Health & Safety Flashcards
What does the RICS Professional Standard: Surveying Safely 2018 set out?
- Basic, good practice principals for the management of health & safety
- At a corporate level and at the level of the individual RICS member
What topics are included in the RICS Surveying Safely 2018?
- Personal responsibilities for RICS members and firms
- Assessing hazards and risks
- Workplace health and safety
- Occupational hygiene and health
- Visiting premises and sites
- Fire safety
- Procurement and management of contractors
What must RICS Regulated Firms ensure they do?
- A safe working environment
- Safe work equipment
- Safe systems of work
- Competent staff
What is the concept of a ‘safe person’?
- RICS considers the concept of a ‘safe person’ to mean an individual assumes individual behavioural responsibility for their own, their colleagues’ and others health and safety at work
- Seeks to ensure that individuals accept responsibility for thier own actions adn they have the tools they need to do their job safely
What else is included in the Surveying Safely Professional Standard?
- Assessing hazards and risks
- Visiting premises and sites (to include travel arrangements, lone working, PPE)
- Tell someone where you are going and when you leave the building/site
- Wear appropriate protective clothing
- Consider whether safe to inspect alone and observe lone working arrangements
Please can you provide some legislation around health & safety?
Health & Safety at Work 1974
What is the Health & Safety at Work Act 1974?
- Duty to every employer to ensure the health, safety and welfare at work of all employees
- Polcied by the Health and Safety Executive as a criminal offence - with fines and/or imprisonment
- Must report injuries and dangerous occurences
- Must undertake, record and regularly review a risk assessment
- Detailed H&S information is to be held on site, usually in the Operations & Maintenance Manual
What is a hazard?
A hazard refers to anything that has the potential to cause harm
What is a risk?
The probability / likelihood that someone will be harmed
PPE at Work Regulations, 2022
Employer’s duty to ensure provision of appropriate PPE for employees and contractors
What is a risk assessment?
It is a legal requirement for organisations employing more than 5 staff, to carry out documented health and safety risk assessments of all of their significant hazards
Can you outline a risk assessment?
- Identify the hazards present
- Identify the people at risk from the hazards e.g. employees, contractors, visitors
- Evaluate the risk, considering the likelihood and severity of any accidents. Existing precautions in place should be identified and evaluted
- Record the findings on a suitable form
- Review the risk assessment regularly
- Advise all those affected of the outcome of the risk assessment and methods of work and precautions to minimise or eliminate risk
What is a method statement?
- It is a document that details the way a work task or process is to be completed and prior approved
- Should outline the hazards involved and include a step-by-step guide on how to do the job safely
- Must also detail which control measures have been introduced to ensure the safety of anyone who is affected by the task or process
What is needed before work is commenced?
A copy of the contractor’s all risks and public liability insurance
What is required for employers if they employ more than 5 employees?
Written health and safety policy document
What must the health & safety policy document contain?
- A policy setting out the organisation’s commitment to H&S
- Details of the organisation’s H&S structure, with roles and responsibilites for organising H&S
- A risk assessment setting the risks within the workplace and the preventative measures in place
- Details of the planning, implementation of the H&S policy and control measures
What is the ‘six pack’ of H&S Regulations?
- Management of Health and Safety at Work
- Display Screen Equipment
- Manual Handling Operations
- PPE at Work
- Provision and Use of Work Equipment
- Workpalce Health, Safety and Welfare
What is the purpose of the ‘six pack’ of H&S Regulations?
These regulations clarify how employers must comply with their duties under the Health & Safety at Work Act 1974
What is RIDDOR?
Reporting of Injuries, Diseases, and Dangerous Occurances Regulations 2013
What does the RIDDOR state?
- 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 plus 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
What does the Corporate Manslaughter and Corporate Homicide Act 2007 relate to ?
- Relates to gross breaches of a duty of care by a corporate body leading to a person’s death
- The penalties range from an unlimited fine, imprisonment and disqualification as a company director by a member of the ‘senior management team’
What does the Fire Risk Management Regulatory Reform (Fire Safety) Order 2005 state?
- Based on a risk assessment with emphasis on fire prevention
- Applies to non-domestic property
- The ‘Responsible Person’ is the employer, or occupier who controls the property
- Must have fire precautions in place following risk assessment
- Need for good record keeping
Can you name some reasonable fire protection measures?
- Fire detection and warning alarm system
- Fire-fighting equipment
- Safe exit routes
- Personal emergency evacuation plan
- Fire exit doors
When did the Fire Safety Act 2021 come into effect?
- Following the Hackitt Review (2018) it came into effect in Jan 2023
- It amends the Regulatory Reform (Fire Safety) Order 2005
What does the Fire Safety Act 2021 state?
- Applies to all residential premises in England and Wales
- Requires a responsible person to assess, manage and reduce the fire risks posed by the structure, external walls and any common areas of the building
- Allows the Fire Service to take enforcement action against responsible persons who fail to comply
- Ensuring evacuation plans are regularly updated
What are fire risk appraisals of external walls (FRAEW)?
- Need to be carried out on all multi-occupied blocks where appropriate to understand the responsible person’s obligations
- The FRAEW report must include an assessment of the external wall system
What are external wall systems (EWS)?
An EWS is made up of the outside wall of a building, to include cladding, insulation and fire breaks
What is an EWS1 form?
