Health and Safety L2 Flashcards
What is the RICS guidance note on H&S?
RICS Guidance Note - Surveying Safely - Health and Safety Principles for Property Professionals 2nd Edition 2018. Reissued in July 2023 as an RICS professional standard
Talk to me about Surveying Safely from a H&S perspective
Basic, good practice for management of health and safety
- Principles for those engaged in built environment as property professionals
- Health and safety principles at corporate level and at level of individual RICS member
Includes:
- Personal responsibilities for RICS members and firms
- Assessing hazards and risks (risk assessment, H&S policy)
- Workplace health and safety (emergency arrangements, building services)
- Occupational hygiene and health (stress, bullying)
- Visiting premises and sites (lone working, PPE)
- Fire safety
- Residential property surveying
- Procurement and management of contractors
Key advice is to provide:
- Safe working environment
- Safe working equipment
- Safe systems of work
- Competent staff
What is the safe person concept?
Safe person concept = responsible for own, colleagues’ and others H&S, take responsibility for own actions and have tools required to do job safely
Need to know how to address fire safety
Need to understand advice on health, well-being and mental health
Need to consider legal duties - EG advice on asbestos
What is the Health and Safety at Work Act 1974?
Only UK Act where it is guilty until proven innocent (usually other way around)
Duty to every employer to ensure health, safety, and welfare of all employees
Policed by Health and Safety Executive (HSE) - fine/imprisonment as penalty
Must report injuries - always included in monthly reports to client too so they are aware
Note: if serious injury, notify Partner and they will speak with client
Must undertake regular risk assessments
Hazard = anything that has potential to cause harm
Risk = likelihood that someone will be harmed
H&S information to be held on site within Operations and Maintenance Manual (O&Ms)
What is a risk assessment and what’s included?
Legal requirement
Identify hazards
Identify people at risk
Evaluate risk
Record findings on form
Review risk assessment regularly
Provide precautions to those affected, to minimise the risk
What is a method statement?
Method Statement:
Details how work is to be completed
Outlines hazards and gives step by step guide on how to do job safely
Details control measures that are in place
Need to be approved prior to works
What is public liability insurance?
Copy of contractors risk and public liability insurance required before works commence
Public liability insurance covers you if a client or member of the public claims they have been injured, or their property damaged, because of your business activities.
What is a written H&S policy document?
Written document that must contain:
Policy on organisation commitment to H&S
Details of organisations H&S structure / roles / responsibilities
Risk assessment
Details of planning, implementation and control measures
What is the Six Pack of H&S Regulations?
Clarify how employers must comply with duties under ‘Health and Safety at Work Act 1974’
Management of H&S at work
Display screen equipment
Manual handling operations
Personal protective equipment at work
Provision and use of work equipment
Workplace H&S and welfare
What is RIDDOR?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
Trigger date for reporting injuries is over 7 days incapacitation
Injury must be reported to HSE within 15 days
Employees must keep record of all 3 day + injuries
Accident book must be kept for minimum of 3 years after injury
Note: applicable to Workman if about Workman employee or member of public - Workman H&S team complete RIDDOR process - don’t need to know about T demise reports. Common areas only!
What is the Corporate Manslaughter and Corporate Homicide Act 2007?
Breaches in duty of care by corporate body that leads to persons death
Penalties: unlimited fine, imprisonment and disqualification as company director
What is Fire Risk Management Regulatory Reform (Fire Safety) Order 2005?
Risk assessment with emphasis on fire prevention
Applies to non-domestic properties in England and Wales
‘Responsible Person’ is occupier or owner
Need fire precautions in place
Risk assessment, fire policy and fire procedures
Must be reviewed and recorded regularly
Fire precaution measures = alarm, fire fighting equipment, safe exit routes, emergency evaluation plan, suitable fire exit doors
All in Part B of Building Regulations
What are Fire Safety Regulations 2022?
New duties for building owners and managers
Came into force 23 Jan 2023
Part of 2005 Act - under S24
Applies to residential buildings or multi-occupancy buildings with 2+ residential premises
Need to inform residents of fire door requirements
Need to inform residents how to report a fire and how to evacuate
Talk to me about External Wall Systems
Following Grenfell
Introduced EWS1 form - used for resi properties EG flats, student accomodation, HMOs etc
Qualified professionals have to survey buildings every 5 years
What is Defective Premises Act 1972?
Landlord to provide duty of care and ensure premises comply with requirements
Been replaced by Building Safety Act 2022 - now includes mixed-use buildings, and properties that contain one or more dwellings
What is Building Safety Act 2022?
October 2023 is deadline for registering high risk buildings that are occupied
After October 2023, it is an offence if the building is occupied and not registered
From then on, all new buildings must be registered before they can be occupied
Buildings of 7+ storeys with 2+ resi units will be considered high risk
Act gives homeowners more rights, powers and protections
Building industry to deliver high-quality, better homes
What is Occupiers Liability Act 1957?
Regulates liability of occupiers/landlords for injuries caused to visitors
Duty of care is imposed to lawful visitors - those in control of premises should ensure visitor is reasonably safe in using premises for purpose in which they are invited to be there
Trespassers are covered too by Occupiers Liability Act 1984
Smoke-free (Premises and Enforcement) Regulations 2007
Illegal to smoke in enclosed public places
‘no smoking’ signs to be up
Fine from £50 to £2,500
Asbestos
Insulating material that can cause health conditions and fatal diseases
Undisturbed and undamaged = no risk to health
Once disturbed, releases small toxic fibres that get into lungs
HSE estimate it causes 5,000 deaths per annum
Three types - Blue, Brown, White
Banned in 1980s
Control of Asbestos Regulations - non-compliance is criminal offence
2 separate obligations to ‘duty holder’ and ‘employer’
Duty holder is owner (if vacant) or tenant (if got repairing lease)
Two types of asbestos survey:
Management Survey - locate and assess, and advise on it’s management
Refurbishment/Demolition Survey - sample materials suspected of containing asbestos are analysed, and recommendations are made regarding their management
Duty holder must undertake risk assessment
Need licenced contractor to do work
Asbestos register must be regularly updated
Newly constructed building requires architect certificate to confirm there is no asbestos
Asbestos 5 steps
Duty holder assesses whether premises contains asbestos - if in doubt, assume it is present
Assess risk and produce asbestos management plan - is removal needed?
Produce asbestos register
Make register available to all parties who may disturb it
Review register regularly (HSE recommend every 6 months)
Asbestos offences
up to £20,000 fine and 12 month imprisonment, and serious offences go to High Court where there is no limit on penalties
Asbestos Professional Standard
RICS Professional Standard - Asbestos: Legal Requirements and Best Practice for Property Professionals 2021
Overview of law and guidance for asbestos
Details of common ACMs
How to commission asbestos survey
Suggested contents of asbestos management plan
CDM Regulations
Construction (Design and Management) - CDM Regulations 2015
Criminal offence to breach CDM Regulations
Aims to improve management of H&S at all stages of construction project
Main duty holders: Client, Designer and Contractor
Onus on client to ensure CDM arrangements
Need risk assessment
HSE need to be notified of big projects (30 days, 20 members)
CDM file must be maintained during construction
HSE can prosecute and issue fines if regulations are breached
Statutory obligations of commercial property owner:
Asbestos management
Contamination
Equality Act compliance
Energy Performance Certificates
Fire safety
H&S
Legionnaires disease
Occupiers liability
PAT testing
Waste management
Incident reporting
Need to report and record incidents in order to establish trends and try to avoid same incident in future
EG lots of people slipping on certain floor - change to carpet or put mat down (check photos, CCTV etc)
