Health & Safety Flashcards

1
Q

What is the purpose of RICS Surveying Safely Guidance Note 2018?

A
  • Effective from Feb 2019
  • Sets out basic, good practice principles for management of health and safety for RICS regulated firms and RICS members.
  • For those engaged in built environment as property professionals.
  • Includes health and safety responsibilities at corporate level and level of individual RICS member.
  • It sets out the ‘Safe Person Concept’ – RICS considers concept of ‘safe person’ to mean that each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.
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2
Q

How is Survey Safely structured? (POWAFS);

A

1) Personal responsibilities for RICS members and firms
2) Assessing hazards and risk
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 management of contractors

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3
Q

What is the key advice set out in Surveying Safely?

A
  • RICS regulated firms must ensure they provide:
    o Safe working environment
    o Safe work equipment
    o Safe work systems
    o Competent staff
  • Concept of ‘safe person’.
  • Seeks to ensure individuals accept responsibility for own actions and have tools they need to do job safely.
  • Employer’s liability insurance and public liability insurance.
  • Legal considerations and duties for employers and employees
    o Health and Safety at Work Act 1974
    o Equality Act 2010
    o Control of Asbestos Regulations 2012
  • Advice on health, well-being and mental health
  • Updated advice on fire safety
  • Audit template provided to assist members
  • Assessing hazards and risks
  • Occupation health (to include stress and bullying)
  • Visiting premises and sites (lone working and PPE)
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4
Q

What does Surveying Safely recommend when visiting a site?

A
  • Tell someone where you are going and when and when you expect to be back
  • Tell someone when you leave the building / site
  • Wear appropriate protective clothing such as a high visibility jacket, steel toe capped boots, hard hat, goggles, gloves, ear defenders
  • Sign in or out of a building construction site and make sure you receive an induction. Do not just enter.
  • Consider whether safe to inspect alone and observe special lone working arrangements
  • Check dated tag if going on scaffolding
  • Wear non-slip protective shoes
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5
Q

Can you name a significant health & safety incident and RICS advice following it?

A
  • The Grenfell Tower fire June 2017
  • RICS working with other bodies to provide advice and support for Government and professionals following tragedy.
  • Has advised members of the importance of owners, landlords and managers having robust fire assessments for their properties and issued advice to surveyors from July 2017 onwards
  • RICS issued guidance on existing high-rise buildings’ fire safety in Oct 2017 and there is other info regularly being updated on RICS website regarding such issues as ban on high rise combustible cladding.
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6
Q

What is the relevant Health & Safety legislation?

A
  • Health and Safety at Work Act 1974.
  • ‘Duty of every employer to ensure, so far as reasonably practical, the health, safety and welfare at work of all employees’.
  • Policed by Health and Safety Executive (HSE) as a criminal offence – with fines and / or imprisonment.
  • Must report injuries and dangerous occurrences.
  • A hazard refers to anything which has potential to cause harm (such as wet floor).
  • The probability / likelihood that someone will be harmed is called a risk (such as the risk of falling over on the wet floor).
  • Detailed H&S info to be held on site, usually in operations or maintenance manual.
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7
Q

Health and Safety at Work Act Summary?

A
  • Duty to every employer to, within reason, ensure safety of employees.
  • Must report injuries and near misses
  • H&S info held on site
  • Undertake regular reviews and risk assessments
  • Hazard – anything that can cause harm
  • Risk – probability of someone being harmed
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8
Q

What is a risk assessment?

A
  • It is a legal requirement for organisations employing more than 5 staff to carry out documented H&S risk assessments of all their significant hazards. A risk assessment is therefore a mandatory assessment of all the potential risks and hazards within the work premises.
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9
Q

What are the steps of a risk assessment?

A

There are 5 steps recommended by the HSE:
1) Identify the hazards present.
2) Identify all those with potential of being harmed / at risk from the hazard
3) Evaluate the risk, considering likelihood and severity of any accidents. Existing controls in place should be identified and evaluated.
4) Record findings on suitable form.
5) Review the risk assessment regularly.

