site.
more than 500 ‘person’ days of construction work or involves demolition.
What must happen to a CDM file?
Construction (design and management) (CDM) Regulations 2015
a CDM file must be maintained during construction and passed to the occupier/owner of the building, containing all aspects of H&S information regarding the property and running of the building.
Construction (design and management) (CDM) Regulations 2015
who policies it and what can they issue when the policy is breached?
HSE
who can prosecute and issue fines
can issue Improvement and Prohibition Notices when regulations are breached.
10 Statutory obligations of commercial property owners…
- Asbestos management
- contamination
- equality act compliance
- EPC (energy performance certificate)
- fire safety
- H&S
- legionnaires disease
- occupiers liability
- PAT testing (for portable electric equipment)
10.Waste management
