Health & Safety Flashcards
What health & safety legislation are you aware of?
How do you ensure that you comply with this legislation?
- Health & Safety at Work Act 1974
- PPE at work Regulations 2022
- RIDDOR 1995 - Reporting of Injuries , disease & dangerous occurrences regulations 1995
- Corporate Manslaughter & Corporate Homicide Act 2007
- Fire Safety Act 2021
- Building Safety Act 2022
- Occupiers’ Liability Act 1957
- Smoke-free (Premises & Enforcement) Regulations, 2007
- Defective Premises Act 1972
- Construction (Design & Management) Regulations, 2015
- “Duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all employees.”
- Must report injuries & dangerous occurrences.
- Undertake, record and regularly review risk assessments.
Detailed H&S info to be held on site, usually the Operations & Maintenance Manual.
What are the penalties under current health & safety legislation?
Fines and, or imprisonment.
Is it a criminal offence to breach the H&S at Work Act 1974?
Who is it policed by?
Yes - Policed by the HSE - Health & Safety Executive
Tell me about your employer’s health & safety policy?
TBC
What are your health & safety duties as an individual surveyor?
‘Safe person’ from the RICS Guidance Note - Surveying Safely - Health & Safety Principles for Property Professionals 2018
A safe person - an individual responsible for their own work, their colleagues & others H&S while at work.
Ensure corporate H&S policies & procedures are practiced effectively and competently.
What guidance does the RICS produce about H&S?
‘Surveying Safely – Health and safety principles for property professionals’, second edition, 2018 (effective Feb 2019)
Tell me something you understand from reading Surveying Safely.
- The concept of a ‘safe person’ means that each individual assumes individual behavioral responsibility for their own, their colleagues and others H&S while at work.
- RICS regulated firms are obliged to ensure H&S and welfare by providing, monitoring & maintaining: a safe work environment & equipment, safe systems of work & competent staff.
When was Surveying Safely last updated?
What are the key changes?
2nd edition in Nov 2018 effective from Feb 2019.
- Introduction of the safe person concept.
- Emphasis on ensuring the competence of individuals (RICS regulated firms are obliged to ensure H&S and welfare by providing, monitoring & maintaining: a safe work environment & equipment, safe systems of work & competent staff).
What is the safe person concept?
That each individual assumes individual behavioural responsibility for their own, their colleagues and others H&S while at work.
What must Regulated Firms provide?
- A safe working environment
- Safe work equipment
- Safe systems of work
- Competent staff
What happened in the case of Suzy Lamplugh?
Why is this important for surveyors?
She was presumed to have been murdered in 1993 when due to show a house to someone.
Lone working policies. Communication provisions in place e.g. rape alarm, use diary
What is Personal Protective Equipment (PPE)?
Protective clothing: helmets, goggles to prevent injury or infection.
What is a risk assessment?
Sets out the risks in the workplace, their likelihood and consequences and the tolerances for such events.
To undertake a risk assessment.
* Identify the hazards.
* Identify the people at risk from the hazard
* Evaluate the risk, considering likelihood and severity. Existing precautions should be identified and evaluated.
* Record the findings.
* Review the risk assessment regularly.
* Advise all those affected of the outcome of the risk assessment, methods of work & precautions to minimize or eliminate risk.
What is a risk?
Possibility of something bad happening.
What is a hazard?
A potential source or situation with the potential of harm
How would you undertake a risk assessment before attending site?
Carry out a pre-assessment of the hazards & risks that are likely to be encountered. The pre-assessment should include the requirement for appropriate PPE.
What is asbestos?
A rock mineral known for its carcinogenic properties, comprises flexible fibers that possess resistance to heat, electricity and corrosion.
What legislation are you aware of in relation to asbestos?
The control of Asbestos Regulations 2012
What do you understand by the Control of Asbestos Regulations 2012?
Non-compliance is a criminal offence.
2 separate obligations; to the “duty holder” & “employer”.
Who is the duty holder?
Duty holder – the owner if vacant or tenant if a repairing lease.
How does asbestos cause lung damage?
When inhaled the small toxic fibers can lodge in the lungs.
What are the two types of asbestos survey?
- Management Survey – Locate, assess, and advise on its management during normal occupation. No samples are taken.
- Refurbishment / demolition survey – Samples are taken and analyzed; recommendations are made regarding their management.
When was asbestos banned?
1999
What is an asbestos survey/management plan?
Plan to prevent exposure, the recommended starting points are:
1. An asbestos survey to identify & manage ACM’s.
2. An asbestos survey prior to work where the premises or partn needs upgrading.
3. Create a management plan – occupier & owner need a management plan to include training of key staff with asbestos-awareness training, or if disturbance is required appropriate training on how to carry this out safely.
Explain the key principles of the new RICS guidance relating to asbestos.
Control of Asbestos Regulation 2012.
- All surveyors should have asbestos awareness training.
- A duty to manage asbestos arises under Regulation 4 of the Control of Asbestos Regulation 2012.
- Where duty to manage under Section 4 does not apply a duty arises to minimize the risk of asbestos to the health & safety of others
- The duty to manage can be fulfilled by ensuring an asbestos register is available.
What is occupational health?
Why is it important?
The physical & mental effects of work on health
It assists an RICS-regulated firm in ensuring its employees are fit for their work through health assessments, promotion, maintenance and surveillance.
What are the Construction (Design & Management) Regulations 2015?
What changes were made?
Legislation aimed to provide easier to understand regulation. Key parts are:
* The main duty holders are three: The Client, Principal Designer and Principal Contractor
* All projects with more than one contractor working on a site must have a Principal Designer& Principal Contractor and H&S file.