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10
Q

What is a method statement?

A
  • Document that details way in which a work task or process is to be completed to be prior approved.
  • Should outline hazards involved and include step by step guide on how to do job safely.
  • Must also detail which control measures have been introduced to ensure safety of anyone who is affected by task or process.
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11
Q

What do we mean by public liability insurance?

A
  • Covers cost of claims made by members of the public for incidents that occur in connection with your business activities.
  • Copy of contractor’s all risks and public liability insurance also needed before work is commenced.
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12
Q

How should a Health & Safety policy document be prepared? (CORI)

A
  • Required for all employers who employee 5 or more employees
  • Written document which must contain the following 4 points:
    o Policy setting out firms’ commitment to Health and Safety
    o Details of organisation’s H&S structure, with roles and responsibilities for organising H&S
    o Risk assessment setting out risks within workplace and preventative measures in place
    o Details of planning, implementation of the H&S policy and control measures.
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13
Q

What is the ‘six-pack’ of H&S regulations?

A
  • Group of 6 regulations introduced in 1993, popularly known as the ‘six-pack’.
  • Cover various key aspects of H&S compliance.
  • These regulations implement various European directives on H&S and clarify how employers must comply with their duties under the Health and Safety at Work Act 1974.
  • The regulations are:
    o Management of Health & Safety at work
    o Display screen equipment
    o Manual Handling Operations
    o Personal Protective Equipment at work
    o Provision and use of work equipment
    o Workplace health, safety and welfare
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14
Q

What is the legislation in relation to fire risk in Scotland?

A

There are two pieces of fire safety legislation Scotland must follow.

Fire (Scotland) Act 2005
* The Act specifies who has responsibility for fire safety in non-domestic premises in Scotland. Details of requirements with regard to Fire Risk Assessments and fire safety measures are set out in the regulations.
* The Act introduces a new fire safety regime based on risk assessment, and places a duty on employers, employees, managers, owners and others in relation to fire safety.
* In general, the Act seeks to ensure the safety of persons in premises from harm caused by fire, by setting out fire safety responsibilities. These are identified in terms of seven general requirements:

  1. Conducting a fire safety risk assessment of the premises;
  2. Putting in place fire safety measures identified as necessary after a risk assessment has been carried out;
  3. Implementing these fire safety measures through reducing risks;
  4. Establishing arrangements for the continuing control and review of the fire safety measures;
  5. Complying with the fire safety regulations;
  6. Keeping the fire safety risk assessment and the result of that assessment under review; and
  7. Maintaining records

Fire Safety (Scotland) Regulations 2006
Additional regulations in association with the Fire (Scotland) Act 2005. Employer responsibilities include:
* To plan, organise, monitor, control and review fire safety measures and to record the arrangements in writing if the employer has 5 or more employees,
* To provide appropriate means of fighting fire,
* To provide adequate means of escape and to hold drills
* To maintain facilities and equipment in good repair
* To provide employees with relevant information and training

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15
Q

What is the requirement in relation to reporting injuries?

A
  • Relevant legislation is Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995 (RIDDOR).
  • Trigger date for reporting injuries is over 7 days incapacitation.
  • Such an injury must be reported to HSE within 15 days from date of accident.
  • All employers must also keep a record of all 3-day plus injuries.
  • This info can be kept in accident book which must be kept for min. 3 years after occupational accident or injury.
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16
Q

What if a breach of a duty of care by a corporate body leads to death?

A
  • Would depend on the circumstances and I would need more facts on the incident, however it could be punishable under the Corporate Manslaughter and Corporate Homicide Act 2007.
  • Penalties range from an unlimited fine, imprisonment and disqualification as corporate director by member of ‘senior management team’.
17
Q

What liability do occupiers owe to visitors of their premises?

