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MRICS > Health & Safety > Flashcards

Health & Safety Flashcards

1
Q

Outline the main H&S legislation in the UK

A
  1. Health and Safety at Work Act 1974 - Employers must ensure safety of employees and others.
  2. Management of Health and Safety at Work Regulations 1999 - Risk assessments and controls must be implemented.
  3. Work at Height Regulations 2005 - Falls from height must be prevented, and appropriate equipment and training must be provided.
  4. Regulatory Reform (Fire Safety) Order 2005
  5. Building Safety Act 2022 - Around costs and additional responsibilities with high rises
  6. The Fire Safety (England) Regulations 2022 - specific onsite actions including enhanced fire door checks
  7. Control of Asbestos Regulations 2012
  8. Lifting Operations & Lifting Equipment Regs 1998 (LOLER)
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2
Q

How do you ensure that you comply with relevant H&S legislation?

A
  1. Within the office and our own conduct:

We have carried a risk assessment of main risks for site inspections and work in the office

We have built guidance into staff handbook and management in general.

  1. For our clients:

So varied and detailed. We:

  1. Have a H&S policy with key rules laid out
  2. Have professional risk assessments carried out at least yearly
  3. Work with highly technical consultants including:
  • Building surveyors
  • Fire Engineers
  • General H&S consultants
  • The fire brigade
  • Specialist site staff training companies
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3
Q

What are the penalties for H&S non compliance?

A
  1. Building Safety Act:

Unlimited fine - imprisonment for up to 2 years

  1. Health & Safety at Work Act 1974:

Unlimited fines for conviction on indictment (higher courts) or up to £20,000 in a magistrates’ court.

Imprisonment for a maximum of two years in cases where the breach is serious enough to warrant it.

Enforcement notices, which require the breach to be remedied, and can lead to prosecution or other legal action if not complied with.

Prohibition notices, which can stop an activity altogether or restrict how it is carried out, and can lead to prosecution or other legal action if not complied with.

Remedial orders, which require an employer to take specific action to prevent future

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4
Q

What guidance does the RICS produce about H&S?

A
  1. Surveying safely - Nov 2018
  2. Health & Safety for Residential Property Managers - Jan 2016
  3. RICS Service Charge Residential Mamangemeny Code - 2016 contains high level summary
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5
Q

Tell me something you understand from reading Surveying Safely.

A

RICS asks members to give strong consideration to lone working in it’s various forms including:

Site visit safety
Homeworking

Has led to us carrying out a risk assessment

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6
Q

When was Surveying Safely last updated?

A

November 2018

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7
Q

What is the safe person concept?

A

Principle that focuses on identifying individuals who are

  1. competent,
  2. adequately trained
  3. responsible

for ensuring safe work practices

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8
Q

What must rics regulated firms provide? (in context of h&s)

A

RICS-regulated firms must provide a safe and healthy working environment for their employees, contractors, and clients.

This includes ensuring compliance with relevant health and safety legislation and guidelines, providing appropriate training and equipment, and implementing policies and procedures for managing health and safety risks.

Additionally, RICS-regulated firms must appoint a competent person to oversee health and safety matters and ensure that all employees are aware of their responsibilities for health and safety.

They are also required to maintain records of health and safety incidents and near misses, conduct regular risk assessments, and review and update their health and safety policies as necessary.

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9
Q

What happened in the case of Suzy Lamplugh?

Why is this important for surveyors?

A
  • Suzy Lamplugh disappeared in 1986 while showing a client a property
  • Her disappearance led to the creation of the Suzy Lamplugh Trust to promote personal safety and raise awareness of violence and aggression
  • The case highlighted the need for increased safety measures for those working in the property industry, including surveyors
  • Surveyors must take precautions to protect themselves and their clients, such as meeting clients in a public place before a viewing and having a colleague present during a viewing

LONE WORKING POLICY!

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10
Q

What legislation are you aware of in relation to asbestos?

A

The most relevant legislation in relation to asbestos include:

  1. Control of Asbestos Regulations 2012
  2. Control of Asbestos at Work Regulations 2002
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11
Q

What do you understand by the Control of Asbestos Regulations 2012?

