Health and Safety

Question 1

What is the The Health and Safety at Work Act 1974?

Answer 1

It places a duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all employees. It created the HSE and gave it enforcement powers.

It simplifies legislation by providing a single statutory framework.

Question 2

What is the HSE and what does it do.

Answer 2

The Health and Safety Executive.

It was set up to regulate and enforce H&S legislation at work in the UK.

It offers information and advice.

Body to serve notices to.

Undertakes inspections and investigations.

Question 3

What are the duties of the HSE?

Answer 3

Propose and set standards for H&S performance.

Ensure compliance of standards.

Research H&S and publish results.

Provide information and advisory services.

Question 4

What regulations does the Health and Safety at Work Act 1974 implement?

Answer 4

The ‘six pack’:

1. Display Screen Equipment Regulations 1992
2. Manual Handling Operations Regulations 1992
3. Personal Protective Equipment Regulations 1992
4. Provision and Use of Work Equipment Regulations 1986
5. Management of H&S at Work Regulations 1999
6. Workplace (Health, safety and Welfare) Regulations 1992

Question 5

What is RIDDOR?

Answer 5

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995/2013.

Employers (the responsible person) must record the above if work-related.

Question 6

What occurrences require reporting under RIDDOR?

Answer 6

Injuries with over 7 days incapacitation, within 15 days of the accident.

All injuries over 3 days incapacitation.

Deaths

Question 7

Who do you report a RIDDOR occurrence to?

Answer 7

The HSE.

Question 8

How long must the RIDDOR log be kept for?

Answer 8

3 years after the occurrence.

Question 9

What is a Health and Safety Policy Statement?

Answer 9

Sets out the organisation’s commitment to H&S

Details the organisation’s H&S structure with roles and responsibilities

A risk assessment

Details of the planning, implementation of the policy and control measures

Question 10

Which statutory obligations are there for commercial property owners?

Answer 10

Include:

Asbestos management
Contamination
Disability discrimination and equality
Energy performance certificates
Fire safety
Health and safety
Legionnaires disease
Occupiers’ liability
Planning, etc.

Question 11

Where should the H&S information be kept?

Answer 11

Should be held on site, usually in the O&M manual and/or H&S file.

Question 12

Which companies must conduct a risk assessment?

Answer 12

Under the Management of H&S at Work Regulations 1999, organisations with 5 or more employees must undertake a H&S risk assessment.

Question 13

What happens if H&S requirements are not followed?

Answer 13

HSE can impose fines and imprisonment.

Question 14

How does the HSE recommend a risk assessment should be approached?

Answer 14

1. Identify the hazards
2. Identify who is at risk
3. Evaluate the risk and decide precautions
4. Record your findings
5. Review and update the assessment

Question 15

What are the principles of prevention?

Answer 15

1. Avoid all risk
2. Evaluate those which can’t be avoided
3. Put in place proportionate measure that control them at source

Question 16

What is a method statement?

Answer 16

Follows a risk assessment.

Details the way a work task or process is to be completed, outlining the hazards involved and control measures to mitigate risk.

Question 17

What insurance must a contractor have to start works?

Answer 17

Public Liability Insurance

Question 18

What does the Regulatory Reform (Fire Safety) Order 2005 do and to which buildings does it apply?

Answer 18

Applies to non-domestic premises. HMOs and common parts of multi-tenanted buildings.

Consolidates and rationalises much of the existing fire safety legislation.

Reduces the number of enforcing authorities dealing with general fire safety matters.

Question 19

Who is responsible for the fire safety of a building and what steps must be taken to demonstrate this?

Answer 19

The ‘responsible person’ must take reasonable steps to reduce the risk from fire, make sure people can safely escape if there is a fire and carry out a Fire Risk Assessment.

Question 20

What is a Fire Risk Assessment?

Answer 20

Identifies hazards, who’s at risk, maintenance of safe exit routes, provision of fire precautions (alarms, detectors), instruction of responsible people, staff training, evacuation plan including disabled people, review findings regularly.

Question 21

What is the Occupiers Liability Act 1957?

Answer 21

Landlords and occupiers hold a common duty of care to take reasonable care to see that lawful visitors will be reasonably safe in using the premises for which they are invited or permitted by the occupier to be there. They will be liable for any damage to visitors or goods caused by dangers due to the state of the property or things done or omitted to be done there.

