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Mandatories > Health & Safety > Flashcards

Health & Safety Flashcards

1
Q

Surveying Safely 2018 - what does it cover?

A

Sets out good practice principals for members and firms, including guidance on -
- Personal responsibility
- Assessing hazards and risks
- Workplace H&S
- Occupational hygiene and health
- Visiting premises safely
- Fire safety
- Residential surveying
- Procurement and management of contractors

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2
Q

Surveying Safely 2018 - What must firms do?

A
  1. Provide a safe working environment
  2. Provide safe work equipment
  3. Provide safe systems of work
  4. Ensure competent staff
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3
Q

Surveying Safely 2018 - What is the safe person concept?

A

Individuals assume responsibility for their own and others H&S while at work

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4
Q

Surveying Safely 2018 - What should you do when visiting site?

A
  • Tell someone where you’re going
  • Wear appropriate clothing
  • Sign in and out of building sites
  • Consider if its safe to go alone and if so observe extra precautions
  • Check the dated tag before going on scaffolding
  • Wear non-slip shoes when going up a ladder
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5
Q

What is the RICS guidance on lone working?

A

Surveying Safely advises to consider whether lone working is safe for that site, if so, make provisions for communications in an emergency, ensure the firm has my number, make sure someone knows where I am and when to expect me back, and to make check in calls if appropriate, inform others if i have any medical conditions, consider how i could be rescued - including access.

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6
Q

What did you include in your pre site risk assessment for Berkhamsted?

A
  1. Identify an hazards - asbestos register, fire risk assessment
  2. Those at risk from the hazards
  3. Evaluate the risk - likelihood of harm, any necessary precautions
  4. Record findings on risk assessment form
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7
Q

What issues could you have encountered in Southwark?

A

Development site - possible contamination, building works - objects falling, unstable ground, trip hazards, unsafe objects such as tools

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8
Q

What issues could you have encountered in Berkhamsted?

A

Mixed use commercial premises - asbestos due to older building, fire

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9
Q

Health & Safety at work 1974 - What does it say?

A

Duty of employers to ensure health, safety and welfare of employees at work, as far is as reasonably practical.

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10
Q

Health & Safety at work 1974 - Who is it policed by?

A

Health & Safety Executive

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11
Q

Health & Safety at work 1974 - What’s the difference between a hazard and a risk?

A

Hazard - potential to cause harm
Risk - likelihood of harm

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12
Q

Where is H&S info usually held on site?

A

Operations and maintenance manual

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13
Q

When is a risk assessment a legal requirement?

A

For organisations employing more than 5 staff

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14
Q

What should a risk assessment include?

A
  • Identify hazards
  • Identify those at risk
  • Evaluate risk - likelihood and severity, precautions in place
  • Record findings on a suitable form
  • Review the risk assessment regularly
  • Advice all those affected
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15
Q

What ‘six pack’ of regulations was brought in in 1993?

A
  1. Management of H&S at work
  2. Display Screen Equipment
  3. Manual Handling Operations
  4. PPE at work
  5. Provision and Use of Work Equipment
  6. Workplace Health, Safety and Welfare
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16
Q

Why were the ‘six pack’ regulations brought in in 1993?

A

Implemented various European directives on H&S, clarified how employers must comply with their duties under H&S at work act 1974

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17
Q

What is a method statement?

A

Document detailing the step-by-step approved way a work task should be completed safely, it includes the hazards involved and control measures in place

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18
Q

What should a written H&S policy document contain?

A
  • Policy setting out organisational commitment to H&S
  • Details of the organisation’s H&S structure, inc roles and responsbilities
  • Risk assessment for workplace risks and preventative measures
  • Details of the planning and implementation of the H&S policy and control measures
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19
Q

When is a written H&S policy document required?

A

Employers of over 5 employees

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20
Q

What are the time scales set out in RIDDOR 1995?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
- Must report injuries causing incapacitation for > 7 days
- Must be reported to HSE within 15 days
- Must keep a record of all injuries > 3 days
- Records must be held for 3 years

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21
Q

How many deaths a yr are caused by asbestos?

A

5,000

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22
Q

How many properties in the UK contain asbestos?