A
  • Occupier’s Liability Act (Scotland) 1960
  • Act regulates liability of occupiers and others for injuries caused to lawful visitors, as well as a damage caused to any goods, as a result of ‘dangers due to the state of the property or (due) to things done or omitted to be done there’.
  • Common duty of care is imposed to lawful visitors
  • Not only occupiers who may be liable to lawful visitors, but also those who have control over premises, such as landlords
  • Duty of those who are in occupation or control of premises is to ‘take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’
  • This is why companies need to ensure they have appropriate Public Liability Insurance cover.
18
Q

What is Asbestos?

A
  • Asbestos is an insulating material which can cause serious health problems and fatal diseases.
  • Left undamaged or undisturbed, it poses no risk to health
  • However once disturbed or damaged can release very small toxic fibres which can lodge on the lungs and cause illnesses
  • HSE estimates that over 4 million UK properties contain asbestos and cause 5,000 deaths annually
  • 3 most common types of asbestos are:
    o White (Chrysotile)
    o Brown (Amosite)
    o Blue (Crocidolite)
  • White asbestos has been illegal in UK since 1999, the other forms were banned in 1985.
  • Was used frequently in construction projects throughout 1960s and 1970s.
19
Q

What is the key legislation in relation to asbestos?

A
  • Control of Asbestos Regulations 2012.
  • Statutory duty to manage existing asbestos in commercial buildings.
  • Non-compliance is criminal offence.
  • 2 separate obligations – ‘duty holder’ and an ‘employer’.
  • Duty holder is owner of premises if vacant or tenant if holding a repairing lease.
  • Purpose of survey is to make a ‘materials assessment’.
  • Non-licensed work with asbestos needs to be notified to HSE.
  • Brief written records should be kept for notifiable non-licensed work.
20
Q

Any new guidance on asbestos management?

A
  • A new RICS Guidance Note, ‘Asbestos: Legal Requirements and Best Practice for Property Professionals, 4th Edition (2021) contains a comprehensive overview of the law and industry guidance for asbestos. It sets out best practice for property professionals to comply with the law and includes:
    1. Details of common asbestos-containing materials.
    2. How to commission an asbestos survey.
    3. Suggested contents of an asbestos management plan.
21
Q

What are the approaches in managing asbestos?

A
  • Two types of asbestos survey:
    o Management survey – to locate and assess it and advise on its management during normal occupation and use of premises. No sampling or analysis of material taken.
    o Refurbishment / demolition survey – required where premises or part of it need upgrading, refurbished or demolished. Samples of materials suspected of containing asbestos are taken and analysed.
    o Recommendations made regarding their management.
  • Duty holder must undertake risk assessment – express obligation to manage risk and written plan prepared and implementation & reviews recorded
  • All work undertaken must be done by licensed contractor
  • Asbestos register must be produced and regularly updated
  • Newly constructed building requires architect’s certificate to confirm that there is no asbestos in the building
22
Q

What are the steps to take in identify / dealing with asbestos?

A

Five steps:
1) Duty holder must assess whether premises contains asbestos, and if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos.
2) Assess the risk and produce a plan to manage the asbestos – do any areas need encapsulation or removed?
3) Produce asbestos register
4) Make register available to all relevant parties who might disturb it
5) Review register regularly (HSE recommend 6 monthly)

23
Q

What is the defence for a claim arising in relation to asbestos?

A
  • That a person took all reasonable precautions and exercised all due diligence.
24
Q

What are the penalties for not managing asbestos properly?

