Health and Safety Flashcards

1
Q

What is in the RICS Professional standard Surveying Safely - Health and Safety principles for property and professionals 2018 and what is the structure

A

sets out
- good practice principals for the management of health and safety
- principles for those engaged in the built environment including health and safety responsibilities at corporate level and individual RICS member

structure:
1. personal responsibilities
2. assessing hazards and risks
3. workplace health and safety
4. occupational hygiene and health
5. visiting premises and sites
6. fire safety
7. residential property surveying
8. procurement and managing of contractors

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2
Q

What must firms ensure they provide and what are the key areas of advice in the Surveying safely professional standard

A
  • safe working environment
  • safe work equipment
  • safe systems at work
  • competent staff

key areas of advice
- seeks to ensure that individuals accept responsibility for their own actions and they have the tools they need todo the job safely
- requirement of unto date personal and corporate responsibilities
- legal considerations and duties - for employers and employees to include advice on asbestos
- how to address fire safety
- an audit template is provided to assist members

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3
Q

what other information does the Surveying safely professional standard include

A
  • assessing hazards (to include risk assessments)
    -property professionals’ places of work (emergency arrangements and building services)
  • occupational health (stress and bullying)
  • procurement and management of construction work (CDM regulations)
  • precautions relating to potential risk/hazards assessments - refer to company’s own specific requirements
  • visiting premises and sites (travel arrangements, lone working, PPE etc)
  • tell someone where you are going and when you leave a building/site
  • wear appropriate protective clothing eg high vis, protective footwear, hard hat, goggles, and ear defenders
  • sign in and ot of the building or construction site
  • consider whether safe to inspect alone and observe special lone working arrangements
  • check dated tag if going on scaffolding
  • wear non-slip shoes/boots when going up a ladder
  • emphasis is placed on Members having correct operational practices in place
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4
Q

What does the Health and Safety at Work 1974 state

A
  • ‘duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of employees’
  • Policed by Health and Safety Executive (HSE) as a criminal offence
  • must report injuries and dangerous occurrences (1995 regs)
  • must undertake, record, review a risk assessment (1995 regs)
  • Hazard = anything that could cause harm (eg wet floor)
  • Risk = probability of the harm happening (eg probability of falling over on wet floor)
  • detailed H&S information is held on site in Operations and Maintenance manual
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5
Q

What does the PPE at work Regulations 2022 say

A

extends the employers’ duty to ensure provision of appropriate PPE for employees and contractors
eg cleaning, security and construction workers

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6
Q

What does a risk assessment include?

A
  1. identify the hazards
  2. identify the people at risk
  3. evaluate the risk
  4. record the findings
  5. review the RA regulation
  6. advise all affected to minimise/eliminate the risk
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7
Q

is a risk assessment a requirement?

A

it is a legal requirement for organisations of 5+ staff
documents all their significant hazards

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8
Q

What is a method statement

A
  • document that details the way a work task or process is to be completed
  • outlines hazards involved and includes step by step on how to do the job safely
  • details which control measures have been introduced
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9
Q

what insurance do you need before commencing any work

A

public liability insurance

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10
Q

what are the 4 things that are to be included in a written health and safety document and when is it required

A

required for employers with 5+ staff
- Policy setting out a firms commitment to H&S
- details of the firm’s H&S structure
- risk assessment for risks in the workplace and preventative measures
- details of planning, implementation of the H&S policy and control measures

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11
Q

What is the ‘6 Pack’ of H&S regulations

A

introduced in 1993 covering various key aspects of H&S compliance
clarify how employers must comply with their duties under H&S at work Act 1974

regulations:
- management of HS at work
- display screen equipment
- manual handling operations
- personal protective equipment at work
- provision and use of work equipment
- workplace health, safety and welfare

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12
Q

what are the timelines stated in the Reporting of injuries, diseases, dangerous occurrences regulations (RIDDOR) 1995