A

c 4 million

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23
Q

What are the 3 main types of asbestos and which is the most dangerous?

A

Brown, blue and white
Blue = most dangerous

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24
Q

When were the different kinds of asbestos banned?

A

Blue and brown banned 1985, white in 1999

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25
Q

Who has obligations under the Control of Asbestos Regulations 2012?

A

‘Duty holders’ - owner of a vacant premises or tenant of an occupied premises
and employers

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26
Q

What do you need to do if undertaking non licensed asbestos work?

A

Notify the HSE

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27
Q

What are the 2 kinds of asbestos survey, when are they undertaken and what do they involve?

A

Management survey - Locates assesses and advises on asbestos management during occupation of the premises, no surveys takem
Refurbishment/ demolition survey - required before works, samples of asbestos-containing materials are taken and analysed

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28
Q

What must new builds have relating to asbestos?

A

Architect’s certificate confirming no asbestos is present

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29
Q

What are the 5 steps a duty holder must take under the 2012 Control of Asbestos Regulations?

A
  1. Must assess whether the premises contains asbestos and its condition
  2. Assess the risk and produce a management plan
  3. Produce an asbestos register
  4. Make the register available to parties who may disturb
  5. Review regularly (recommended 6 monthly)
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30
Q

What is the RICS guidance on asbestos?

A

2021 GN ‘Asbestos : Legal Requirements and Best Practice for Property Professionals’
Overview of law and industry guidance - common asbestos-containing materials, how to commission a survey, contents of a management plan

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31
Q

What does the 2007 corporate manslaughter and homicide act cover?

A

Breaches of duty of care by a corporate body leading to death

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32
Q

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

A

They include unlimited fine, imprisonment, disqualification as a company director by a member of the ‘senior management team’

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33
Q

What does the Fire Risk Regulatory Reform Order 2005 cover?

A

Cover fire risk assessment for commercial properties, requires:
- ‘responsible person’ - employer, tenant in occupation or owner if vacant
- Precautions based on risk assessment
- Good record keeping - risk assessment, policy, procedures and training, regular reviews

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34
Q

What are appropriate precautions under the Fire Risk Regulatory Reform Order 2005?

A
  • Fire detection and warning system
  • Fire fighting equipment
  • Safe exit routes
  • Personal emergency evacuation plans
  • Emergency lighting and signage
  • Suitable fire exit doors
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35
Q

What does the Fire Safety Act 2021 cover?

A

Multi-occupied residential buildings, requires:
- ‘responsible person’/ duty holder to manage and reduce risks
- Regular lift inspections to be reported to the fire services
- Evacuation plans - regularly updated, appropriate personal plans
- Suitable instructions for residents
- If external walls have unsafe cladding, individual doors need to comply with current standards

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36
Q

What fire acts apply to different types of property?

A

Fire Risk Regulatory Reform Order 2005 applies to commercial property
Fire Safety Act 2021 applies to multi-occupied residential buildings

37
Q

Who is the responsible person/ duty holder under the Fire Safety Act 2021?

A

Employer, tenant with control of the premises or owner if vacant

38
Q

Who can take enforcement action under the Fire Safety Act 2021?

A

The fire service can take enforcement action against non-compliance

39
Q

What are the responsibilities of the responsible person under the Fire Safety Act 2021?

A

To assess, manage and reduce risks from the structure, external walls and common areas

40
Q

What are EWS?

A

External Wall Systems - Outside wall of a property, including cladding, insulation, fire break systems

41
Q

What is an EWS1 form?

A

A form used to confirm that the external wall of a residential property has been assessed by a suitable expert in line with gov guidance

42
Q

Who can provide an EWS1 form?

A

Varies depending on building height, some can be undertaken by building surveyors who have undertaken additional qualification, otherwise a qualified fire safety engineer

43
Q

Why was the EWS1 form introduced?

A

Introduced following Grenfell, many mortgage lenders have withdrawn finance for tall residential buildings
It is specifically targeted at valuers but can also be useful for those buying and selling residential

44
Q

How long is an EWS1 form valid for and why?

A

5 years, time period is design to capture any works to the property and their impact

45
Q

Give examples of the types of property an EWS1 form can and can’t be used for?

