Health & Safety Flashcards
What Health & Safety legislation are you aware of?
Health and Safety at Work 1974
How do you ensure you comply with the H&S at Work 1974 legilation?
- Report injuries and dangerous occurances
- Undertake, record, and regularly review risk assessments
- Keep detailed H&S information on site
What are the penalties under the current H&S legislation?
Policed by the Health & Safety Executive (HSE) as a criminal offence -> fines and imprisonment
- £20,000 maximum fine -> magistrates court
- unlimited fine - Crown Court
- Compensation order
- Community order
- Remedial order
- Publicity order (manslaughter only)
Is it a criminal offence to breach the H&S at Work Act 1974?
Yes, policed by Health & Safety Executive (HSE)
What are your H&S duties as an individual surveyor?
- Ensure the health and safety of myself and others around me
- Carry out risk assessments prior to attending site / review risk assessment
- Ensure H&S compliance of properties the Landlord is responsible for
- Identify and contol hazards and risks
What guidance does the RICS produce about H&S?
RICS Surveying Safely - Health and Safety Principles for Property Professionals, 2nd Edition, 2018 (Guidance Note)
Tell me something you understand from reading Surveying Safely?
Sets out good practice principles for the management of H&S
- A requirement for personal and corporate responaibilities for property professionals
- Updated advice on Fire Safety
- Advice on health, well-being and mental health
When was Suveying Safely last updated?
2nd Edition 2018
Effective 2019 (february)
What are the key changes in Surveying Safely?
Introduced ‘safe person’ concept
Greater emphasis on ensuring the competance of individuals, including their responsibility to ensure the use of safe work equipment and safe systems of work
Updated info on what RICS Firms must provide
What is the safe person concept
Each individual assumes individual behavioural responsibility for their own, their colleagues and other health and safety while at work
What must regulated firms provide?
- Safe working environment
- Safe working equipment
- Safe systems of work
- Competant staff
What happened in the case of Suzy Lamplugh
Estate agent who never returned home from a viewing (1986)
Why is the case of Suzy Lamplugh important for surveyors ?
Ensure they understand lone working policy and precautions to take when attending site alone
What is Personal Protective Equipment (PPE) ?
Protective clothing, helmets, goggles, or other garments or equipment designed to protect the wearers body from injury or infection
What is a risk assessment?
A systemtic process of evaluating the potential risks that may be involved in a projected activity or undertaking
How would you undertake a risk assessment bfore attending site?
- Identify the hazard present
- Identify the people at risk from the hazards
- Evaluate risk, considering the likelihood and severity of any accidents (existing controls in place hould be identified and evaluated)
- Record findings on a suitable form
- Review the risk assessment regularly
What is a risk?
The likelihood of an event or failure occurring and its consequences or impact
What is a hazard?
Any source of potential damage, harm, or adverse health effects on something or someone
What is asbestos?
ASbestos is a hazardous material popular in the 60s due to its insulation and fire resistant properties
WHat legislation are you aware of in relation to asbestos?
Control of Asbestos Regulation 2012
What do you understand by the Control of Asbestos Regulations 2012?
Minimum standards for protecting employees from risks associated with exposure to asbestos
Applies to non-domestic premises and places an obligation on both the employer and ‘duty holder’
Who is the duty holder?
Owner of non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of the premises
Employers, building owners, Landlords, Agents
-> depends on building type (if FRI, Tenant, if vacant, Landlord)
How does Asbestos cause lung damage?
Safe if undisturbed, but when moved, it releases tiny harmful particles which when inhaled, stick to the lungs
What are the twp types of Asbestos survey?
Asbestos management survey
Refurbishment / Demolition survey
When was asbestos banned?
November 1999 it was made illegal to buy, sell, import or export any materials containing asbestos
What is an Asbestos survey / Asbestos management survey?
Survey to locate and assess asbestos and advise on its management during normal occupation and use of premises
-> no sampling of materials or analysis is undertaken
What is an Asbestos 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
WHat are the 5 steps to take regarding Asbestos?
- Duty holder must assess whether the premises contain asbestos, and, if so, where it is and what condition it is in
- Assess the risk and produce a plan to manage the asbestos
- Produce an asbestos register
- Make register available to all relevant parties who might disturb it
- Review the register regularly (HSE recommend 6 monthly)
WHat are the 5 steps to take regarding Asbestos?
- Duty holder must assess whether the premises contain asbestos, and, if so, where it is and what condition it is in
- Assess the risk and produce a plan to manage the asbestos
- Produce an asbestos register
- Make register available to all relevant parties who might disturb it
- Review the register regularly (HSE recommend 6 monthly)
What types of asbestos are there?
