Health & Safety Flashcards
RICS Surveying Safely 2018
- RICS Regulated Firms must ensure they provide a safe working environment, safe work equipment, safe systems of work, competent staff
- RICS considers the concept of a safe person to mean each individual assumes responsibility for themselves, colleagues and other h&s whilst at work
- ensure individuals responsibility for own actions and that they have tools they need to do their job safely
- a requirement for updated personal and corporate responsibilities for property professionals (law and employers liability insurance)
- legal considerations and duties for employers and employees to include advise on asbestos
- advice on health well-being and mental health
- updated advice on fire safety
- audit template provided to assist surveyors
- occupational health (eg stress and bullying)
- consider precautions and potential hazards/risk assessments (refer to companys own requirements)
- wear appropriate protective clothing
- tell someone where you are going
- sign in and out of buildings
- lone work arrangements, is it safe to work alone?
RICS Action and Advice following the Grenfell Tower fire
- importance of robust fire risk assessments for their properties and issued advice to surveyors from July 2017 onwards
- RICS issued guidance on existing high-rise buildings fire saefty in October 2017 and there is other information regularly being updated on RICS webstie regarding such issues as ban on high rise conbustible classing and internationa; fire standards to help property professionals on where to seek fire safety assistance and advice
Health & Safety at Work 1974
- duty to every employer to ensure health, safety and welfare at work of employees
- policed by the Health and Safety Executive (HSE) as a crimninal offence with fines and or imprisonment
- must report injuries and dangerous occurences (1995 occurrences)
- must undertake, record and regularly review risk assessment (1999 regulations)
- a hazard refers to anything that has potential to cause harm eg wet floor
- probability/likelihood that someone will be harmed is called a risk (eg risk of falling over n wet floor)
- details H&S information is to be held on sit, usually in operations and maintenance manual
Risk Assessment
- legal requirement for organisations employing more than 5 staff to carry out risk assessment for any signifianct hazards
- 5 steps:
1. identify hazard present
2. identify people at risk from hazard eg. employees contractors visitors
3. evaluate risk, consider likelihood and severity of accidents. extra controls in place should be identified and evaluated
4. record findings on suitable form
5. review risk assessment regularly
Method Statement
a document that details the way a work task or process is to be completed to be prior approved
- should outline hazards involved and include step by step guide on how to do the job safely
- must detail which control measures have been introduced to ensure safety of anyone affected by task or process
Public Liability Insurance
copy of contractors all risks and public liability insurance needed before work commences
Preparation of written health and safety policy document
- required for employers who employ more than 5 employees
writen document which must contain following 4 points:
1. policy setting out organisations commitment to H&S
2. details of organisations H&Sstructure with roles and responsibilities for organising H&S
3. risk assessment setting the risks within the workplace and preventative measures in place
4. detils of the planning, implementation of the H&S policy and control measures
6 Pack of H&S Regulations
Group of 6 regulations introduced on 1st Jan 1993 covering various key aspects of H&S compliance
- Management of Health and Safety at Work
- Display Screen Equipment
- Manual Handling Operations
- PPE at Work
- Provision and Use of Work Equipment
- Workplace Health, Safety and Welfare
Fire Risk Management Regulatory Reform Order 2005
- based on a risk assessment with emphasis on fire prevention
- applies to non-domestic property in England and Wales
- ‘responsible person’ is the employer or occupier who controls the property or if property vacant, the owner
- need for good record keeping (risk assessment, fire policy, fire procedures, staff training)
- regular review of assessments required and recorded
- reasonable fire prevents eg fire detection and warning alarm system, fire-fighting equipment, safe exit routes, personal emergency evacuation plan, emergency lighting and signage and suitable fire exit doors
- IFFS supported by RICS and provide global consistent high-level principles for fire safety
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
- trigger date for reporting injuries is over 7 days incapacitation
- such injury must be reported to HSE within 15 days of date of accident
- all employers must also keep a record of all 3-day plus injuries
- information can be kept in accident book which must be kept for minimum 3 years after occupational accident or injury
Corporate Manslaughter and Corporate Homocide Act 2007
- act realtes to gross breach of duty of care by a corporate body which leads to a persons death
- penalties range from unlimited fine, imprisonment and disqualification as a company director by member of senior management team
Occupiers Liability Act 1957
- act regulates liability of occupiers and other for injuries caused to lawful visitors, as well as damage cause to any goods, as a result of dangers due to stae of property or due to things done or omitted to be done there
- common duty of care is imposed to lawful visitors
- occupiers and landlords / anyone else who has control over premises are responsible
- duty on those in occupation or control of premises is to take care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’
Asbestos
- asbestos is an insulating material which can cause serious health problems and fatal diseases
- left undamaged and undisturbed, it poses no risk to health. however, when disturbed or damaged, it can release very small toxic fibres which can lodge on lungs and cause illness
- HSE estimate that 4m UK properties have asbestos and cause 5k deaths a year
- 3 types of asbestos are brown (amosite), blue (crocidolite), and white (chrysotile)
- white asbestos iillegal in UK since 1999 others banned in 1985
- statutory duty to manage existing asbestos in commercial buildings
- key legislation: Control of Asbestos Regulations 2012 (non-compliance is a criminal offence)
- 2 seperate obligations to duty holder and employer
- duty holder is owner if vacant or tenant if holding a repairing lease
- purpose of survey to make a materials assessment
- non-licensed work with asbestos needs to be notified to HSE
- brief written records should be kept for notifiable non-licensed work
- 2 types of survey are management (no samples of materials taken) and refurbishment/demolition (samples of materials suspected of containing asbestos are taken and analysed)
- duty holder must undertake risk assessment
- all works must be undertaken by licensed contractor
- asbestos register must be produced and reguarely updated
- newly constructed building needs architect certificate to confirm no asbestos in building
- Health & Safety (offences) act 2008
Steps for Asbestos
- duty holder must assess whether premises contains asbestos and if so, where and what condition it is in. if in doubt, materials must be presumed to contain asbestos
- assess the risk and produce plan to manage asbestos, do any areas need encapsulated or removed
- produce asbestos register
- make register available to all relevant parties who might disturb it
- review register regularly (HSE recommended 6 monthly)
Disability Discrimination and the Equality Act 2010
- obligations for all controllers of let premises
- unlawful for those managing buildings to discrimante against of victimise occupier
- lettings, sales, assignments and other disposal cannot be done in a way that can discriminate or harass a person
- make reasonable adjustments to help disabled people if they would be placed at signif disadvantage if work not carried out
- landlords need to ensure all dealings with tenant or occupier who could have a protected characteristic are dealt with in accordance with Acts provisions
- service providers have duty to make alterations to a building so to avoid disability discrimination or make alternative provision of the service
- must be reasonable (cost, extent, disruption)
- need for access statement/audit of all properties, setting out details of access arrangements and alternative arrangements if access cant be reasonably provided for disabled person
- most requirements embedded in part M of building regulations
- if there is an obstacle for disabled person, service provider must either remove feature, alter it, provide reasonable means of avoiding obstacle, provide reasonable alternative access to service
- reasonableness includes effectiveness of adjustment for disabled person, practicality of adjustment, fiancial cost and likely disruption, financial and other resources available to service provider