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RICS APC - Residential Pathway 2023 > Health and safety > Flashcards

Health and safety Flashcards

1
Q

What is the RICS guidance on H&S?

A

Guidance Note: Surveying Safely 2018

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2
Q

What does Surveying Safely cover?

A
  • Responsibilities of members and firms
  • Assessing hazards/risks
  • Workplace H&S
  • Visiting premises/sites
  • Fire safety
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3
Q

What are the responsibilities of firms under Surveying Safely 2018?

A
  • Safe working environment, equipment and systems of work
  • Competent staff
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4
Q

What is a ‘safe person’?

A

An individual assuming personal responsibility for their own and others’ health and safety

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5
Q

Key legislation on H&S?

A

Health & Safety at Work Act 1974

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6
Q

What is RIDDOR?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

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7
Q

What are your duties under the H&S at Work Act?

A
  • Duty of care to my own and public’s safety
  • Report injuries and dangerous occurrences
  • Undertake, record and review a risk assessment
  • Consider H&S information on site
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8
Q

Who is the H&S act policed by?

A

Health and Safety Executive (HSE)

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9
Q

What is the 6 step approach to risk assessments?

A
  1. Identify hazards
  2. Identify people at risk
  3. Evaluate risk
  4. Record findings
  5. Review risk assessment regularly
  6. Advise those affected of the assessment
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10
Q

How is Asbestos obtained?

A

Naturally-occurring mineral fibre mined mainly in Canada, Russia and Zimbabwe

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11
Q

What are the 3 main types of asbestos?

A

Brown (amosite)
Blue (crocidolite)
White (chrysotile)

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12
Q

When was asbestos banned in the UK?

A

Blue and Brown – 1985
White – 1999

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13
Q

Who is the duty holder if asbestos is identified?

A

The owner of the property if vacant or a tenant if holding a repairing lease

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14
Q

What is Asbestos?

A

An insulating, fire-resistant material which can cause serious health problems if fibres are inhaled

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15
Q

Does the RICS provide a guidance note on asbestos?

A

Guidance Note, Asbestos: Legal Requirements & Best Practice for Property Professionals & Clients, 2021

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16
Q

How would you identify asbestos?

A
  • Check asbestos register or historic building documents suggesting potential for ACMs
  • Look for it on inspection
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17
Q

What would you do if you noticed some potential asbestos?

A
  1. Safely investigate extent
  2. Record - photos/notes and file
  3. Check asbestos register
  4. Inform client
  5. Recommend specialist advice
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18
Q

What are the two types of asbestos survey?

A
  1. Management survey
    – Locate, assess and advise on management during normal occupation
    - No sampling or analysis
  2. Refurbishment/demolition survey
    - Where refurb or demolition works are required
    - Samples taken
    - Management recommendations
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19
Q

What are the statutory obligations of a commercial/residential property owner?

A
  • Asbestos management
  • Contamination
  • Fire safety
  • Health and safety
  • Legionnaires
  • Waste management
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20
Q

What is your employers responsibility under the H&S act 1974?

A
  • Appropriate equipment
  • Training
  • Information on the potential hazards and risks
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21
Q

What H&S procedures would you undertake if you were going to inspect a development/construction site?

A
  • Pre-inspection due diligence
  • PPE
  • Charged phone
  • Inform colleagues (diarise, who you are meeting and location)
  • Don’t enter without site manager
  • Sign in & out of site + receive a site induction
  • Lone working policy
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22
Q

What are the penalties for breaching the H&S at Work Act?

A

Criminal offence - fines and/or imprisonment

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23
Q

What is a hazard?

A

Anything with the potential to cause harm

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24
Q

What is a risk?

A

The probability of someone being harmed and severity

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25
Q

What is a Risk Assessment?

A

Process of identifying hazards and evaluating associated risks, then implementing measures to remove / reduce.

Legal requirement if > 5 employees - documented H&S risk assessments of all significant hazards.

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26
Q

What is a Method Statement?

A

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

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27
Q

Why is Public Liability Insurance needed?

A

To prevent legal claims against a company by third parties

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28
Q

When is a written H&S policy document required?

A

More than 5 employees

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29
Q

What must a written H&S policy document include?

A
  1. A policy setting out the organisation’s commitment to H&S
  2. Details of the organisation’s H&S structure, with roles & responsibilities
  3. Risk assessment for workplace & preventative measures in place
  4. Planning & implementation of the H&S policy + control measures
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30
Q

What does RIDDOR outline?

A
  • Report injuries to HSE if >7 days incapacitation
  • Report within 15 days
  • Record all 3-day injuries in an accident book for 3 years
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31
Q

What act relates to corporate manslaughter?