Question 22

What is the Defective Premises Act 1972?

Answer 22

Puts an obligation on the Landlord to ensure the premises complies with its requirements and provide a reasonable duty of care to all persons who might be reasonably expected to be affected by defects.

Question 23

What is the Corporate Manslaughter and Corporate Homicide Act 2007?

Answer 23

Make a corporate body liable for death following a gross breach of duty of care.

Question 24

What is the Control of Asbestos Regulations 2012?

Answer 24

Gives statutory duty for the duty holder (owner/repairing tenant) and employer to manage existing asbestos in commercial buildings, otherwise committing a criminal offense.

Question 25

What is required by the duty holder under the Control of Asbestos Regulations 2012?

Answer 25

Assess whether the premises contains asbestos, where and in what condition it is in.

Assess the risk and produce a management plan.

Produce an asbestos register.

Make the register available to all relevant parties who may disturb it.

Review the register regularly.

Question 26

Which buildings will contain asbestos?

Answer 26

It was banned in 1999 so buildings constructed afterwards are unlikely to contain asbestos.

However, buildings constructed in the 2000s require an architect’s certificate to confirm no asbestos materials were used as there is a risk that residual stock of ACMs remained in use after the ban,

Question 27

What surveys can be carried out to assess asbestos risk?

Answer 27

Management survey - locates and assesses ACMs and advise on its management during normal occupation. No samples taken.

Refurbishment and Design survey - required when property is upgraded, refurbished or demolished. Samples of suspected ACMs are taken and analysed recommendations are made regarding their removal by a licensed contractor. Waste consignment notes must be retained.

Question 28

What are examples of licensable work regarding Asbestos?

Answer 28

Where worker exposure to asbestos is not sporadic and of low intensity.

Where the risk assessment cannot clearly demonstrate that the control limit will not be exceeded.

On asbestos coatings.

On asbestos insulation where the work is not short in duration.

Question 29

What are examples of notifiable (but not licensed) work regarding Asbestos?

Answer 29

Where employee exposure to asbestos is sporadic and of low intensity.

Short non-continuous maintenance activities with only non-friable materials.

Removal without deterioration in which the asbestos fibres are firmly linked in a matrix.

Encapsulation or sealing of asbestos-containing materials which are in good condition.

Air monitoring and control and collection and analysis of samples.

Question 30

Who decides if work is notifiable/needs to be licensed?

Answer 30

The person in care of the job.

Question 31

What is the penalty for breaches of a surveyor’s duty of care when dealing with asbestos?

Answer 31

Up to 12 months’’ imprisonment or an unlimited fine.

Question 32

What does the Working from Height Regulations 2005 do?

Answer 32

Places duties on employers and those who control the work of other to prevent death and injury from falling from height by making sure work is properly planned, risk assessed, supervised and undertaken by competent people with proper equipment.

Question 33

What are the basic rules when working from height?

Answer 33

Employees must report safety hazards and use equipment properly.

Avoid working from height if possible.

Scaffolding is preferred over fall arrest systems as it protects all users rather than the individual.

Question 34

What are the regulations for scaffolding?

Answer 34

Minimum handrail height of 950mm.

Mid rails at maximum of 470mm spans.

Should be checked when erected and every 7 days and following adverse weather.

Staff tags can be used to check previous inspections but are not legally required.

Question 35

What are regulations for ladders?

Answer 35

Can be used where work is low risk and short term.

Should be securely tied or footed.

Three points of contact should be maintained at all times.

Spans of 9m should have landing areas at regular intervals.

Question 36

What are a surveyors’ health and safety duties?

Answer 36

Personal and corporate responsibilities (H&S Acts, insurances, duty of care)

Legal considerations (H&S policies)

Assessing hazards and risks (risk assessments)

Occupational health (H&S at work)

Visiting premises and sites (travel arrangements, lone working, PPE etc.)
Procurement and management of construction work (CDM Regulations).

Question 37

What H&S steps should be taken when undertaking a survey?

Answer 37

Complete a dynamic risk assessment

Sign in and out

Wear appropriate clothing/PPE

Consider whether it’s safe to work alone

Check the date tag if going on scaffolding.