Health & Safety - General and Summary Of Experience

Question 1

What Piece of Legislation Governs Health and Safety in the Workplace? And who enforces it?

Answer 1

Health and Safety at Work (1974), which is adjudicated by the Health and Safety Executive (“HSE”). It’s a criminal offence and can be punished with fines and imprisonment.

Question 2

What is the key document that the RICS has published on Health and Safety?

Answer 2

Surveying Safely (2018), the Guidance Note considers:

• Responsibilities for firms and Member
• Assessment of hazards and risks
• Workplace health and safety
• Occupation health and hygiene
• Inspections
• Fire safety
• Residential property surveying (links to separate specific note on residential)
• Procurement and management of Contractors

Question 3

What does RICS Surveying Safely (2018) note?

Answer 3

It notes that firms must ensure they provide a safe working environment, competent staff. Each individual assumes individual responsibility for their own and others health and safety. Includes other advice such as:

• How to assess hazards and risks
• Occupational health such as stress and bullying
• Visiting sites and premises – must wear suitable PPE, check dated tags on scaffolding and wear appropriate protective clothing

Question 4

What issues can affect the health and safety of the general public?

Answer 4

• Cladding (Grenfell Tower)
• Working at Height
• Houses in Multiple Occupation.
• Non-competent staff

Question 5

What do you have to do if you discover Asbestos in a property?

Answer 5

Under the Control of Asbestos Regulations (2012), you would carry out a risk assessment, identifying if any of the asbestos needed containment or to be removed. If it did, you would arrange for a licenced contractor to come and remove it.

Question 6

What TWO types of Asbestos Survey’s are there?

Answer 6

1. Management Survey - that identifies the location of the asbestos and how to manage it during normal occupation and use of the building.
2. Refurbishment / Demolition Survey - this is required when the premises is undergoing works. Samples of suspected material are taken and analysed. Recommendations are made regarding their management.

Question 7

What do The Control of Asbestos Regulations (2012) say are the five steps for the duty holder in managing asbestos?

Answer 7

(1) Assess whether premises Contains asbestos, the location and condition of it.

(2) Assess Risk of it

(3) Create an Asbestos Register

(4) Make that register Available

(5) Review that register regularly.

THINK C-R-R-A-R

Question 8

How, and under what regulations can a Surveyor be Punished for Dealing with Asbestos Inappropriately?

Answer 8

Under the Health and Safety (Offences) Act 2008, a surveyor dealing with asbestos can face a maximum fine of £20,000 and a potential 12-month prison sentence. More serious offences can be tried in higher courts where fines and sentences are not limited.

Question 9

What are the three types of Asbestos?

Answer 9

Brown (Amosite), Blue (Crocodolite) and White (Chrysotile). White Asbestos has been illegal since 1998, all other were banned in 1985.

Question 10

If you have a firm with more than 5 people, what do you need to ensure you have from a Health & Safety Perspective, according to Health and Safety at Work (1974)?

Answer 10

You need a written Health and Safety Policy, and you have to carry out a risk assessment of the office.

Question 11

What do you require from a contractor prior to them undertaking works at your office?

Answer 11

A Copy of their all risks and public liability insurance policy.

Question 12

What other documents are of note in relation to H&S?

Answer 12

1. A method statement - details way a work task is to be completed and outlines hazards involved.
2. Public Liability - Copy of contractor’s all risk and public liability insurance is needed before works commence.

Question 13

What is required in preparation of written health & safety policy document?

Answer 13

Policy setting out organisations health and safety commitments

Details of H&S Structure

Risk assessment outlining risks within workplace and preventative methods

How will these be implemented.

Question 14

What happens if an Employee is injured at Work?

Answer 14

Following guidance in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (1995), any injury that incapacitates the worker for more than 7 days should be reported. This should be report to the HSE within 15 days of it occurring. All injuries of over 3 day incapacitation, should be kept logged in an injuries book for at least 3 years.

Question 15

Outline some key aspects of the Fire Risk Management Regulatory Reform Order 2005?

Answer 15

• Risk assessment with emphasis on fire prevention
• Non domestic property in England and Wales
• Highlights the fire precautious in place, review of assessments required, good record keeping

Question 16

What report was published after Grenfell and when as it published?

Answer 16

The Hackitt report, published May 2018. Now a ban on the use of combustible cladding on buildings over 18 metres tall. Likely to be an amend to the 2005 Fire Safety Order in relation to residential premises in multiple occupancy.

Question 17

Explain the Fire Safety Act 2021?

Answer 17

Following Hackett Review, Fire Safety Act reformed the Fire Risk Management Regulatory Reform Order 2005.

• Requires all responsible people to assess fire risks posed by structure, external walls and common areas of residential buildings
• Allows Fire Service to act against those who do not comply
• Requires: regular inspection of lifts, updated evacuation plan, residentials provided with fire safety instructions.

Question 18

What are the amendments in the Building Safety Act 2022?

Answer 18

The Building Safety Act strengthens: the accountability and duties for those responsible for the safety of high-rise buildings.

Question 19

What has been the RICS’s response following the Grenfell disaster and what is their stance on fire safety?

Answer 19

• July 2017 – The RICS advised its member on the importance of fire risk assessments for their properties.
• October 2017 - the RICS issued advice on fire safety in high rise buildings specifically.
• May 2018 - The Hackitt Review
• July 2018 - Started the International Fire Safety Standards Coalition.
• September 2018 - ban on combustible cladding on residential buildings above 18m.
• March 2019 - Lobbied alongside associations such as RIBA (Royal Institute of British Architects) to make sprinklers compulsory in residential buildings.
• September 2019 - Published a public guide on fire safety.
• April 2021 – Change in wording on PII to provide greater fire safety cover.

Question 20

What must landlords do to ensure accessibility to their property?

Answer 20

Under the Disability Discrimination and Equality Act (2010), Landlord’s must not discriminate or victimise an occupier. There is an obligation to make reasonable adjustments for disabled people, who would be at a serious disadvantage were these adjustments not made.

Question 21

Under which law can I not smoke at my desk? What are the penalties to landlords?

Answer 21

The Smoke-free (premises & enforcement) Regulations (2007) The local authority can fine you a fixed penalty of £50 up to £2,500.

Question 22

Under which Act are Landlord’s Responsible for keeping Premises in Good (Safe) Working Order?

Answer 22

The Defective Premises Act 1972

Question 23

What are the TEN Statutory Obligations of a Commercial Property Owner?

Answer 23

1. Asbestos Management
2. Contamination
3. Disability and discrimination
4. Energy Performance Certificates
5. Fire Safety
6. Health and Safety
7. Legionnaires Disease
8. Occupiers Liability
9. PAT Testing
10. Waste Management

Question 24

What is your company’s lone working policy?

Answer 24

You have to take a mobile phone that is charged and set a calendar note in your diary saying where you are.

Question 25

In relation to your Hawkspur Green example, how were you aware of the uneven ground and overbearing trees?

Answer 25

In accordance with RICS Surveying Safely, I prepared a dynamic risk assessment prior to inspecting and provided detailed notes to visitors which included the risks I had identified.

Question 26

Can you explain a simple outline of a risk assessment?

Answer 26

1. Identify the hazards.
2. Identify the people at risk from hazards.
3. Evaluate the risk.
4. Record findings.
5. Review regularly.
6. Advise.