A
  • Health and Safety Offences Act 2008
  • Significantly changed penalty for breach of the 2006 regulations by raising max. fines to £20,000 and introducing possibility of 12 month imprisonment for many offences
  • Enables more serious offences to be tried in higher courts where no limit on fines to be imposed
25
Q
  1. What is the Disability Discrimination and Equality Act 2010?
A
  • Equality Act 2010 came into force in Oct 2010 to consolidate existing discrimination law and provide broader protection to wider range of discrimination and inequality to include use of property.
  • Obligations of service providers extended to all controllers of let premises.
  • Unlawful for those managing buildings to discriminate against or victimise occupier.
  • All instructions must be undertaken in a way which does not discriminate
  • Must make ‘reasonable adjustments’ to aid disabled people if placed at substantial disadvantage if work not done.
  • Service providers have duty to make alterations or make alternative provision of service.
  • Must be reasonable – reference to cost, extent and disruption.
  • When faced with an obstacle to access for disabled persons, Act gives service provider following options:
    o Remove feature
    o Alter it
    o Provide reasonable means of avoiding obstacle
    o Provide reasonable alternative access
  • Test is one of reasonableness and not an absolute obligation
  • Tests for reasonable will include considering effectiveness, practicality, and financial cost
26
Q
  1. What are the regulations relating to smoking in buildings?
A
  • Smoking, Health and Social Care (Scotland) Act 2005
  • Illegal to smoke in all enclosed and substantially enclosed places
  • ‘No smoking signs’ must be displayed
  • Local authorities enforce law
  • Penalties = Fines
27
Q
  1. What are the Construction (Design & Management) CDM regulations 2015?
A
  • Criminal offence policed by HSE
  • Health & safety during design and management of all commercial building projects.
  • Aim is to improve overall management and co-ordination of H&S at all stages of construction project.
  • HSE to be notified in F10 form if project lasts longer than 30 construction days with 20+ workers working simultaneously.
  • CDM file must be maintained during construction and passed onto occupier / owner of building, containing all aspects of H&S info relating to building.
  • HSE can issue improvement and prohibition notices if regs breached.
28
Q
  1. What are the key statutory obligations of a commercial property owner?
A
  • Asbestos management Asbestos management
  • Contamination
  • Disability discrimination and equality
  • Energy performance certificates (EPCs)
  • Fire safety
  • Health and safety
  • Legionnaires disease
  • Occupiers liability
  • PAT testing (for portable electrical equipment)
  • Waste management
29
Q
  1. What is the Building Safety Bill 2021?
A
  • Legislation intended to enhance regulations for building safety and ensure residents have a stronger voice in ensuring safety in buildings. While the Building Safety Bill is a UK-wide piece of legislation, the majority of the significant changes apply only to England.
  • However, the Bill cannot be discounted in Scotland as a limited range of changes will apply there too e.g. the power to make regulations for the marketing and supply of construction products; increased competency requirements for architects; and amendments to the Health & Safety at Work Act 1974.
  • The Scottish Government has taken a more targeted approach to addressing the issues, reviewing existing legislation and regulations and, where required, these have been updated and gaps are being filled. Examples include:
    1. Building standard (fire safety) – external wall systems: consultation 2021: This consultation seeks views on a ban of the highest risk cladding materials on new buildings and to give further consideration to façade system testing. Any changes will be introduced through amendments to building regulations and supporting guidance in the technical handbooks.
    2. Cladding Assessment Programme: Single Building Assessments are expected to largely supersede the use of the EWS1 forms in Scotland but it is not clear how this will be viewed by lenders.
30
Q
  1. What health and safety precautions do you take when on survey/inspection?
A
  • Familiarise myself with property/area prior to leaving
  • Arrange access
  • Take mobile phone and PPE if required
  • Notify colleagues of whereabouts and estimated time of return
  • Have a safety word if encounter trouble – what is this?
31
Q
  1. What is your firms’ H&S policy?
A
  • More than 5 people, therefore need to prepare written H&S policy document.
  • This is required for companies with more than 5 people.
  • Written policy, showing commitment to H&S and H&S structure

I am aware of what to do for:

  • Fire procedures
  • Sign in/out
  • 2 people qualified in first aid
  • RAMS – on inspection and in the office
  • Injury reporting/Recording if 7 days incapacitated (HSE within 15 days)
  • Manual Handling/Display Screen/PPE/Use of equipment/Workplace/H&S Management
  • Jason Taylor in charge of the H&S documentation in the Glasgow office.
32
Q
  1. What are your obligations under the health and safety at work act?
A
  • Follow H&S policy
  • Do not endanger others
  • Report incidences
33
Q
  1. How would you carry out a risk assessment?
A
  • Before all inspections
    1. Identify Hazards
    2. Identify people who are at risk
    3. Evaluate the level of risk
    4. Record findings
    5. Prepare a method statement/Review