Health & Safety Flashcards
What is the key RICS guidance in relation to Health and Safety?
RICS Guidance Note ‘Surveying Safely - Health and safety principles for property professionals’ 2018 - effective Feb 2019
What does the GN set out?
Basic, good practice principles for the management of H&S for RICS regulated firms and members
Principles for those engaged in the built environment as property professionals and includes H&S responsibilities:
- At a corporate level (whether small/large)
- At the level of the individual RICS member
What is the structure of the GN
- Personal responsibilities for RICS members and firms
- Assessing hazards and risks
- Workplace H&S
- Occupational hygiene and health
- Visiting premises and sites
- Fire safety
- Residential property surveying
- Procurement and management of contractors
What is the key areas of advice under the GN?
RICS Regulated Firms must ensure they provide:
- A safe working environment
- Safe work equipment
- Safe systems at work
- Competent staff
What is a safe person?
The RICS consider the concept of a ‘safe person’ to mean that each individual assumes individual behavioral responsibilities for their own, their colleagues and others H&S while at work
What else does the GN outline?
Seeks to ensure that individuals accept responsibility for their own actions and they have the tools they need to do their job safely
A requirement for up-to-date personal and corporate responsibilities for property professionals (inc: relevant law, employers liability insurance and public liability)
Legal considerations and duties - for employers and employees to include advice on asbestos
Advice on health, well-being and mental health
How to address fire safety
An audit template is provided to assist members
Assessing hazards and risks
Occupational health
What are some important considerations when visiting premises and site?
Tell someone where you are going and when you leave the building/site
Wear appropriate protective clothing when appropriate inc - high visibility jacket, protective footwear, hard hat, protective goggles, gloves and ear defenses.
Sign in and out of a building or construction site and receive a site induction - do not just enter the site or building and wear PPE
Consider whether safe to inspect alone and observe special lone working arrangements
Check dated tag if going on scaffolding
Wear non-slip sole shoes /boots when going up a ladder
Emphasis is placed on members to have correct operational practices in place
What is the relevant legislation?
Health & Safety at Work 1974
What does the Health & Safety at Work Act 1974 state?
Duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all employees
Must report injuries and dangerous occurrences (1995 Regulations)
Must undertake, record and regularly review a risk assessment (1999 Regulations)
Detailed H&S information is to be held on site - usually in the Operations and Maintenance Manual
Who policies the H&S at Work Act 1974
Health and Safety Executive (HSE)
Who policies the H&S at Work Act 1974
Health and Safety Executive (HSE)
Penalties for breaching the H&S at Work Act?
It is a criminal offence - with fines and/or imprisonment
What is a hazard?
Refers to anything that has the potential to cause harm (such as a wet floor)
What is a risk?
The probability/likelihood that someone will be harmed (such as the risk of falling over on the wet floor)
What is a Risk Assessment?
It is a legal requirement for organisations employing more than 5 staff to have documented health and safety risk assessments of all their significant hazards
Please can you outline the Risk Assessment process?
- Identify the hazards present
- Identify the people at risk from the hazards eg. employers, contractors, visitors
- Evaluation the risk, considering the likelihood and severity of any accidents. Existing precautions in place should be identified and evaluated
- Record the finding on a suitable form
- Review the risk assessment regularly
- Advise all those affected of the outcome of the risk assessment and methods of work and precautions to minimise or eliminate risk
What is a Method Statement?
A document which details the way a work task or process is to be completed and prior approved
It should outline the hazards involved and include a step by step guide on how to do the job safely
It must detail which control measures have been introduced to ensure the safety of anyone who is affected by the task or process
Why is Public Liability Insurance relevant?
A copy of the contractors all risk and public liability insurance is also needed before work is commenced
What is a written health and safety policy document?
A written document required for employers if they employ more than 5 employees
What must a written health and safety policy document include?
- A policy setting out the organisations commitment to H&S
- Details of the organisations H&S structure, with roles and responsibilities for organising H&S
- A risk assessment setting the risks within the workplace and preventative measures in place
- Details of the planning, implementation of the H&S policy and control measures
What is the Six Pack of H&S Regulations?
