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RICS APC - YN > Health & Safety > Flashcards

Health & Safety Flashcards

1
Q

What is the latest RICS document on Health & Safety?

A

RICS Guidance Note ‘Surveying Safely’ - Health and Safety principles for property professionals 2018’ - effective Feb 2019

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2
Q

What is the key legislation and guidance surrounding Health & Safety?

A

Health & Safety at Work Act 1974

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3
Q

What is RIDDOR?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

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4
Q

Who is the H&S act policed by?

A

Health and Safety Executive (HSE)

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5
Q

What is the 6 step approach to risk assessments?

A
  1. Identify the hazards
  2. Identify the people at risk from the hazards
  3. Evaluate the risk
  4. Record findings
  5. Review risk assessment regularly
  6. Advise all those affected of the outcome of the risk assessment and the precautions to minimise or elimate the risk
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6
Q

How is Asbestos obtained?

A

Mined – underground CHECK

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7
Q

What are the 3 main types of asbestos?

A
  1. Brown (amosite)
  2. Blue (crocidolite)
  3. White (chrysotile)
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8
Q

When was asbestos banned in the UK?

A

Blue and Brown – 1985
White – 1999

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9
Q

Who is the duty holder if asbestos is identified?

A

The owner of the property if vacant or a tenant if holding a repairing lease

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10
Q

What is Asbestos?

A

An insulating material which can cause serious health problems + fatal diseases

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11
Q

Does the RICS provide a guidance note on asbestos?

A

Yes, RICS Guidance Note Asbestos: Legal Requirements + Best Practice for Property Professionals + Clients, 2021

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12
Q

How would you identify asbestos?

A
  • Firstly I would refer to the asbestos register if there is one in place and/or any historic building documents that may suggest potential for ACMs
  • If ACM are present I would carry out a risk assessment to identify the potential hazards and request information as to its type, location and condition
  • If the risk is high, I would not enter the building without seeking specialist advice as to confirm whether the ACMs have been appropriately managed.

CHECK

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13
Q

What are the two types of asbestos survey?

A
  1. Management survey
    – To locate and assess it and advise on its management during normal occupation and use of premises
    - No sampling of materials or analysis is undertaken
  2. Refurbishment/demolition survey
    - Required where premises or part of it needs refurb or demo works to be undertaken.
    - Samples of materials suspected to be tested.
    - Recommendations are made regarding their management
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14
Q

What are the statutory obligations of a commercial/residential property owner?

A

Asbestos management, contamination, fire safety, health and safety, legionnaires, waste management.

CHECK IF SAME FOR RESIDENTIAL

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15
Q

What is your employers responsibility under the H&S act 1974?
(submission)

A
  • 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
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16
Q

What are the responsibilities of employees under the health and safety at work act?

A
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17
Q

What H&S procedures would you undertake if you were going to inspect a development/construction site?

A
  • Carry out pre inspection due diligence.
  • Ensure appropriate PPE is taken.
  • Ensure that mobile phone is charged
  • Inform colleagues of your inspection (ensure it is in your diary, who you are meeting and location of inspection)
  • Sign in + out of a building or construction site + receive a site induction
    (If going alone - need to check that is safe, if yes, adhere to lone working policy)
    CHECK
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18
Q

What are the penalties for breaching the H&S at Work Act?

A

Criminal offence - fines and/or imprisonment

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19
Q

What is a hazard?

A

Refers to anything that has the potential to cause harm (harm)

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20
Q

What is a risk?

A

The probability/likelihood that someone will be harmed is called a risk (harmed)

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21
Q

What is a Risk Assessment?

A

A process of identifying hazards and evaluating any associated risks within a workplace, then implementing reasonable measures to remove or reduce them.

A legal requirement, for organisations employing more than 5 staff, to carry out documented health + safety risk assessments of all their significant hazards.

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22
Q

What is a Method Statement?

A
  • A document that details the way a work task or process is to be completed + prior approved
  • Outline the hazards involved
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23
Q

Why is Public Liability Insurance relevant?

A
  • It is needed before work is commended
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24
Q

When is a written health and safety policy document required?

A

Required for employers if they employ more than 5 employees

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25
Q

What must a written health and safety policy document include?

A
  1. A policy setting out the organisation’s commitment to health and safety (H&S)
  2. Details of the organisation’s H&S structure, with roles + responsibilities for organising H&S
  3. A risk assessment setting the risks within the workplace + the preventative measures in place
  4. Details of the planning, implementation of the H&S policy + control measures
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26
Q

What does RIDDOR outline?

A
  • 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 injuries
  • This information can be kept in an accident book which must be kept for a minimum of 3 years after an occupational accident or injury
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27
Q

What act relates to corporate manslaughter?