Brown - banned in 1985
Blue - banned in 1985
White - banned in 1999
What is occupational health?
Maintaining the well-being of employees, preventing and removing ill-health
Developing solutions to keep staff with health issues at work
Why is occupational health important?
Seeks to maintain health of employees ensuring a positive relationship between an employees work and their health
-> increase in productivity for firm and happiness for employee
What are the Construction (Design & Management) Regulations 2015?
guides H&S during construction process of commercial properties
-> improves overall H&S process by defining different duty holders with varying levels of responsibility
CDM file must be maintained -> criminal offence to breach
When were the CDM regulations last updated?
6 April 2015
What changes were made in the latest CDM updates?
- Simplification to make regulations easier to understand
- Replacement of Approved Code of Practice (ACOP) with more targeted guidance
- Introduced principal designer role
What is a notifiable project?
If the construction project lasts more than 30 days and has more than 20 workers working at the same time or exceeds 500 person days
Tell me about your understanding of Fire Safety?
- FRA carried out yearly
- Fire policy & procedures in place, including staff training
- Fire precautions in place following a risk assessment -> inc fire detection, warning systems, fire doors, emergency lighting
- Responsible person
What is the key fire safety legislation?
Fire Safety (England) Regulations 2022
Regulatory Reform (Fire Safety) Order 2005
Tell me about your understanding of the Equality Act 2010?
Consolodates existing discrimination law and provides a broader protection against a wider range of discrimination and inequality
-> unlawful for those managing buildings to discriminate against or victimise an occupier
-> requires reasonable adjustments to help disbaled people
Explain what RIDDOR is
Reporting of Injuries, Diseases and Dangerous Occurences Regulations
Puts duties on employers, the self-employed and people in control of work premises (responsible person) to report certain serious work place accidents, occupational diseases and specified dangerous occurrences
What is a CSCS card?
Construction Skills Certification Scheme
-> card which reflects different occupations and qualifications within construction
What is COSHH?
The Control of Substances Hazardous to Health Regulations 2002
Explain a COSHH regulation
Not use prohibited substances unless required for certain purposes
Exaplin how you ensure personal safety on site?
- Carry out risk assessments prior to visit
- Bring phone and notify colleagues of where i am going
- Check need for PPE
Tell me about how you ensure good H&S practices whilst on site?
- Ensure i am aware of any risks and hazards
- Plan my visit beforehand
- Wear PPE as and when necessary
- Let colleagues know i’m on site
Tell me about when you have used PPE on an inspection
Inspected a vacant building during a refurb and wore a helmet
What would you do if you suspected asbestos existed on a site inspection?
Check asbestos register for building and asbestos management survey -> alert duty holder
What does the survey say?
Tell me about any specific precautions you would take when inspecting a dilapidated property
- Ensure PPE is sufficient
- Understand who to call in event of an injury/accident
- What is the extent of the condition, is it safe to visit?
- What areas are unsafe?
- Any site rules to follow?
What hazardous materials have you come across in your work?
Pigeons nesting in rooftop plant room -> feathers, bird excrement
Asbestos
Explain your use of Meridian or QUOODA to manage H&S compliance
- My email is linked to receive alerts in the run up to documents becoming uncompliant
- Allows me to see compliance of all H&S documents and resulting actions
What issues have you identified that you need to overcome?
Contractor RAMS not site specific and did not accurately address risks
-> requested amended RAMS to allow access
Tell me about the precautions and procedures which you undertake to have regard to current H&S legislation
Prior to carrying out an inspection, i will carry out the relevant risk assessments and check for the need for PPE
In the office, i adhere to all H&S issues in accordance with the H&S at Work Act 1974, including fire evacuation procedures, how to lift heavy items, and a desk assessment at my work station
What is the employers duty?
Duty to every employer to ensure, so far as reasonably practicable, the health, safety, and wellbeing of all employees
Why is H&S so important?
Ensures the wellbeing of yourself and others around you
What is a risk assessment?
- identifies hazards and people at risk
- Evaluates risk, taking into account likelihood and severity
- Existing controls should be identified and evaluated
- Records findings
- Review risks regularly
- Legal requirement for organisations who employ more than 5 staff
What would you consider in terms of safety when going on site?
- what are you going to site for and what kind of site?
- Risk assessment? PPE?
- Asbestos register? Any other contamination or hazardous substances?
Does your firm have specific policy in terms of H&S when going to site?
Must carry out a H&S assessment before going on any inspections
You inspect a vacant warehouse in the late afternoon. What would you do before leaving the office and what safety measures would you carry out?