A

Can be used for blocks of flats, student accommodation, care homes, HMOs, mixed use blocks with predominately residential use
Not for use on commercial properties and hotels

46
Q

What is the RICS guidance on EWS1 forms?

A

March 2021 ‘Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding”

47
Q

How is an EWS1 form used in valuation?

A

To identify buildings where remediation work is needed, and where this may materially affect the value of the property

48
Q

What should you consider, other than RICS guidance, in determining whether an EWS1 form is required?

A

Lender requirements

49
Q

What does the 2022 Building Safety Act cover?

A

Residential property - aims to give residents more say and to increase accountability and compliance through enforcement
- New builds must belong to the New Builds Omundsman Scheme
- Building Safety Regulator - secures building safety and standards
- Use of EWS1 forms to help leaseholders
- Use of s38 Building Act 1984 to enable civil claims for building reg breaches - extended from 6 to 15 years - exposing contractors, clients and consultants to further liability
- Defective Premises Act 1972 - liability extended to 15 years
- High risk defined as over 18m/ 7 storeys, with more than 2 resi units
- LLs must provide funding for remedial works from contactors and insurers before adding it to service charge

50
Q

What were the aims of the 2022 Building Safety Act?

A
  • Increase accountability and duties
  • Give residents more say
  • Deter non-compliance through enforcement
  • Provide a framework for suitable construction products
51
Q

Under the 2022 Building Safety Act, what scheme must New Homes belong to?

A

The New Homes Ombudsman Scheme - disputes resolution

52
Q

What is the role of the Building Safety Regulator?

A

Secures safety in relation to risks from buildings and improves building standards

53
Q

For which buildings was combustible cladding banned since 2018?

A

Buildings over 18 metres

54
Q

How did the 2022 Building Safety Act extend liability, and under which Acts?

A

Civil liability for claims for building regulation breaches under the 1984 Building Act extended from 6 - 15 years (exposes contractors, builders and consultants)
Liability for claims under Defective Premises Act 1972 extended to 15 years (exposes builders)

55
Q

What is meant by ‘the three gateways’ in building and what are these?

A

Three points where fire and building regulations need to be declared in residential developments
1. Planning application
2. Pre-construction
3. Pre-occupation

56
Q

What buildings are defined as higher risk under the Building Safety Act 2022?

A

Buildings over 18m or 7 storeys, with more than 2 residential units
The height/ no storeys excludes basements and some plant rooms

57
Q

Which buildings were newly included in the ‘higher risk’ category under the Building Safety Act 2022?

A

Care homes and hospitals

58
Q

What does the Building Safety Act 2022 require from Landlord’s regarding remedial works?

A

If landlord’s require funding for remedial works, the Act requires they pursue this from contractors and insurers before adding it to tenant service charges

59
Q

What must leases over 7 years have under the Building Safety Act 2022?

A

A lease over 7 years with a service charge must have an implied terms for payment of building safety charges

60
Q

What is IFSS?

A

International Fire Safety Standards provide global principles for design, construction and management of buildings, these are supported by the RICS.

61
Q

What RICS supported standards provide global principles for design, construction and management of buildings?

A

IFSS - international Fire Safety Standards

62
Q

What does the 1957 Occupiers Liability Act cover?

A
  • Regulates occupiers liability for injury to lawful visitors and damage to goods
  • Imposes a common duty of care under which occupiers and landlords can be liable based on the concept of ‘reasonable care’
63
Q

Which Acts cover liability for injury to lawful visitors and trespassers?

A

1957 Occupiers Liability Act - lawful visitors
1984 Occupiers Liability Act - trespassers

64
Q

What legislation banned smoking in public places?

A

Smoke Free Regulations 2007

65
Q

What do the Smoke Free Regulations 2007 cover?

A

Make it illegal to smoke in enclosed public spaces and requires the display of ‘no smoking’ signs

66
Q

Who enforces the Smoke Free Regulations 2007?

A

The local authority

67
Q

What are the penalties under the Smoke Free Regulations 2007?

A

Fixed penalty notice or fine

68
Q

What does the Defective Premises Act 1972 cover?

