Health and Safety

Question 1

What must RICS regulated firms ensure they provide?

Answer 1

Under the RICS Guidance Note: Surveying Safely - Health and safety principles for property professionals 2018 -
- a safe working environment
- safe work equipment
- safe systems of work
- competent staff

Question 2

READ SURVEYING SAFELY!!

Question 3

What is the most prominent Health and Safety legislation for the employers and summarise what is requires?

Answer 3

Health and Safety at Work Act 1974, as amended
- duty to every employee to ensure, so far as practicable, the health, safety and welfare of all employees
- the sector is policed by the Health and Safety executive
- must report injuries and dangerous occurrences
- must have and review a risk assessment (if over 5-employees)
- appoint a competent person to oversee H&S
- provide proper facilities

Question 4

What is a hazard?

Answer 4

Anything that has the potential to cause harm e.g. a wet floor

Question 5

What is a risk?

Answer 5

The probability or likelihood that someone will be harmed e.g. slipping on the wet floor

Question 6

What is a risk assessment and when would you need one as an employer?

Answer 6

Under the H&S at Work Act 1974, a risk assessment is required when you have 5 or more employees.
1 - hazard identification
2 - identify the people at risk
3 - evaluate risk, considering likelihood and severity and what measures can be implemented to reduce that risk
4 - record findings on a suitable form
5 - review the risk assessment regularly
6 - circulate the risk assessment

Question 7

What is a method statement?

Answer 7

A document detailing the hazards involved and step by step guide of how to do the job safely, including control measures

Question 8

What should be included in a H&S policy document?

Answer 8

1 - policy setting out employers commitment to H&S
2 - details the organisations H&S structure, with roles and responsibilities
3 - a risk assessment
4 - details of planning, implementation and control measures

Question 9

What is RIDDOR?

Answer 9

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
Following 7 days of incapacitation, the injury must be reported to HSE within 15 days from the date of the accident.
Employers must keep a record of all 3-day plus injuries
An accident book must be kept for a minimum of 3-years after an occupations accident or injury

Question 10

What legislation covers gross breaches of duty of care that lead to a persons death?

Answer 10

Corporate Manslaughter and Corporate Homicide Act 2007
Unlimited fine or imprisonment

Question 11

What is an employers fire safety responsibilities?

Answer 11

Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
- the responsible person (occupier) is responsible for fire safety
- must be fire precautions in place following risk assessment
- staff training
- fire risk assessment
- regular review
- precautionary measures should be implemented (fire alarm system, fire-fighting equipment, safe exit-routes, emergency lighting)

Question 12

Why was the Fire Safety Act 2021 implemented?

Answer 12

Grenfell
The responsible person of a residential building must reduce the risks imposed in the structure, external walls and any common areas of the building.
The fire service can now take enforcement action against responsible persons who fail to comply

Question 13

What duty of care due you owe to authorised occupiers?

Answer 13

Under the Occupiers Liability Act 1957, those in control of a premises, has a duty to see that a visitor will be reasonably safe 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 1984

Question 14

What is asbestos and what types are there?

Answer 14

Asbestos is an insulating material which can cause serious health problems and fatal diseases if disturbed as it releases toxic fibres which lodge in the lungs. It causes 5,000 deaths per year.
Types -
- Brown
- Blue
- White

Question 15

What are the requirements of asbestos under legislation?

Answer 15

Control of Asbestos Regulations 2012 -
Asbestos management plan in place, must review regularly
Demolition / refurbishment survey when necessary
Licenced removal usually required
Any unlicensed work should be notified to HSE

Question 16

Under CDM, what is a notifiable project?

Answer 16

A project that continues for over 30 construction days with 20 or more workers simultaneously on site or more than 500 ‘person’ days, or involved demolition
F10 form submitted to HSE

Question 17

Who regulates CDM and what are the consequences of non-compliance?

Answer 17

HSE
They can issue improvement and prohibition notices where there is a breach

Question 18

What works does CDM cover?

Answer 18

Commercial building projects
Residential development, refurbishment and maintenance

Question 19

Who is responsible for CDM compliance?

Answer 19

Client

Question 20

What are the responsibilities of a CDM client?

Answer 20

Ensures pre-construction information is provided
Ensures construction phase plan is completed before works
Ensures there are arrangements for welfare
Ensures HSE are notified if necessary

Question 21

What are the responsibilities of a CDM principal designer?