- Enables a “qualified professional” to confirm that an external wall system on residential buildings has been assessed for safety, in line with government guidance
- The criteria considers; the height of the building, type of cladding and presence of balconies
- Forms are valid for an entire building for 5 years but not every building requires one
- Look for updated RICS guidance
What does the Building Regulations 2022 state?
- This legislation is intended to enhance regulations for building safety and ensure residents have a stronger voice in ensuring safety in buildings
- Was granted Royal Assent in April 2022, will be enacted over the next two years as the secondary legislation is developed
What elements of The Hackitt Review does the Act implement?
- 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 construciton materials
- The requirement for new build developers to belong to a New Homes Ombudsman Scheme
What are the key provisions of the Building Safety Act 2022?
- Act has introducted the Building Safety Regulator which will oversee the safety and standards of all buildings, help and encourage professionals to improve their competence and lead the implementation of a new regulatory framework for high rise buildings
- The Building Safety Regulator is the Building Control Body
- The HSE is responsible for verifying building works to ensure that they meet the standards set out in building regulations, before providing a completion certificate
- New high rise residential buildings must now be registered before they are occupied
What does the Occupiers’ Liability Act 1957 state?
- The Act regulates the liability of occupiers and others for injuries caused to lawful visitors, as well as for damage caused to any goods, as a result of “dangers due to the state of the property or to things done or omitted to be done there”
- Trespasssers are covered
What does the Smoke-free (Premises & Enforcement) Regulations, 2007 state?
- Illegal to smoke in all enclosed and substantially enclosed public places
- ‘No smoking’ signs must be displayed
- Local authorities enforce the law
What are the penalties for not complying with the Smoke-free Regulations 2007
Penalties range from fixed penalty notice (£50) to maximum fine of £2,500
What is the Defective Premises Act 1972?
- This Act imposes an obligation on the landlord to ensure that the premises comply with its requirements
- Landlord are required to make a building safe and to keep it in a safe condition
What does Section 4 of the Defective Premises Act 1972 state?
States that the landlord 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
What are the periods of liability under the Building Safety Act 2022?
15 years after a claim arising (used to be 6 years)
What is asbestos?
- Asbestos is an insulating material which can cause serious health problems and fatal diseases
- If left undamaged and undisturbed, it poses no risk
- However, when disturbed or damaged it can release very small toxic fibres which can lodge in the lungs and cause illness
How many properties contain asbestos?
Over 4 million in the UK
How many deaths does asbestos cause?
5,000 deaths per annum
What are the 3 types of asbestos?
- Brown (amosite) - banned in 1985
- Blue (crocidolite) - banned in 1985
- White (chrysolite) - been an illegal material in the UK since 1999
Is there a duty to manage asbestos?
Yes there is a statutory duty to manage existing asbestos in commercial buildings
What key legislation relates to asbestos?
- The Control of Asbestos Regulations 2012
- Non-compliance is a criminal offence
- There are two separate obligations: ‘duty holder’ and ‘employer’
What is a duty holder?
A duty holder is the owner of the premsies if vacant or a tenant if holding a reparing lease
What are the two types of asbestos survey?
- Management Survey
- Refurbishment/demolition survey
What is a management survey?
- To locate, assess and advise on its management during occuation and use of premsies
- No sampling of materials or analysis is undertaken
What is a refurbishment/demolition survey?
- Required where the premises, or part of it, need upgrading, refurbishment or demolition
- Samples of materials suspected of containing asbestos are taken and analysed
The 5 steps to take for identifying asbestos?
- The duty holder must assess whether the premises contain asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos
- Assess the risk & produce an asbestos management plan - is encapsulating / removal needed?
- Produce an asbestos register
- Make the register available to all relevant parties who might disturb it
- Review the register regularly (HSE recommend 6 monthly)
What fines does the Health & Safety Act 2008 impose?
Enables fines to a maximum of £20,000 and the possibility of 12 months’ imprisonment for many offences
What are the key messages from the RICS Professional Standard: Asbestos 2021
Contains a comprehensive overview of the law and industry guidance for asbestos. It sets out best practice for property professionals to comply with the law and includes:
* Details of common asbestos-containing materials
* How to commission an asbestos survey
* Suggested contents of an asbestos management plan
What does the Contructions (Design and Management) (CDM) Regulations, 2015 state?
- It is a criminal offence, policed by the Health & Safety Executive (HSE) to breach CDM Regulations
- Aim is to improve the management and coordination of H&S at all stages of a construciton project
What are the key parts of the CDM Regulations 2015 legislation include?
- There are three main duty holders: The Client, Principal Contractor and a H&S file
- All projects 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 arrangement
- There is a need for a risk aassessment
- A Construction Phase Plan is required for all projects
The HES must be notified in a F10 form if a project … ?
- Lasts longer than 30 construction days
- More than 500 ‘person’ days of construction work
- Involves demolition
What must a CDM file do?
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
What are the statutory obligations fo a commercial property owner?
- Asbestos management
- Contamination
- Equality Act 2010 compliance
- EPCs
- Fire safety
- Building safety
- H&S
- Occupiers’ liability
- Waste management
How would you check your hard hat is still in date?
Look for a date stamp on the inside of the hat which indicates the date of manufacture, and then compare that to the manufacturer’s recommended replacement timeframe, typically 2-5 years