A

Corporate Manslaughter and Corporate Homicide 2007

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28
Q

What does Corporate Manslaughter and Corporate Homicide Act 2007 outline?

A

This Act relates to gross breaches of a duty of care by a corporate body leasing to a person’s death

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29
Q

What are the penalties under Corporate Manslaughter and Corporate Homicide Act 2007?

A

Range from an unlimited fine, imprisonment + disqualification as a company director by a member of the ‘senior management team’

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30
Q

What act relates to fire risk management?

A

Fire Risk Management Regulatory Reform (Fire Safety) Order 2005

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31
Q

What does - Fire Risk Management Regulatory Reform (Fire Safety) Order 2005 outline?

A
  • Based on a risk assessment with emphasis on fire prevention
  • Applies to non-domestic property in England and Wales
  • The ‘Responsible Person’ is the employer, or occupier who controls the property, or owner if vacant
  • Must be fire precautions in place following risk assessment
  • Need for good record keeping - risk assessment, fire policy & fire procedures and staff training
  • Regular review of assessments required and recorded
  • Reasonable fire precaution measures could include a fire detection and warning alarm system, fire-fighting equipment, safe exit routes, a personal emergency evacuation plan, emergency lighting + signage + suitable fire exit door
  • Matter covered in Part B of the Building Regulations
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32
Q

What is the recent fire safety legislation?

A

Fire Safety Act 2021 - relates to multi-occupied residential buildings

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33
Q

Why did the The Fire Safety Act 2021 occur?

A

Following the Hackitt Review (2018)

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34
Q

What does the The Fire Safety Act 2021 highlight?

A

Requires all responsible persons to assess, manage + reduce the fire risks posed by the structure, external walls + any common areas of the building

35
Q

What does the The Fire Safety Act 2021 require?

A
  1. Regular inspections of lifts to be reported to fire + rescue services
  2. Ensuring evacuation plans are regularly updated + that personal evacuation plans are in place for residents whose evacuation ability may be compromises
  3. Ensuring residents are provided with suitable fire safety instructions
  4. Ensuring individual flat entrance doors comply with current standards where the external walls have unsafe cladding
  5. Clarifying that the responsible person or duty-holder for multi-occupied, residential buildings, must manage + reduce the risk of fire
36
Q

What does EWS stand for?

A

External Wall System

37
Q

Why has EWS1 forms been introduced?

A
  • Following reviews of building safety, subsequent to the Grenfell fire, many tall residential buildings’ external wall systems have found to be unsafe
  • The UK Government and mortgagors have sought to enable the valuation of tall residential buildings through introducing the EWS1 form
38
Q

What properties is EWS1 designed for?

A

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

39
Q

What is the EWS1 process/form?

A

The process itself involves a “qualified professional” conducting a fire-risk appraisal on the external wall system, before signing an EWS1 form, which is valid for the entire building for five years.

40
Q

What is covered under Construction (Design and Management) (CDM) Regulations, 2015

A

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

41
Q

What are the key parts under CDM?

A

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

42
Q

What are the penalties under CDM?

A

Policed by HSE who can prosecute and issue fines

HSE can issue Improvement and Prohibition Notices when regulations are breached

43
Q

What is the structure of RICS Guidance Note Surveying Safely?

A
  1. Personal responsibilities for RICS members and firms
  2. Assessing hazards and risks
  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
44
Q

What does the RICS Guidance Note Surveying Safely set out?

A
  • Basic, good practice principals for the management of health and safety for RICS-regulated firms and RICS members
  • Principals for those engaged in the built environment as property professionals and includes health and safety responsibilities:
    • At a corporate level (whether the RICS-regulated firm is large or small), and
    • at the level of the individual RICS member
45
Q

What four things must RICS Regulated Firms must ensure they provide?

A
  1. A safe working environment
  2. Safe work equipment
  3. Safe systems of work
  4. Competent staff
46
Q

What is the RICS concept of a ‘safe person’?

A

An individual assumes individual behavioral responsibility for their own, their colleagues’ and others’ health and safety while at work

47
Q

What is the legislation relevant to Asbestos?

A

The Control of Asbestos Regulations 2012 - non-compliance is a criminal offence

48
Q

What is the ‘Six-Pack’ of H&S Regulations?

A
  1. Management of H&S at Work
  2. Display Screen Equipment
  3. Manual Handling Operations
  4. PPE at work
  5. Provision + Use of Work Equipment
  6. Workplace Health, Safety + Welfare
49
Q

What was the response from Grenfell Fire?

A

Many tall residential buildings’ external wall systems have been found to be unsafe

50
Q

What is an external wall system?

A

The external wall system (EWS) is made up of the outside wall of a residential building, including cladding, insulation, fire break systems, etc.

51
Q

What are the benefits of EWS1 form?