A
  • Landlord’s obligation to ensure compliance under the Act
  • Under section 4, the landlord owes a REASONABLE duty of care to those reasonably expected to affected to premises defects
  • In some circumstances, personal injuries can be remedied under the Act
69
Q

What are the PPE at work regulations and what do they cover?

A

1992 PPE at work regulations:
- Employers must ensure employees have sufficient information, instruction and training on the use of PPE
- Must ensure suitable PPE provided

2022 PPE at work regulations:
- Duties unchanged but extended to ‘limb workers’
- Employers must carry out a suitability assessment, provide free PPE and be responsible for its storage and maintenance for casual workers (don’t necessarily have a contract), as it does for contracted employees under the 1992 regulations

70
Q

What are the penalties under the 2008 H&S Offences Act?

A

Fines up to £20,000, possibility of imprisonment, also allows for serious offences to be tried in higher courts where there is no limit on fines

71
Q

What do the Construction (Design & Management) Regulations 2015 cover?

A

Health & Safety under the during the design and management of all commercial building projects, including resi development and refurbishment and maintenance

72
Q

What is the aim of the Construction (Design & Management) Regulations 2015?

A

To improve management and co-ordination of H&S at all stages of a construction project.

73
Q

Who are the three key duty holders under the Construction (Design & Management) Regulations 2015?

A
  1. Client
  2. Principal Designer
  3. Principal Contractor
74
Q

Under the Construction (Design & Management) Regulations 2015, when must a site have a principal designer and contractor, and a H&S file?

A

When there is more than one contractor working on site

75
Q

Under the Construction (Design & Management) Regulations 2015, what must all sites with more than one on site contractor have?

A

A principal designer and contractor, and a H&S file

76
Q

Who is the onus on to ensure compliance with the Construction (Design & Management) Regulations 2015?

A

Client not the contractor

77
Q

What are the Construction Phase Plan requirements under the Construction (Design & Management) Regulations 2015?

A

Required for all projects, H&S must be considered at the design stage by the Principal Contractor.

78
Q

Under the Construction (Design & Management) Regulations 2015, when does the H&S Executive need to be informed of a project?

A
  1. Lasts longer than 30 construction days
  2. 20+ workers working simultaneously
  3. 500+ person days of construction works
  4. Involves demolition
79
Q

Under the Construction (Design & Management) Regulations 2015, how would the H&S Executive need to be informed of a project?

A

Using an F10 form.

80
Q

Who would you report a breach of the Construction (Design & Management) Regulations 2015 to?

A

Health & Safety Executive

81
Q

What are the remedies of the H&S Executive under the Construction (Design & Management) Regulations 2015?

A

Can prosecute and issue fines.
Can issue improvement or prohibition notices when regulations are breached.

82
Q

What is a CDM file?

A

Under the Construction (Design & Management) Regulations 2015, it is a file that must be maintained during construction and passed to the occupier/ owner of the building
It should contain all aspects of H&S regarding the property and its operation.

83
Q

What are the statutory obligations of a commercial property owner?

A

Asbestos management
Contamination
Equality Act
EPC
Fire Safety
H&S
Legionnaires Disease
Occupier’s liability
PAT testing for electrical equipment
Waste Management

84
Q

Under RICS GN Surveying Safely 2018, what is the hierarchy of risk control?

A
  1. Elimination
  2. Substitution
  3. Engineering Controls
  4. Administrative Controls
  5. PPE
85
Q

Under RICS GN Surveying Safely 2018, what is elimination? Give an example

A

Redesign the activity or substitute a substance to remove a hazard
e.g. remove risk of working at height when inspecting a roof by using a drone instead

86
Q

Under RICS GN Surveying Safely 2018, what is substitution? Give an example

A

Replace materials or work process with a less hazardous one.
e.g. use pre-prepared components rather than cutting them on site

87
Q

Under RICS GN Surveying Safely 2018, what are engineering controls? Give an example

A

Use measures and equipment to prevent risks
e.g. using equipment to prevent falls when working at a height, use ventilation equipment to control risk from fumes, separate dangerous equipment

88
Q

Under RICS GN Surveying Safely 2018, what are administrative controls? Give an example

A

Identifying and implementing work safety procedures e.g. reduce need for lone working, making sure lone working is undertaking in daylight, reduce exposure to hazards through rotations, increase safety signage

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