A
  • ‘trigger date’ for reporting injuries is 7 days incapacitation
  • must be reported to HSE within 15 days from accident date
  • employers must keep record of all 3 days plus injuries
  • kept in an accident book for a minimum of 3 years
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13
Q

what does the Corporate Manslaughter and Corporate Homicide Act 2008 relate to and what are the penalties

A

gross breaches of duty of care by a corporate body leading to death
unlimited fine, imprisonment, disqualification

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14
Q

what are the key points of the Fire Risk Management Regulation Reform (fire safety) Order 2005

A
  • based in Risk Assessment with focus on fire prevention
  • non domestic property
  • responsible person = employer, occupier, or owner is vacant
  • must be precautions in place following risk assessment
  • need for good record keeping
  • regular reviews/assessment

reasonable fir precaution measures include:
1. warning system
2. firefighting equipment
3. exit routes
4. evacuation plan
5. emergency lighting & signage

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15
Q

when did the Fire Safety Act 2021 come into effect and what does it amend

A

In Jan 2022 following the Hackitt Review(2018) and it amends the reg reform (Fire Safety) Order 2005

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16
Q

what is in the Fire Safety Act 2021

A
  • applied to all premises including common parts in blocks with multiple occupation
  • requires a responsible person to assess manage and reduce the fire risks posed by the structure, external walls and any common areas
  • fire risk appraisals of external walls (FRAEW) on multi tenanted buildings
  • allows fire service to take enforcement action against responsible persons who fail to comply
  • regular inspections of lifts
  • ensuring evacuation plans updated
  • residents have fire safety instructions
  • flat entrance doors comply
  • An EWS1 form may still be used if required by financial insitutions
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17
Q

Following the Grenfell fire what form has now bee adopted to do a valuation of tall residential buildings?

A

EWS1 form(external wall systems)

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18
Q

what is EWS1’s criteria

A
  • height if the building
  • the type of cladding and how much of it the is on the building
  • the presence of balconies and combustible material
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19
Q

how long are EWS1 forms valid for

A

valid for a entire building for five years but not every building will require an EWS1 form

20
Q

what does the Building Safety act 2022 intent to do

A
  • intended to enhance regs for building safety
  • implements elements of the Hackitt review recommendations for high rise resi buildings
  • Granted Royal Assent in 2022 with provisions coming into force over the next2 years
21
Q

what are the strengths of the Building Safety act 2022

A
  • accountability and duties for those responsible for safety of high rise buildings
  • resident’s ability to contribute to maintaining safety
  • enforcement to deter non-compliance
  • national framework to ensure suitability of construction materials
  • requirements for new build developers to belong to New Homes Obudsman scheme
22
Q

what are the key provisions of the Building Safety act 2022

A
  • Introduced Building Safety regulator which oversees safety and standards
  • building safety regulator is the Building Control Body
  • HSE is responsible for verifying building works - to ensure they meet standards
  • a golden thread of information now required for each higher risk building
  • a mandatory occurrence report now required for each higher risk building
  • new his rise resi buildings must now be registered before occupied
  • further provisions are still to be introduced under new legislation
23
Q

What come under the Occupiers Liability Act 1957

A
  • act regulates liability of occupiers & others for injured caused to lawful visitors & damage to any goods due to dangers of state of property or due to things omitted to be done there
    -common duty of care imposed to lawful visitors - occupiers but also LL also liable
  • duty of those who are in occupation or in control of the Property to take such care as is reasonable to see that the visitor will be reasonably safe for the purposes they have been invited to use it for.
  • trespassers are covered by the Occupiers’ Liability Act 1984
24
Q

what does the Smoke Free (Premises & Enforcement) Regulations 2007

A
  • illegal to smoke in all enclosed and suitably enclosed areas
  • no smoking signs must be displayed
  • local authorities enforce the law
  • penalties from £50-2500
25
Q

what does the Defective Premises Act 1972 impose

A
  • imposes obligation on the LL to ensure the premises comply with its requirements
  • S4 states that the LL owes duty of care to all that might be reasonably affected by defects in the premises
  • LLs NOT required to make a building safe or keep in good condition
  • where personal injuries result there may be remedy under the act
  • Building Safety act 2022 - extended period of liability from 6 -15 years after completion for claim arising after June 2022
26
Q