A

Corporate Manslaughter and Corporate Homicide 2007

32
Q

What does Corporate Manslaughter and Corporate Homicide Act 2007 outline?

A

Gross breaches of a duty of care by a corporate body leading to death

33
Q

What are the penalties under Corporate Manslaughter and Corporate Homicide Act 2007?

A

Unlimited fine, imprisonment + disqualification as a company director

34
Q

What act relates to fire risk management?

A

Fire Risk Management Regulatory Reform (Fire Safety) Order 2005

35
Q

What does the Fire Risk Management Regulatory Reform (Fire Safety) Order 2005 outline?

A
  1. Fire risk assessments for non-domestic property
  2. Employer or occupier = ‘Responsible Person’
  3. Fire precautions in place following risk assessment
  4. Good record keeping of risk assessment, fire policy & procedures and staff training
  5. Regular assessment reviews
  6. Reasonable precaution could = smoke detectors & alarms, hoses & fire extinguishers, safe exit routes, emergency lighting, signage, fire doors

Covered in Part B, Building Regs

36
Q

What is the recent fire safety legislation?

A

Fire Safety Act 2021 - multi-occupied residential buildings

37
Q

Why did the The Fire Safety Act 2021 occur?

A

Following the Hackitt Review 2018 after Grenfell

38
Q

What does the The Fire Safety Act 2021 highlight?

A

Responsible persons required to assess, manage & reduce fire risks from the structure, external walls & common areas buildings

39
Q

What are the responsibilities of The Fire Safety Act 2021?

A
  1. Regular lift inspections reported to fire services
  2. Evacuation plans updated & personal evacuation plans in place for residents whose evacuation ability may be compromised
  3. Residents given safety instructions
  4. Individual entrance doors comply with relevant standards
  5. Responsible person must manage & reduce fire risk
40
Q

What does EWS stand for?

A

External Wall System

41
Q

Why have EWS1 forms been introduced?

A

The UK Government and mortgagors have sought to enable the valuation of tall residential buildings following the Hackitt review

42
Q

What properties is EWS1 designed for?

A
  • Blocks of flats
  • Student accommodation
  • Assisted living / care homes
  • HMOs
  • Mixed use blocks

NOT HOTELS

43
Q

What is the EWS1 process/form?

A

Qualified professional conducting a fire risk appraisal on the external wall system, before signing an EWS1 form, which is valid for 5 years.

44
Q

What is covered under Construction (Design and Management) (CDM) Regulations 2015

A
  • Criminal offence policed by the HSE
  • H&S during the design & management of all commercial building projects, including residential development/refurbishment
  • Aims to improve the management & co-ordination of H&S throughout projects

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 operation/running of the building

45
Q

Under the Construction (Design and Management) (CDM) Regulations 2015, when must the HSE be notified?

A

> 30 construction days with >= 20 workers on site

> 500 ‘person’ days of construction work

Involves demolition

46
Q

What are the key points of the CDM 2015?

A
  • Simpler regulations
  • Main duty holders = Client, Principal Designer, Principal Contractor
  • Projects with > 1 contractor on site must have Principal Designer & Principal Contractor, & H&S file
  • Construction Phase Plan required for all projects; safety considered at design stage by Principal Contractor
47
Q

What are the penalties under CDM?

A

Policed by HSE

Prosecute, fine, Improvement & Prohibition Notices

48
Q

What is the ‘Six-Pack’ of H&S Regulations?

A

Introduced 1993.

Management of H&S at Work
Display Screen Equipment
Manual Handling Operations
PPE at work
Provision + Use of Work Equipment
Workplace Health, Safety + Welfare

49
Q

What is an external wall system?

A

Made up of the outside wall of a residential building, including cladding, insulation, fire break systems, etc.

50
Q

What are the benefits of EWS1 form?

A

Assurance for lenders, valuers, residents, buyers and sellers.

51
Q

What is the Guidance Note for valuing residential buildings with cladding?

A

RICS Guidance Note, Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding UK 2021

52
Q

What is in the Guidance for valuing residential buildings with cladding to help valuers understand when an EWS1 form is needed?

A
  • Decision tree & case studies about which option to complete
  • Criteria to decide whether an EWS1 form is needed, considering the
    building height, cladding type and amount, combustible stacked balconies
53
Q

What are the criteria for needing an EWS1 form?

A

> 6 storeys - cladding, curtain walling or stacked timber balconies

5-6 storeys - >25% cladding visible at ground level, stacked timber balconies, or ACM / MCM / HPL

<= 4 storeys - ACM / MCM / HPL

54
Q

What is the RICS EWS Assessor Training programme?

A

Government funded RICS training programme to train up to 2,000 EWS assessors

55
Q

What are the main potentially combustible cladding materials?