In accordance with RICS Surveying Safely 2018, i would:
- carry out a risk assessment prior to leaving the office
- update my diary
- notify my colleagues and take phone with me
- Tell me colleagues if i will be returning to the office and when
Have you heard about the case of Suzy Lamplugh?
Yes, she was an estate agent who never came back from a viewing -> body still not found
How do you do your job safely?
Carry our regular risk assessments and act in accordance with Surveying Safely guidance note
Do you have regard to any RICS publications when doing your job safely?
Surveying Safely, 2018 - guidance note
What do you have regard to when carrying out inspections?
My personal safety and teh safety of my Client (if showing someone around)
-> in accordance with Surveying Safely 2018
What is Asbestos and whos responsibility is it to maintain?
Asbestos is a hazardous material, often found in walls and roof, popular in the 60s as good insulator and fire resistant
only dangerous when moved
FRI-> tenant responsible , Vacant -> Landlord
Control of Asbestos Regualtions 2012
isability discrimination and the Equality Act 2010. What precautions must be in place to rpevent disability discriminations?
- Landlord must make fair and reasonable efforts to comply with the Act -> if cost effective and not unreasonably disruptive, he should make efforts to make the building compliant
- Lifts must be wide enough for wheel chair users
- Ramps
- Reasonable with regard to cost, extent, and disruption
Provide examples of H&S procedures undertaken in your office?
Fire exits
Fire drills
H&S training days
What are the Consruction (Design & Management) Regulations 2015? (CDM)
Guide H&S during the design and management of all commercial building projects
-> aims to improve H&S process by defining different duty holders with varying levels of responsibility
-> Principal designer is repsonsible
-> CDM file must be maintained (criminal offence to breach)
What actions would you undertake when inspecting a vacant industrial building, in order to comply with current H&S legislation?
Carry out risk assessment
Tell someone where i am going and update diary
Bring my phone
During an inspection of an office building for marketing purposes, you suspect the presence of Asbestos. Also, there appears to be no written statement regarding fire. What should you do?
Check asbestos register for building -> duty holder can provide. Inform responsible person.
Suggest that landlord commissions a written fire safety procedure in line with Fire Risk Management Regulatory Reform (Fire Safety) Order 2005.
Instruct FRA, emergency evacuation procedure and Asbestos Manaement Survey
Legal responsibility -> any purchaser will require
What is the major legislation on H&S?
Health and Safety at Work Act 1974
Control of Asbestos Regulations 2012
Construction (Design and Management) Regulations 2007
Regulatory Reform (Fire Safety) Order 2005
The FIre Safety (England) Regulations 2022
Provide examples of H&S procedures undertaken in your office
- displays H&S poster
- Entrance is DDA compliant (ramps)
- Building kept clean and secure
- Training undertaken
- Fire Aid room available
- Fire drills
What are the responsibilities of a Landlord or Property manager in terms of H&S
- Depends on the lease and who controls what areas
- Employers have a responsibility to provide a safe environment to work
- Landlord/PM -> responsibility of common parts
- If works are being undertaken, be aware of CDM and Asbestos
- Defective Premises Act 1972 -> Landlord duty of care to ensure premises comply with the Act
What is the legislation on Asbestos?
Control of Asbestos Regulations 2012
Applies to non-domestic premises and places an obligation on both the employer and duty holder
Register, manage, make available, review
What are the penalties with regards to asbestos?
Onerous training requirement on employers for employees who might be exposed
- Fine in the magistrate court or unlimited fine in Crown/County Court
- R v Brintons 1999 -> £100k fine to employer who did not protect employees against asbestos
What legislation is there on fire safety?
Regulatory Reform (Fire Safety) Order 2005
->replaces certificates with FRAs
-> responsible person
-> RA, policy, procedure to follow, training
The Fire Safety (England) Regulations 2022
What is the Equality Act 2010?
Consolidated acts -> disability discrimination, equal pay, sex discrimination, race relations
Employers and service providers are under duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people -> may be limited to building type (e.g listed building)
- reasonableness: effectiveness, cost, practicality, disruption
Why does a surveyor have to have regard for CDM regulations?
Construction (Design & Management) Regulations 2007
- it is the Client that has responsibility for CDM, not the contractor
- Ensure H&S is an instrinsic part of designing a construction project
- CDM triggered is scheme is over 30 days or 500 man hours
What is CSCS?
Construction Skills Certification Scheme
(Similar to IOSH)
What is IOSH?
Institution of Occupational Safety and Health
Global organisation for health and safety professionals