Answer 21

Must have the necessary skills, knowledge and experience relevant to the work
- ensure everyone is aware of CDM duties
- completes pre-construction information, with the client
- responsible for eliminating foreseeable H&S risks
- takes steps to reduce or control any risks that cannot be eliminated

Question 22

What are the responsibilities of a CDM principal contractor ?

Answer 22

Must have the skills, knowledge and experience to carry out the works safely.
Must ensure all staff are aware of CDM
Plan manage and monitor the way the construction work is completed
Provide construction phase plan / site rules

Question 23

How do you control risks?

Answer 23

Within Surveying Safely, there are 5 main ways:
1 - Elimination
2 - Substitution
3 - Engineering controls (e.g. scaffolding to prevent falls from height)
4 - Administrative controls (e.g. minimise lone working or exposure to one thing by using rotation)
5 - PPE (only use when you cannot do anything else about that hazard)

Question 24

What is SSAFO?

Answer 24

Slurry, Silage and Agricultural Fuel Oil Regulations 2010
Relates to storage and run-off on farm.

Question 25

What is COSHH?

Answer 25

Control of Substances Hazardous to Health Regulations 2002.
Must limit exposure to hazardous substances, including dust, gases, fumes etc. Also, Legionnaires disease.

Question 26

What legislation applies to Lone working?

Answer 26

H&S at Work Act 1974.
My firms policy includes things like keeping electronic diaries up-to-date, code words, reporting back after meetings.

Question 27

What sort of measures have you implemented from the Estates annual report?

Answer 27

Got staff to complete Health questionnaires
Ensured the policy document was updated within the yard
Implemented job-specific risk assessments
Removal of hazardous equipment such as ladders and a forestry winch

Question 28

What did you include when you completed the fire risk assessments?

Answer 28

Areas of higher fire risk / combustibles
Fire exits
Fire extinguisher locations
Fire escape signage and lighting
Fire alarm system
Maintenance on systems that may cause fire (engines / saws etc)

Question 29

Who is responsible for asbestos in a buidling?

Answer 29

Under Regulation 4 of the Control of Asbestos Regulations 2012, the duty to manage is placed on the owner or whoever is responsible for maintenance and repair.

Question 30

What electrical safety testing should be carried out on let buidlings?

Answer 30

Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, an EICR should be obtained and be satisfactory. An unsatisfactory EICR would include C1’s, C2’s and FI’s.

Question 31

What should be carried out where there are gas installations in a property?

Answer 31

Under the Gas Safety (Installation and Use) Regulations 1998, annual gas safety checks should be carried out by a qualified engineer. The certificate must be sent to the tenant within 28 days.

Question 32

What is Legionnaires and how does it affect your work?

Answer 32

The disease is a severe form of pneumonia, which is caused by bacteria called legionella, which is found in rivers and lakes, but also hot and cold water systems installed in properties. It develops where the water is maintained at a temperature high enough to encourage growth of the bacteria.
Landlords have a duty to tenants to minimise the risk of this affecting them and therefore I advise clients to -
- flush the system out prior to letting
- instruct a plumber to review the system to ensure no debris can get in
- instruct a plumber to set control measures such as keeping the water stored at 60 degrees, so too high for legionella to develop
- ensure that any redundant pipework is removed
- advise that combi boilers are lower risk as no water is stored at a risky temperature

Question 33

What may the consequences be if a tenant contracted Legionnaires disease?

Answer 33

The landlord may be liable for prosecution under the H&S at Work Act 1974, and would be required to evidence that they have carried out risk assessments and implemented measures to minimise risk.

Question 34

What things should be considered before heading out to site?

Answer 34

Before getting to site, I consider the safest way of travelling to site and what time i need to leave. I also consider where is safe to park.
Should I be visiting site on my own, i ensure the correct provisions are in place.
I consider if there are any known risks and how i can deal with those, this may be traffic while being near a highway.
I ensure that i let any occupants know that i am visiting and am aware if anyone is likely not to welcome my visit.
etc

Question 35

What is HSE’s responsibiltiies?

Answer 35

UK National Authority for managing work related health, safety and illness issues. Act in the public interest to reduce work related injuries and incidents.

Question 36

What are the regulations relating to working from height?

Answer 36

Work from height regulations 2005

Question 37

What do you need to consider when planning working from height?

Answer 37

• weather conditions
• check whether working area is safe (i.e. roof)
• ensure things cannot fall from height (exclusion zone)
• plan for emergencies and rescue
• the nature, frequency and duration of the work