A group of six regulations introduced on 1 January 1993 which covers various key aspect of H&S compliance
These regulations implement various European Directives on H&S and clarify how employers must comply with their duties under the H&S at Work Act 1974
What regulations are included under the Six Pack?
- Management of Health and Safety at Work
- Display Screen Equipment
- Manual Handling Operations
- Personal Protective Equipment at Work
- Provision and Use of Work Equipment
- Workplace Health, Safety and Welfare
What is RIDDOR
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
What does RIDDOR outline?
The trigger date for reporting injuries is over 7 days incapacitation
Such an injury must be reported to HSE within 15 days from the date of the accident
All employers must also keep a record of all 3-day plus injuries
The info should be kept in an accident book which must be kept for a minimum of 3 years after an occupational accident or injury
What act relates to corporate manslaughter?
Corporate Manslaughter and Corporate Homicide Act 2007
What does Corporate Manslaughter and Corporate Homicide Act 2007 outline?
This Act relates to gross breaches of a duty of care by a corporate body leading to a persons death
What are the penalties under Corporate Manslaughter and Corporate Homicide Act 2007?
Unlimited fine
Imprisonment
Disqualification as a company director by a member of the senior management team
What act relates to fire risk management?
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
What does - Fire Risk Management Regulatory Reform (Fire Safety) Order 2005 outline?
Based on risk assessment with the emphasis on fire prevention
Applies to non-domestic property in England and Wales
The Responsible Person - is the employer / occupier who controls the property or owner if vacant
Must be fire precautions in place following a risk assessment
Good record keeping on: risk assessment, fire policy & fire procedures and staff training
Regular review of assessments required and recorded
Reasonable fire precautions measures - fire detection, warning alarm system, fire fighting equipment, safe exit routes, personal emergency evacuation plan, emergency lighting
Matter covered in Part B of the Building Regulations
What is the recent fire safety legislation?
The Fire Safety Act 2021
Why did the The Fire Safety Act 2021 occuer?
Following the Hackett Review (2018) the act reforms the Regulatory Reform (Fire Safety) Order 2005 as it relates to multi-occupied residential buildings
What does the The Fire Safety Act 2021 highlight?
Requires all responsible persons to assess, manage and reduce the fire risks posed by the structure, external walls and any common areas of the building
Allows the Fire Service to take enforcement action against responsible persons who fail to comply
What does the The Fire Safety Act 2021 highlight?
Requires all responsible persons to assess, manage and reduce the fire risks posed by the structure, external walls and any common areas of the building
Allows the Fire Service to take enforcement action against responsible persons who fail to comply
What does the The Fire Safety Act 2021 require?
- Regular inspections of lifts to be reported to fire and rescue services
- Ensuring evacuation plans are regularly updated and that personal evacuation plans are in place for residents whose evacuation ability may be compromised
- Ensuring residents are provided with suitable fire safety instructions
- Ensuring individual flat entrance doors comply with current standards where external walls have unsafe cladding
- Clarifying that the responsible person or duty holder for multi occupied residential buildings must manage and reduce the risk of fire
What does EWS stand for?
External Wall Systems
What was the response from Grenfell Fire?
Building safety reviews have highlighted many tall residential buildings external wall system is unsafe
Reduction on property values with increase caution from lenders due to building safety
Why has EWS1 forms been introduced?
The UK Government and mortgagors have sought to enable the valuation of tall residential buildings through introducing EWS1
What properties is EWS1 designed for?
Block of flats
Student accommodation
Assisted living and care homes
Houses in Multiple Occupation (HMOs)
Mixed use blocks where there is a residential component
NOT FOR HOTELS
What does an EWS1 enable?
A qualified professional to confirm that an external wall system on residential buildings have been assessed for safety in line with government guidance
What is the criteria considered under EWS1?
The height of the building
The type of cladding and how much of it there is on the building
The presence of balconies and combustible material
How long are EWS1 forms valid for?
5 years
Have RICS reported on EWS1?
The RICS published guidance for valuers in March 2021
This included criteria to help decide whether particular buildings need an EWS1 form but valuers must always follow instructions given by their lender clients and have rationale to justify the request for the EWS1 form
What is the criticism of EWS1?