What is asbestos

A
  • insulating material which can cause serious health problems and fatal diseases
  • left undamaged and disturbed it poses no risk to health however if it is disturbed it can release very small toxic fibres which can lodge in the lungs and cause illness
  • HSE estimate that over 4 million UK properties contain asbestos and cause 5,000 deaths per annum
27
Q

what are the 3 types of asbestos

A
  1. brown (amosite)
  2. Blue (crocidolite)
  3. White (Chrysotile)
28
Q

when was asbestos banned

A

white was made an illegal material since 1999 and other forms in 1995

29
Q

what is the key legislation relating to asbestos

A

The Control of Asbestos Regulations 2012

30
Q

who are the two separate obligations to relating to asbestos

A

‘duty holder’ and an ‘employer’
duty holder = the owner of the premises if vacant or a tenant if holding a repairing lease

31
Q

what is the purpose of an asbestos survey

A

to make a ‘materials assessment’

32
Q

what do you need to do if non-licensed work is carried out

A

notify the HSE and keep brief written records

33
Q

what are the two types of asbestos survey

A
  1. Management survey
    - to locate assess and advice on its management during occupation and use of premises
    - no sampling of materials or analysis
  2. Refurbishment/demolition survey
    - required where the premises need upgrading, refurbishing or demolishing
    - samples of materials suspected to be asbestos are taken and analysed
    - recommendations are made regarding their management
  • all works must be done by a licensed contractor
    -duty holder must undertake risk assessment
  • asbestos register muse be produced and regularly updated - should contain priority score to triage remediation
34
Q

what do new buildings require in terms of asbestos

A
  • require architects certificate to confirm there is no asbestos present
35
Q
A
36
Q

What are the 5 steps to take as a duty holder in regards to asbestos

A
  1. the duty holder must assess whether the premises may contain asbestos and if so what condition it is in
  2. assess the risk & produce an asbestos management plan
  3. produce an asbestos register
  4. make register available to all relevant parties who might disturb it
  5. review the register regularly (HSE recommend 6 monthly)
37
Q

what are the penalties for not making sure the correct steps are taken as a duty holder for asbestos

A
  • Health & Safety ( Offences) Act 2008 enables fines of a max £20,000 and the possibility of 12 months imprisonment

also enables more serous cases to be tried in higher courts where there is no limit in the fines

38
Q

what is the date of the Professional Standard: Asbestos

A

2021

39
Q

what info is in the Asbestos 2021 Professional standard

A
  • details of common asbestos containing materials
  • how to commission an asbestos survey
  • suggested contents of an asbestos management plan
40
Q

What are the Construction (Design Management) Regulations 2015

A

they set out the law that applies to all construction projects
aim is to improve the management and co-ordination of H&S at all stages of construction

41
Q

who are the main duty holders under CDM regualtions

A

The Client
Principal Designer
Principal Contractor

42
Q

what changes were made under the 2015 regulations (CDM)

A

introduced a Principal Designer providing responsibility to someone who can influence the design

43
Q

What are the key documents under CDM 2015

A
  • F10 - for submitted to notify the HSE if a project is:
    —- anticipated to last longer than 30 construction days with 20 or more workers or more workers working simultaneously on site
    —- OR the work will exceed 500 person days
    —- OR involved demolition

CDM File - contains H&S information regarding the property and operation running of the building which is passed to the occupier/owner of the building

Construction Phase Plan - records and arrangements fir securing H&S and welfare during the construction phase of a project - updated and changed by the Principal Contractor

44
Q

who are the CDM regulations policed by

A

HSE who can prosecute and issue fines

45
Q

Overall what are the statutory obligations of a commercial property owner

A
  • asbestos management
  • contamination
  • Equality Act 2010
  • energy performance certificate
  • fire safety
  • building safety
  • H&S
  • legionnaires disease
  • Occupiers liability
  • PAT testing (for portable electrical equipment)
  • Waste Management