A

Aluminium cladding material (ACM)
Metal composite material (MCM)
High-pressure laminate (HPL)
Timber and metal sheet panels

56
Q

What two options does the ESW1 form produce?

A

A - EWS unlikely to be combustible

B - Combustible materials present in EWS;
B1 - low enough risk = no remedial works required
B2 - high enough risk = remedial works required

57
Q

Why is an EWS1 assessment required every five years?

A

To capture any renovation or adaptation work done to the building, as well as maintenance over that period.

58
Q

How does the EWS1 form factor into the buying, selling or re-mortgaging of a property?

A

Ensures a valuation can be provided for a mortgage where there is EWS cladding of uncertain make up, which has safety and value implications if remediation is required.

59
Q

What happens if the EWS1 assessment identifies that remedial works are required?

A

If EWS1 requires remedial work then valuer expected to take this into consideration. Valuation only possible if there is clarity on costs and a timeline for works.

Unlikely to lend until remedial work completed, but some may lend with retentions, based on their own risk appetite.

60
Q

What is the criticism of EWS1?

A

Lack of qualified professionals

RICS are addressing this through training

61
Q

What is the most recent building safety legislation?

A

Building Safety Act 2022

62
Q

What is the purpose of Building Safety Act 2022?

A

To enhance building safety regulations and give residents stronger voices

63
Q

How does the Building Safety Act 2022 implement The Hackitt Review?

A

Recommendations for high-rise resi buildings.
New system to oversee the whole built environment, with local enforcement agencies and national regulators to strengthen:

  • Accountability and duties for those responsible for safety during construction and occupation
  • Residents’ to contribute to safety
  • Enforcement to deter non-compliance
  • National framework for construction products
  • New build developers to belong to a New Homes Ombudsman Scheme
64
Q

The Building Safety Act 2022 requires a new Building Safety Regulator who is required to act for:

A
  1. Securing the safety of people in/about buildings
  2. Improving standards
65
Q

What else is stated in the Building Safety Act 2022?

A
  • Combustible cladding on resi buildings > 18m banned since Sep 2018
  • Developers obliged to fund unsafe cladding removal and leaseholders can monitor progress online
  • Reform of External Wall Fire Review process and the use of EWS1 forms for buildings with cladding
  • Fire statements & building regulations compliance declared in planning application / pre-construction / pre-occupation stages of high-rise development (3 gateways)
66
Q

What are International Fire Safety Standards (IFSS)?

A

Supported by the RICS

Global consistent, high level principles for fire safety in the design, construction and management of buildings

67
Q

What are the effects of Building Safety Act 2022 on S.38 of the Building Act 1984?

A
  • Previously unenacted - will enable civil claims for building regulations breaches causing physical damage
  • Limitation period extended - 6 to 15 years
  • Will expose contractors, clients and consultants to liability
68
Q

Act relating to Occupiers Liability?

A

Occupiers Liability Act 1957

69
Q

What does Occupiers Liability Act 1957 outline?

A

Common duty of care by occupiers & landlords to lawful visitors for injuries caused to lawful visitors and for damages to goods due to the state of the property.

Take reasonable care that the visitor will be reasonably safe for the purposes they are permitted to be there.

Trespassers covered by the Occupiers Liability Act 1984.

70
Q

Smoking regulations?

A

Smoke-free (Premises & Enforcement) Regulations 2007

71
Q

What do Smoke-free (Premises & Enforcement) Regulations 2007 outline?

A
  • Illegal to smoke in all enclosed and substantially enclosed public places.
  • No smoking signs must be displayed.
  • LAs enforce the law.
  • Penalties range from FPN - £50 to £2,500
72
Q

Act applies to Defective Premises?

A

Defective Premises Act 1972

73
Q

What is covered in Defective Premises Act 1972?

A
  • Obligation on the landlord to ensure premises comply with its requirements.
  • Section 4 - LL duty of care to all who might reasonably be expected to be affected by defects.
  • May be a remedy for personal injuries resulting from a failure to repair.
  • Building Safety Act 2022 - liability extended to 15 years
74
Q

What effects can asbestos have?

A

Left undamaged and undisturbed, it poses no risk to health.

If disturbed/damaged it can release small toxic fibers which can lodge in the lungs and cause illness.

HSE estimate > 4m UK properties contain asbestos and cause 5k deaths pa.

75
Q

What is defense against asbestos liability?

A

The person took all reasonable precautions and exercised due diligence.

76
Q

What are the penalties for Asbestos?

A

Under Health & Safety (Offences) Act 2008 - fines up to £20k and 12 months imprisonment.

More serious offences can be tried in higher courts - no limits on penalties.

RICS APC - Residential Pathway 2023 (18 decks)

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