Health & Safety

Question 1

What is the key primary legislation surrounding health and safety at work in the UK?

Answer 1

The Health and Safety at Work Act 1974.

Question 2

Who enforces health and safety legislation in the UK?

Answer 2

The Health and Safety Executive (HSE).

Question 3

Are you aware of any other legislation surrounding health and safety in the workplace?

Answer 3

The Management of Health and Safety at Work Regulations 1999.

Question 4

What are the responsibilities imposed by the Health and Safety at Work Act 1974 regarding employers and employees?

Answer 4

Employers

To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees, including:

• To create and maintain written statements of their H&S policies.
• If an employer has more than five employees, they must have a written health and safety policy.
• To provide employees with information, training and supervision as necessary.
• To ensure that work places under the employer’s control are maintained and kept in a safe condition, including provision for safe access and egress.

Employees

• To take reasonable care not to put other people - fellow employees and members of the public - at risk by what you do or don’t do in the course of your work.
• To co-operate with your employer, making sure you get proper training and you understand and follow the company’s health and safety policies.

Question 5

What are the penalties for a breach of the 1974 Act?

Answer 5

An unlimited fine and/or up to 2 years imprisonment.

Question 6

What is the purpose of the Construction (Design and Management) Regulations 2015?

Answer 6

CDM aims to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced.

Question 7

What works do the CDM Regulations apply to?

Answer 7

All works with the exception of the exploration for or extraction of mineral resources.

Question 8

When are works classed as notifiable under the CDM Regulations?

Answer 8

Construction work is notifiable to the HSE if the construction work on a construction site is expected to:

• last more than 30 days and have more than 20 workers working at the same time at any point on the project or
• exceed 500 person days of construction work.

Question 9

How do you go about notifying the HSE of a notifiable project and what would you include within your notification?

Answer 9

Issue an F10 (notification of construction project) form to the HSE online, including details of:

• Site location
• Project/works description
• Number of contractors on site
• Time allowed by client
• Project duration
• Name and contact details of Client, Principal Designer and Principal Contractor

Question 10

Who must notify HSE?

Answer 10

• Commercial clients - must notify HSE (or PD on behalf of Client).
• Domestic clients – notification can be carried out by the Contractor or PD if there is a written agreement that they will carry out the Client’s duties.

Question 11

Who are the dutyholders under the CDM Regulations?

Answer 11

• The three main CDM roles are CDM client, designer and contractor.
• For projects involving more than one contractor, the additional roles of principal designer (PD) and principal contractor (PC) are required to plan, manage, monitor and coordinate the work.

Question 12

What are the duties under the CDM Regulations for Commercial Clients?

Answer 12

Make suitable arrangements for managing a project, including making sure:

 other dutyholders are appointed as appropriate

 sufficient time and resources are allocated

Make sure:

 relevant information is prepared and provided to other dutyholders

 the principal designer and principal contractor carry out their duties

 welfare facilities are provided

Question 13

What are the duties under the CDM Regulations for Domestic Clients?

Answer 13

Though in scope of CDM 2015, their client duties are normally transferred to:

 the contractor for single contractor projects

 the principal contractor for projects with more than one contractor
However, the domestic client can instead choose to have a written agreement with the principal designer to carry out the client duties.

Question 14

What are the duties under the CDM Regulations for Designers?

Answer 14

When preparing or modifying designs, eliminate, reduce or control foreseeable risks that may arise during:

 construction

 the maintenance and use of a building once it is built

Provide information to other members of the project team to help them fulfil their duties.

Question 15

What are the duties under the CDM Regulations for Principal Designers?

Answer 15

Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:

• identifying, eliminating or controlling foreseeable risks
• ensuring designers carry out their duties
• Prepare and provide relevant information to other dutyholders.
• Liaise with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase.

Question 16

What are the duties under the CDM Regulations for Principal Contractors?

Answer 16

Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:

 liaising with the client and principal designer

 preparing the construction phase plan (PDF)

 organising cooperation between contractors and coordinating their work
Make sure:

 suitable site inductions are provided

 reasonable steps are taken to prevent unauthorised access

 workers are consulted and engaged in securing their health and safety

 welfare facilities are provided

Question 17

What are the duties under the CDM Regulations for Contractors?

Answer 17

Plan, manage and monitor construction work under their control so it is carried out without risks to health and safety.

For projects involving more than one contractor, coordinate their activities with others in the project team – in particular, comply with directions given to them by the principal designer or principal contractor.

For single contractor projects, prepare a construction phase plan.

Question 18

What are the duties under the CDM Regulations for Workers?

Answer 18

Workers must:

 be consulted about matters which affect their health, safety and welfare

 take care of their own health and safety, and of others who might be affected by their actions

 report anything they see which is likely to endanger either their own or others’ health and safety

 cooperate with their employer, fellow workers, contractors and other dutyholders

Question 19

What is contained within a Health and Safety File as provided following completion of a project?

Answer 19

The health and safety file should contain the information needed to allow future construction work, including cleaning, maintenance, alterations refurbishment and demolition to be carried out safely.

Question 20

Who is responsible for procuding a Health and Safety File under CDM?

Answer 20

• At the highest level, CDM Regulations place responsibility for producing a health and safety file with the principal designer. If the principal designer’s tenure finishes before the end of the project, the responsibility passes to the principal contractor. Once the project is complete, the file is passed to the client.
• The principal designer carries primary responsibility for preparing the health and safety file and is the one who is ultimately accountable to the client. As soon as possible, the principal designer should agree with the client on the file’s structure and format. From that point, the principal designer acts as coordinator, soliciting contributions to the file from the wider project team; in particular, the principal contractor. The principal designer is also responsible for reviewing and revising the information, ensuring that it is up-to-date at every stage of the project.
• The principal contractor provides the principal designer with information that should be included in the file. If the principal designer’s role finishes before the project ends, the principal contractor will take on their responsibility for the file, including passing it on to the client.