A

The Control of Asbestos Regulations 2012 is a UK law that outlines the measures required to manage and control the risks associated with asbestos in the workplace. It sets out the responsibilities of duty-holders, such as employers and building owners, to manage the risks associated with asbestos-containing materials (ACMs) in their premises. The key requirements of the regulations include:

  1. Identifying ACMs present in a building or structure
  2. Assessing the risk posed by the ACMs
  3. Preparing and implementing a plan for managing the risk
  4. Providing information, instruction and training to employees and contractors who may come into contact with asbestos
  5. Regularly reviewing and monitoring the plan to ensure it remains effective and up-to-date
  6. Preventing any work that is likely to disturb ACMs, unless it is carried out by a licensed contractor
  7. Providing appropriate personal protective equipment (PPE) to those who may be exposed to asbestos
  8. Carrying out air monitoring and providing medical examinations for those who may be at risk of exposure.

The Control of Asbestos Regulations 2012 also outlines the requirements for licensed work with asbestos, and sets out the responsibilities of asbestos removal contractors.

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12
Q

What are the Construction (Design & Management) Regulations 2015?

A

The Construction (Design & Management) Regulations 2015 (CDM 2015) are a set of regulations that set out the legal duties and responsibilities of all parties involved in construction projects, including clients, designers, contractors, and workers.

The aim of the regulations is to improve health and safety in the construction industry by ensuring that risks are managed effectively throughout the project lifecycle, from conception to completion.

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13
Q

What are the CDM Regulations?

A
  1. The Construction (Design & Management) Regulations 2015 (CDM 2015)
  2. Set of regulations that set out the legal duties and responsibilities of all parties involved in construction projects, including clients, designers, contractors, and workers.

3.The aim of the regulations is to improve health and safety in the construction industry by ensuring that risks are managed effectively throughout the project lifecycle, from conception to completion.

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14
Q

CDMs -
When were they last updated?
What changes were made?
What is a notifiable project?

A

The Construction (Design and Management) Regulations (CDM) were last updated in 2015.

The changes made to the regulations included:
- The replacement of the CDM Coordinator role with the Principal Designer and Principal Contractor roles
- The extension of the regulations to cover domestic projects
- The introduction of a new duty holder, the Client, who must make suitable arrangements for managing a project without transferring their legal duties

A notifiable project is a construction project that meets certain criteria, including:
- The construction work will last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or
- The construction work will exceed 500 person days.

Notifiable projects must be notified to the Health and Safety Executive (HSE) before the construction work starts.

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15
Q

Tell me about your understanding of fire safety?

A

Biggest, arguably most important element of a property managers work right now

Duty holder is the client most of the time

Managing agent role is critical

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16
Q

Summarise the Building Safety Act 2022

A
  1. Building Safety Act 2022: Improves safety/regulation in high-rise residential buildings.
  2. Higher-Risk Buildings Regulations 2023: Outlines key building information for Building Safety Regulator.
  3. Impact on PII: Extension of limitation period in Defective Premises Act 1972 affects availability/cost.
  4. Safety Case Reports: Summarize building’s safety case, hazards, and risk management.
  5. Accountable Person: New role, responsible for building safety risks prevention/reduction.
  6. Building Safety Regulator: Oversees building control professionals, regulates all new buildings/refurbishments.
  7. New Home Ombudsman Scheme: Independent redress for new build buyers, RICS professionals should be aware.
  8. Implementation Timelines: Register residential high-rises by 1st Oct 2023; building control professionals by 1st Apr 2024; Section 156 of Building Safety Act enforced 1st Oct 2023.
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17
Q

What legislation are you aware of in relation to asbestos?

A

Control of Asbestos Regulations 2012

consolidate previous asbestos regulation

Covers the identification / assessment / management of ACMs

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18
Q

Control of Asbestos Regulations 2012 - Who is the duty holder?

A

In our case client - man. co.

As agent we bear major risk - and effectively conduct ourselves as duty holder

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19
Q

When was Asbestos banned?

A

1999

20
Q

Explain the key principles of the new RICS guidance relating to asbestos.

A

Asbestos Legal Requirements and Best Practice, 4th Edition:

Published 1 May 2021

Need to:

  1. Comply with CAR 2012 and relevant laws.
  2. Identify duty holders and responsibilities.
  3. Create and maintain asbestos management plans.
  4. Perform risk assessments for ACMs.
  5. Provide training and awareness
  6. Keep records and share info
  7. Licensed contractors for remediation.
  8. Monitor and review
21
Q

What is the key fire safety legislation?