* Onus on the client and not the contractor to ensure CDM arrangements.
* A construction Phase Plan is required for all projects with safety considered at the design stage of a project by the Principal Contractor.
* There is a need for risk assessment and a Principal Designer.
They replaced the 2007 regulations & the role of the CDM Co-ordinator is replaced by the principal designer.
What is a notifiable project?
Construction work is notifiable to the HSE if the construction work is: expected to last more than 30 days & have more than 20 workers at the same time at any point or exceed 500 person days of construction.
What are the BSI competence requirements (PAS) that relate to the CDM roles?
PAS = Publicly Available Specification
PAS 8671 & PAS 8672
Legal & contractual requirements in relation to the discharge of their duties, managing building work, planning & organizing production, managing construction processes, leadership decision making and change management, liaising with client other stakeholders & regulatory bodies, developing people and teams, managing the quality of buildings, managing information.
Which BSI competence requirement (PAS) relates to the management of safety in residential buildings?
PAS 8673:2022
Tell me about your understanding of fire safety?
- Numerous physical safety features that contribute to fire safety may not be immediately apparent (compartmentalization, protected zones, fire doors, smoke seals).
- Planning & memorizing an escape route is key.
- Various types of extinguishers appropriate for different use; Water, dry powder, foam, Co2, wet chemical.
What is the key fire safety legislation?
- Regulatory Reform (Fire Safety) Order 2005
- Fire Safety Act 2021.
Tell me about your understanding of the Equality Act 2010.
- The act identifies 4 types of illegal discrimination: Direct discrimination, indirect discrimination, harassment, victimization.
- 9 protected characteristics; gender reassignment, sex, sexual orientation, age, disability, race, religion or belief, marriage & partnership, pregnancy & maternity.
Explain what RIDDOR is.
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995 (RIDDOR).
The trigger date for reporting injuries is over 7 days. Such injuries must be reported to HSE within 15 days from the date of injury.
What is a CSCS card?
Construction Skills Certification Scheme. It provides proof individuals working on construction sites have appropriate training.
What is COSHH?
Control of Substances Hazardous to Health Regulations 2002. The law requires employers to control substances hazardous to health.
What changes have recently been made to COSHH?
Now aligns with the Globally Harmonized System (GHS). From 1st Jan 2021, there are changes to chemical classification, labelling and packaging.
Explain your understanding of the Fire Safety Act 2021.
Following the Hackitt Review (2018), the Fire Safety Act (2021) reforms the Regulatory Reform (Fire Safety) Order 2005 as it relates to multi-occupied residential buildings.
The Act:
* Requires all responsible persons to assess, manage & reduce the fire risks posed by the structure, exterior walls and any common area of the building.
* Allows the Fire Service to take enforcement action against responsible persons who fail to comply.
What is the role of the Building Safety Regulator?
Overseeing the safety & standards of all buildings.
Explain your understanding of the Building Safety Act 2022.
It got Royal Assent in April 2022 and full implementation in October 2023.
It sets out safety requirements for landlords of higher-risk buildings. High risk: at least 18m or 7 stories high, with 2 or more residential units.
Which is the most common type of asbestos?
White asbestos
On an electricity site, would you wear steel toed boots - if not, why?
As long as the steel toe cap is not exposed it is safe.
What are the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?
- Strong & stable enough to be used as intended.
- Marked to display its maximum load capacity.
- Regularly inspected & maintained, with defects recorded and reported.
- Stored correctly to ensure its longevity.
How often should a lift be inspected under LOLER?
6 months, for lifting equipment, people, and accessories. 12 months for all other lifting equipment.
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?
Yes – duty of care to the client
What case law relates to this duty of care?
Rushbond Plc v The JD Design Partnership LLP 1989
What changes were brought in by the Personal Protective Equipment at Work (Amendment) Regulations 2022?
- The type of duties & responsibilities on employers & employees under PPER 1992 remain unchanged but are extended to limb (b) workers, as defined in PPER 2022.
- Under PPER 1992 they must be provided with all the necessary personal protective equipment required to protect them from any hazards they may experience at work.
- Limb workers – those with a contract of employment that provides them with regular hours and a guaranteed wage.
Why might tagging be used on scaffolding?
So, workers know if it is safe to use & it has been inspected to a high standard.
Explain how you ensure your personal safety on site?
Take appropriate devices e.g. mobile phone, Risk assessment, PPE, Asbestos register, fire plan & meeting point
Explain how you ensure the security of your personal possessions on site?
Keep them on me, lock them up.
Tell me about how you ensure good health & safety practices whilst on site.
Consider the immediate are, asbestos survey prior to inspecting.
Tell me about when you have used PPE on an inspection.
EQ, Bristol – Goggles, hard hat, steel toe capped shoes, high vis.
What would you do if you suspected asbestos existed on a site inspection?
Check the asbestos register, avoid any ACM’s and do not disturb them.
Tell me about any specific precautions you would take when inspecting a dilapidated property.
Ensure people know when I am and when I will be back, stick to the safe route.
What hazardous materials have you come across in your work?
Dead pigeons and pigeon droppings which could present a biohazard.
Cheltenham – how did you manage asbestos risk?
What reports or surveys were required?
Who was the duty holder?
Asbestos register, ensured they were not disturbed.
Building survey
The Vendor
How would you know if asbestos is in good condition – are you qualified to advise on this?
Not qualified to advise.
Norwich – why did you inspect alone?
Not necessary for other resources or they were unavailable.
How did you apply the hierarchy of risk control?
PPE when necessary or emergency alarms.