Question 21

What should be included in a Health and Safety File under CDM?

Answer 21

• Information on the work being carried out.
• Hazards that have not been eliminated through the design and construction phases and how they have been addressed.
• Background information on the asset’s structure and form and any limitations – e.g., safe working loads for floors and roofs, the location of utility services, etc.
• Any hazardous materials used (e.g., paints, special coatings, etc.) that will prove useful when maintaining or removing these substances or working in affected areas.
• Information, including as-built drawings, including safe means of access to service areas.

Question 22

What is the ‘safe person’ concept as referred to within Surveying Safely?

Answer 22

RICS considers the concept of a ‘safe person’ to mean that each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.

Question 23

What are the responsibilities imposed upon firms and surveyors by Surveying Safely?

Answer 23

Organisational responsibilities include:

• selection: everyone having, or being capable of developing, the job skills and competence to meet the demands of their work activities
• training: including providing knowledge about the potential hazards in a working environment
• information: providing staff with information about the risks and control measures associated with their working environment. This information may be generic in nature or it may relate to specific sites
• equipment: providing staff with equipment that is suitable for the purposes for which it is intended, and everyone understanding its use and limitations
• safe systems of work: these ensure that work activities are undertaken safely IP7 Surveying safely
• instruction: individuals must receive clear instructions, and receive supervision and expert support where necessary, relating to: – the work activities required – the operation of any equipment and – appropriate safe systems of work.
• supervision: supporting staff with clearly defined lines of communication and
• personal protective equipment (PPE): providing individuals with appropriate personal protective equipment that meets appropriate specifications.

Individual responsibilities include:

• performance: being competent to perform their work safely (including understanding the limits of their competence (skills, knowledge and experience))
• control: being able and prepared to work within accepted or designated systems of work
• adaptability: being able to recognise and adapt to changing circumstances at all times
• vigilance: remaining vigilant, at all times, for their own safety and that of colleagues and others
• awareness: being able to recognise their own abilities and limitations and
• teamwork: being an effective member of a team.

Question 24

Can you please run through some of the hazards and precautions to be considered by the contractor relevant to the works at The Matrix, Ripon?

Answer 24

• Removal of asbestos containing materials (roof sheets – dampening down of sheets and careful removal).
• Existing services (electricity and gas supply to be disconnected.
• Public right of way to be maintained and working areas cordoned off.
• Working at height.

Question 25

How did you ensure that the contractor had taken full account of the hazards at The Matrix, Ripon?

Answer 25

I ensured that the contractor provided risk and method statements for the works and that all information including the contractor’s construction phase plan was reviewed and accepted by the principal designer prior to works commencement.

Question 26

What does Part K of the Building Regulations refer to?

Answer 26

Protection from falling, collision and impact.

Question 27

You mentioned that the staircase at Trowbridge Farm was unsafe due to inconsistent rise heights and excessive gaps between spindles, can you please confirm what the requirements are under current Building Regulations?

Answer 27

• Riser heights should be between 150 and 220mm.
• the maximum spacing between spindles is 99mm: a 100mm sphere should not be able to pass between the widest point of the spindles.

Question 28

What is Legionnaires’ disease?

Answer 28

A potentially fatal form of pneumonia caused by legionella bacteria, released into the air by purpose-built water systems, e.g., air conditioning systems, evaporative condensers and hot tubs. Employers or those in control of premises must ensure that a specific risk assessment is carried out and systems are maintained correctly. This could include keeping water temperatures between 20°C and 45°C and regularly servicing systems.

Question 29

What is the difference between a hazard and a risk?

Answer 29

• A hazard is something which could cause harm.
• A risk is the likelihood of the harm happening.

Question 30

What are the typical steps included within a risk assessment?

Answer 30

• Identify the hazards;
• Identify who may be harmed and how they may be harmed;
• Evaluate the risks and decide on precautions to be taken;
• Record the findings and implement them;
• Review and update the risk assessment regularly;
• Advise those affected by the outcome of the assessment and methods of work, or other control measures necessary, to minimise or eliminate risk.

Question 31

What is the hierarchy of risk control?

Answer 31

• Eliminating – redesigning the activity or substituting a substance so that the hazard is removed, e.g. using a drone to avoid working at height;
• Substituting – replacing the materials used or the proposed work process with a less hazardous one, e.g. using pre-prepared components rather than cutting on-site;
• Engineering controls – using equipment or engineering controls to manage risk, e.g. using work equipment or other measures to prevent falls or separating the hazard from operators by enclosing equipment;
• Administrative controls – identifying and implementing procedures to work safely, e.g. reducing the need for lone working or ensuring that work is undertaken in daylight;
• Using PPE – only acceptable if the aforementioned measures cannot be used, e.g. emergency alarms could be provided where lone working cannot be avoided.

Question 32

What precautions may be taken for lone working?

Answer 32

• Taking a charged mobile and personal alarm;
• Planning an escape route;
• Implementing a call-back system with the office (e.g. a safe word);
• Making a daily schedule available to colleagues;
• Being careful in roof voids and when using ladders;
• Parking your car close by and keeping your keys on you;
• Making sure you know who you are meeting;
• Following your gut instinct;
• Understanding the site rules for construction sites;
• Being aware of aggressive occupants and dogs;
• Informing others of any medical conditions.

Question 34

At Trowbridge Farm, you mentioned suspected ACMs within the barns, how would CAR 2012 apply to the asbestos?

Answer 34

The barn buildings would be considered non-domestic and as such Regulation 4 (duty to manage) would apply.