A
  1. Regulatory Reform (Fire Safety) Order 2005
  2. The Housing Act 2004
  3. Building Safety Act 2022
  4. Fire Safety Act 2021
  5. Fire Safety England Regulations (2022)
22
Q

Explain what RIDDOR is

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013)

RIDDOR is the law that requires employers, and other people in charge of work premises, to report and keep records of:

work-related accidents which cause deaths
work-related accidents which cause certain serious injuries (reportable injuries)
diagnosed cases of certain industrial diseases; and
certain ‘dangerous occurrences’ (incidents with the potential to cause harm)

23
Q

What is a CSCS card?

A

A CSCS card is a certification card that provides proof that an individual has the appropriate qualifications and training to work on a construction site in the UK.

24
Q

What is COSHH

A

‘Control of Substances Hazardous to Health’

COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by:

finding out what the health hazards are;
deciding how to prevent harm to health (risk assessment);
providing control measures to reduce harm to health;
making sure they are used ;
keeping all control measures in good working order;
providing information, instruction and training for employees and others;
providing monitoring and health surveillance in appropriate cases;
planning for emergencies.

25
Q

What changes have recently been made to COSHH?

A
  • Brexit transition period ended on Dec 31, 2020, which could result in changes to health and safety legislation surrounding hazardous substances.
  • The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended), Classification, Labelling and Packaging (CLP) Regulation, and Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation are the three main pieces of legislation related to hazardous substances.
  • COSHH Regulations are a British-made law and will be unaffected by Brexit, while CLP and REACH are EU regulations that are most likely to be affected.
  • Biocidal Products Regulation (BPR) will have a regulatory framework put in place in Great Britain after the transition period.
  • GB CLP Regulation will replace the EU CLP Regulation in Great Britain for chemical classification, labelling, and packaging.
  • GB-based businesses must comply with GB CLP Regulation if they place chemicals on the GB market.
  • GB-based downstream users and distributors who are supplied by businesses in the EU/EEA may become importers.
  • The EU/EEA-based importer will be responsible for the classification, labelling, and packaging of chemicals exported from Great Britain.
26
Q

Explain your understanding of the Fire Safety Act 2021.

A

The Fire Safety Act 2021

  1. Sections 1 (premises to which the FSO applies) and 3 (risk-based guidance about the discharge of duties under the FSO) of the Fire Safety Act 2021 commenced on 16 May 2022.
  2. The Fire Safety Act 2021 amends the FSO to clarify that, in buildings with two or more sets of domestic premises, the FSO applies to these two elements:

the structure and external walls of the building, including cladding, balconies and windows and
all doors between the domestic premises and the common parts (e.g. entrance doors to individual flats which open on to common parts)
10. The effect of the Act will be to require fire risk assessments of buildings with two or more sets of domestic premises to be updated to take account of structure, external walls and doors, as described above, if they have not already done so. Further detail is provided on this in the following sections.

27
Q

What is a Building Safety Regulator?

A
  • The BSR has three main functions: overseeing the safety and standards of all buildings, improving the built environment industry’s competence, and leading implementation of the new regulatory framework for high-rise buildings
  • The BSR will regulate high-rise buildings with at least 7 storeys or 18 metres high and have at least 2 residential units or are hospitals/care homes during design and construction.
  • The building safety reforms include decision points during design and construction, clear accountability and statutory responsibilities for dutyholders, and mandatory reporting to the BSR.
28
Q

What are the key principles of RICS H&S for Residential Property Managers?

A

This is a guidance document covering a wide variety of scenarios where RICS professionals can become involved with H&s - It gives practical guidance on all the hot topics, including:

Asbestos
Fire Safety

Runs examples - with guidance tips for keeping people informed etc.

Good foundation tool

Key principles:

  • Do risk assessments
  • Be aware of wider legislation
  • Keep clients and stakeholders informed
  • Notify contractors of risks
29
Q

What are some of the specific H&S risks/provisions/legislation you need to take account of relating to residential property?

A

Fire Safety:

  • EWS
  • Fire alarms
  • Escape plans
  • Building Safety Case
  • Fire Safety (England) Regs

Building Safety Act
Fire Safety Act

Control of Asbestos Regs 2012

30
Q

What are the key principles of the LTA 1985?

A

The key principles of the Landlord and Tenant Act 1985 include:

regulating the relationship between landlords and tenants in residential properties,

ensuring that the terms of the lease are fair and reasonable, protecting tenants from eviction without due process,

establishing a mechanism for setting rents,

and requiring landlords to maintain the property in good repair.

Greater consultation with leaseholders

31
Q

What is vicarious liability?

A

Vicarious liability is when you are held partly responsible for the unlawful actions of a third party, although the third party also carries a share of the liability.