Criticism of the process because there are a lack of qualified professionals able to undertake the surveys
The RICS are addressing this through training of additional assessors
What is the most recent building safety legislation?
Building Safety Act 2022
What is the purpose of Building Safety Act 2022?
The legislation is intended to enhance regulations for building safety and ensure residents have stronger voices in ensuring building safety.
How does the Building Safety Act 2022 implement The Hackitt Review?
Recommendations for high-rise residential buildings to provide a new system to oversee the whole built environment, with local enforcement agencies and national regulators to strengthen:
- Accountability and duties for those responsible for the safety of high rise buildings during construction and occupation
- Residents ability to contribute to maintaining safety
- Enforcement to deter non-compliance
- A national framework to ensure the suitability of construction products
- The requirement for new build developers to belong to a New Homes Ombudsman Scheme
The BSA 2022 requires a new Building Safety Regulator who is required to act for:
- Securing the safety of people in or about buildings in relation to risks arising from buildings
- Improving the standards of buildings
What else is stated in the BSA 2022 act?
- The use of combustible cladding on residential buildings over 18 meters tall has been banned since September 2018
- Developers will be obliged to fund unsafe cladding removal and leaseholders will be able to monitor building owners progress on remediation via an online portals.
- Reform of External Wall Fire Review process and the use of EWS1 forms for buildings with cladding is designed to help leaseholders
- Development of high rise buildings will incorporate three gateways which are points in the time when fire statements and confirmation of building regulations compliance will have to be declared (planning application/pre construction/pre occupation stages)
Under BSA 2022 what is defined as higher risk?
Buildings 18m or higher or of seven or more storeys which include 2 or more residential units
Basements and certain plant space are excluded from height calculations
Certain categories of building including care homes and hospitals will be included in the definition
Under BSA 2022 what affect will this has on tenants with leases?
If the lease is for 7 years or longer where the tenant has to pay a service charge this will have an implied term relating to the payment of a new building safety charge
International Fire Safety Standards (IFSS)
Supported by the RICS
Provide global consistent, high level principles for fire safety in the design, construction and management of buildings
What are the effects of BSA 2022 on S.38 of the Building Act 1984?
Previously unenacted this will be brought into force to enable civil claims for breaches of the building regulations which cause physical damage
The limitation period will be extended from six years to 15 years
This will expose contractors, clients and consultants to liability
Act relating to Occupiers Liability?
Occupiers Liability Act 1957
What does Occupiers Liability Act 1957 outline?
This act regulates liability of occupiers and others for injuries caused to lawful visitors, as well as for damages caused to any goods, as a result of danger due to the state of the property or (due) to things done or omitted to be done there
A common duty of care is imposed to lawful visitors - it is not only occupiers who may be liable to lawful visitors but also those who have control over premises such as landlords
Those who are in occupation or control of the premises is to to take such care that is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are permitted to be there
Trespassers are covered by the Occupiers Liability Act 1984
Smoking regulations?
Smoke-free (Premises & Enforcement) Regulations 2007
What do Smoke-free (Premises & Enforcement) Regulations 2007 outline?
- Illegal to smoke in all enclosed and substantially enclosed public places
- No smoking signs must be displayed
- Local authorities enforce the law
- Penalties range from fixed penalty notice £50 to max fine of £2,500
Act applies to Defective Premises?
Defective Premises Act 1972
What is covered in Defective Premises Act 1972?
Imposes an obligation on the landlord to ensure that the premises comply with its requirements
Section 4 states that the LL owes to all persons who might reasonably be expected to be affected by defects in the premises to provide a duty of care as is reasonable in the circumstances
LL are not required to make a building safe and to keep it in a safe condition
Where personal injuries result from a failure to repair there may be a remedy under the Act
Under the BSA 2022 - Section 1 of DPA: liability will be extended to 15 years
What is asbestos?
Asbestos is an insulating material which can cause serious health problem and fatal diseases
What affects can asbestos have?
Left undamaged and undisturbed, it poses no risk to health
If disturbed or damaged it can release very small toxic fibers 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
What are the different types of asbestos?