A

The EWS1 form provides the owner of a property with a way to assure a purchaser or mortgage provider that the fire resistance of an external wall system of a residential building has been assessed by a suitably qualified person.

52
Q

Does every building require an EWS1 form?

A

NO, not every building will require an EWS1 form. RICS has published proportionate guidance for valuers which includes criteria that will be used to help decide whether a particular building should need an EWS1 form.

Valuers will always need to follow instructions given by their lender clients.

53
Q

What is the RICS Guidance Note for valuing residential buildings with cladding?

A

RICS Guidance Note - Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding UK 1st edition, March 2021

54
Q

What is in the RICS Guidance for valuing reisdential buildings with cladding to help valuers understand when an EWS1 form is needed?

A

A decision tree & case studies

This guidance includes criteria that will be used to help decide whether a particular building should need an EWS1 form.

The criteria considers the height of the building, the type of cladding and (in some circumstances) how much of it there is on the building. There are also criteria relating to balconies and combustible material. You should always have a rationale to justify the request for the EWS1 form.

55
Q

Why is an EWS1 assessment required every five years?

A

Five years is intended to capture any renovation or adaptation work done to the building, as well as maintenance over that period.

56
Q

Height for EWS1form?

A

5 or more storeys or 11 metres or more tall.

57
Q

How does the EWS1 form factor into the buying, selling or re-mortgaging of a flat/ apartment?

A

The EWS1 (external wall system) process, is agreed by representatives for developers, managing agents, fire engineers, lawyers, lenders, insurers, and valuers, and has been adopted across the industry.

Its purpose is to ensure that a valuation can be provided for a mortgage or re-mortgage on a property which features an external wall cladding system of uncertain make up, something that has both safety implications and which may affect value if remediation is required due to the fire risk associated.

58
Q

What two options does the ESW1 form produce?

A

Option A - External wall materials are unlikely to support combustion

Option B - Combustible materials are present in an external wall with sub options of either; B1 - fire risk is sufficiently low that no remedial works are required, or B2 fire risk is high enough that remedial works are required.

59
Q

What happens if the EWS1 assessment identifies that remedial works are required?

A

If an external wall system requires remedial work then we would expect the valuer to take this into consideration in their valuation.

A valuation will only be possible if there is clarity on cost of the work and a timeline for works to be completed.

Lenders are unlikely to lend until remedial work has been completed, but some may choose to do so with retentions and the like based on their own risk appetite.

60
Q

What is the criteria considered under EWS1?

A

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

61
Q

How long are EWS1 forms valid for?

A

5 years

62
Q

What is the criticism of EWS1?

A

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

63
Q

What is the most recent building safety legislation?

A

Building Safety Act 2022

64
Q

What is the purpose of Building Safety Act 2022?

A

The legislation is intended to enhance regulations for building safety and ensure residents have stronger voices in ensuring building safety.

65
Q

How does the Building Safety Act 2022 implement The Hackitt Review?

A

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
66
Q

The BSA 2022 requires a new Building Safety Regulator who is required to act for:

A
  1. Securing the safety of people in or about buildings in relation to risks arising from buildings
  2. Improving the standards of buildings
67
Q

What else is stated in the BSA 2022 act?

A
  • 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)
68
Q

Under BSA 2022 what is defined as higher risk?

A
  • 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
69
Q

Under BSA 2022 what affect will this has on tenants with leases?

A

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

70
Q

What are International Fire Safety Standards (IFSS)?

A

Supported by the RICS

Provide global consistent, high level principles for fire safety in the design, construction and management of buildings

71
Q

What are the effects of BSA 2022 on S.38 of the Building Act 1984?

A
  • 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
72
Q

Act relating to Occupiers Liability?

A

Occupiers Liability Act 1957

73
Q

What does Occupiers Liability Act 1957 outline?

A

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

74
Q

Smoking regulations?

A

Smoke-free (Premises & Enforcement) Regulations 2007

75
Q

What do Smoke-free (Premises & Enforcement) Regulations 2007 outline?

A
  • 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
76
Q

Act applies to Defective Premises?

A

Defective Premises Act 1972

77
Q

What is covered in Defective Premises Act 1972?

A
  • 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
78
Q

What effects can asbestos have?

A

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

79
Q

Who is HSE?

A

Health and Safety Executive

UK government agency responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare.

80
Q

What is Defence in asbestos?

A

That the person took all reasonable precautions and exercised all due diligence

81
Q

What are the penalties for Asbestos?

A
  • 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
82
Q

What is CDM?

A

Construction (Design and Management) (CDM) Regulations, 2015

83
Q

What is Public Liability Insurance?

A
  • A copy of the contractor’s all risks + public liability insurance
  • It is needed before work is commended

RICS APC - YN (22 decks)

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