Vicarious liability can arise in situations where one party is responsible for (and have control over) a third party and is negligent in carrying out that responsibility and exercising their control. A supervisory party would bear responsibility for the actions of a subordinate or associate based on their relationship.
1

32
Q

What do the Occupiers Liability Act 1957/1984 and the Defective Premises Act 1972 say?

A
33
Q

What are the grounds for regaining possession of a tenancy under the Housing Act 1988?

A

Grounds for regaining possession of a tenancy under the Housing Act 1988 include:

rent arrears,

breach of tenancy agreement,

nuisance or annoyance to neighbors,

criminal behavior,

and the landlord needing to occupy the property themselves.

34
Q

What are the additional H&S considerations for HMOs you are aware of?

A

Additional H&S considerations for HMOs include fire safety precautions, adequate means of escape, fire alarms, emergency lighting, fire extinguishers, fire doors, and electrical safety.

35
Q

What are your duties under the Gas Safety (Installation and Use) Regulations 1998 / Electrical Safety Standards in the Private Rent Sector (England) Regulations 2020.

A

Under the Gas Safety (Installation and Use) Regulations 1998, landlords are required to ensure that gas appliances, fittings, and flues are safe and checked annually. Under the Electrical Safety Standards in the Private Rent Sector (England) Regulations 2020, landlords must ensure that electrical installations are safe and inspected every five years.

36
Q

Talk me through what the HHSRS is and what the requirements of it are.

A

Housing Health & Safety Rating System.

The HHSRS is a risk assessment tool

The requirements of it are for landlords to identify and take appropriate action on any hazards identified by the HHSRS

37
Q

Explain any recent changes to Part B that you are aware of.

A

Recent changes to Part B of the Building Regulations relate to fire safety in high-rise buildings, including the requirement for sprinkler systems, evacuation plans, and improved fire resistance of external walls.

38
Q

Which is the most common type of asbestos?

A

The most common type of asbestos is chrysotile, which is also known as white asbestos.

39
Q

What are the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?

How often should a lift be inspected under LOLER?

A

The Lifting Operations and Lifting Equipment Regulations 1998 require employers to ensure that lifting equipment is safe and suitable for its intended use and that it is thoroughly examined at regular intervals.

A lift should be inspected at least every six months under LOLER.

40
Q

Do you think that you may have a duty of care to keep a property secure, even if there is no express provision in your contract?

What case law relates to this duty of care?

A

Yes

Goldman v Hargrave (1967) and Wilson v Lombank Ltd (1963).

41
Q

What responsibilities does a landlord have in relation to carbon monoxide and smoke alarms in private and social rented accommodation?

A

Landlords have a responsibility to install and maintain smoke alarms on every storey of a rental property and a carbon monoxide alarm in any room containing a solid fuel burning appliance. This is required by the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

42
Q

Which is the most common type of asbestos?

A

Chrysotile, also known as white asbestos

43
Q

What are the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?

How often should a lift be inspected under LOLER?

A
  • LOLER governs lifting equipment usage.
  • Key requirements: planning, supervision, safe execution.

– Equipment - must be:

  • Fit for purpose,
    -Marked with safe working loads (SWL).
  • Examined
  • Examination frequencies: lifting people (6 months), accessories (6 months), other equipment (12 months).
  • Follow competent person’s recommendations.
44
Q

What responsibilities does a landlord have in relation to carbon monoxide and smoke alarms in private and social rented accommodation?

A
  • In England, under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, landlords are required to:
    • Install a smoke alarm on every floor of the property.
    • Install a carbon monoxide alarm in rooms with a solid fuel-burning appliance.
    • Test alarms at the start of each new tenancy.
  • For social housing, landlords must follow the same regulations and ensure compliance with local authority requirements and building regulations.
45
Q

What would you do if you encountered an aggressive dog onsite?

A

If a dog is showing signs of aggression, don’t look it in the eye as it will take that as a challenge.

Don’t smile as it could interpret that as you baring your teeth. Instead, stand sideways to it so you present less of a threat.

Without making sudden movements, slowly back away and out of the dog’s line of sight.

Abort the visit - and alert others to the threat immediately

46
Q

What precautions do you take if inspecting a new build property?

A

From the point of view of a residential block manager I would:

Seek to conduct inspect the property with the site manager for the developer

Enquire about protective equipment including boots and hard hat

Seek reassurances from site manager

MRICS (14 decks)

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