Brown (Amosite)
Blue (Crocidolite)
White (Chrysolite)
When was asbestos banned?
White asbestos has been an illegal material in the UK since 1999
The other forms were banned in 1985
Key information regarding asbestos?
There is a statutory duty to manage existing asbestos in commercial buildings
There are 2 separate obligations to the duty holder and an employer
Purpose of a survey is to make a material assessment
Non licenced work with asbestos needs to be notified in HSE
Brief written record should be kept for notifiable non licence work (NNLW)
What is the key legislation regarding asbestos?
The Control of Asbestos Regulations 2021
Non compliance is a criminal offence
Who is the duty holder with regards to asbestos?
Duty holder is the owner is the premises is vacant and tenant is holding a repairing lease
What are the two types of asbestos survey?
Management Survey
- To locate, assess and advise on its management during occupation and use of premises
- No sampling of materials or analysis is undertaken
Refurbishment/demolition survey
- Required where the premises or part of it need upgrading, refurbishment or demolition
- Samples of materials suspected of containing asbestos are taken and analysed
- Recommendations are made regarding their management
Key information regarding asbestos surveys?
The duty holder must undertake risk assessment - express obligation to manage the risk and a written plan prepared and implementation and reviews recorded
All work undertaken must be done by a licensed contractor
Asbestos register must be produced and regularly. It should contain a priority score to triage remediation
Newly constructed buildings require an architects certificate to confirm there is no asbestos present
Five step process in asbestos?
- The duty holder must assess whether the premises contain asbestos and if so where it is and what condition it is in. If in doubt materials must be presumed to contain asbestos
- Assess the risk and produce an asbestos management plan - is encapsulating/removal needed?
- Produce an asbestos register
- Make the register available to all relevant parties who might disturb it
- Review the register regularly (HSE recommend 6 montly)
Who is HSE?
Health and Safety Executive
UK government agency responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare.
What is Defence in asbestos?
That the person took all reasonable precautions and exercised all due diligence
Penalties for Asbestos?
Under Health & Safety (Offences) Act 2008 enables fines to a maximum of £20,000 and the possibility of 12 months imprisonment for many offences.
It enables more serious offences to be tried in higher courts where there is no limits on the fines to be imposed
What is the RICS guidance on asbestos?
RICS Guidance Note “Asbestos: Legal Requirements and Best Practice for Property Professionals” 2021
What does RICS Guidance Note “Asbestos: Legal Requirements and Best Practice for Property Professionals” 2021 outline?
Contains a comprehensive overview of the law and industry guidance for asbestos
Set out best practice for property professionals to comply with the law and includes:
- Details of common asbestos containing materials
- How to commission an asbestos survey
- Suggested contents of an asbestos management plan
What is CDM?
Construction (Design and Management) (CDM) Regulations, 2015
What is covered under Construction (Design and Management) (CDM) Regulations, 2015
It is a criminal offence policed by the HSE to breach CDM regulations
H&S during the design and management of all commercial building projects including residential development and refurbishment and maintenance work for both notifiable and non notifiable work
Aim is to improve the management and co-ordination of H&S at all stages of a construction project
HSE is to be notified (F10) if a project lasts longer than 30 construction days with 20 or more workers working simultaneously on site, more than 500 ‘person’ days of construction work or involves demolition
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
What are the key parts under CDM?
The legislation aims to provide easier to understand regulations
The main duty holders are three: The Client, Principal Designer, Principal Contractor
CD Co-ordinator is replaced by Principal Designer
All project with more than one contractor working on site must have a Principal Designer and Principal Contractor and a H&S File
Onus on the client and not the contractor to ensure CDM arrangements
A Construction Phase Plan - required for all projects with safety considered at the design stage of a project by the Principal Contractor
Need for risk assessment and a Principal Designer
Penalties under CDM?
Policed by HSE who can prosecute and issue fines
HSE can issue Improvement and Prohibition Notices when regulations are breached
What are the statutory obligations of a commercial property owner?
- Asbestos management
- Contamination
- Equality Act compliance
- EPC
- Fire Safety
- H&S
- Legionnaires Diseases
- Occupiers liability
- PAT testing (for portable electrical equipment)
- Waste management
