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Health & Safety - General and Summary Of Experience Flashcards

1
Q

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

A

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.

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2
Q

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

A

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
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3
Q

What does RICS Surveying Safely (2018) note?

A

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
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4
Q

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

A
  • Cladding (Grenfell Tower)
  • Working at Height
  • Houses in Multiple Occupation.
  • Non-competent staff
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5
Q

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

A

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.

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6
Q

What TWO types of Asbestos Survey’s are there?

A
  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.
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7
Q

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

A

(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

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8
Q

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

A

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.

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9
Q

What are the three types of Asbestos?

A

Brown (Amosite), Blue (Crocodolite) and White (Chrysotile). White Asbestos has been illegal since 1999, all other were banned in 1985.

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10
Q

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)?

A

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

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11
Q

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

A

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

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12
Q

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

A
  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.
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13
Q

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

A

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.

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14
Q

What happens if an Employee is injured at Work?

A

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.

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15
Q

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

A
  • 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
  • Need for good record keeping.
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16
Q

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

A

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.

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17
Q

Explain the Fire Safety Act 2021?

A

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.
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18
Q

What are the amendments in the Building Safety Act 2022?

A

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

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19
Q

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

A
  • 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.
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20
Q

What must landlords do to ensure accessibility to their property?

A

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.

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21
Q

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

A

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

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22
Q

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

A

The Defective Premises Act 1972

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23
Q

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

A
  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
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24
Q

What is your company’s lone working policy?

A

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

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25
In relation to your Hawkspur Green example, how were you aware of the uneven ground and overbearing trees?
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.
26
Can you explain a simple outline of a risk assessment?
1. Identify the hazards. 2. Identify the people at risk from hazards. 3. Evaluate the risk. 4. Record findings. 5. Review regularly. 6. Advise.
27
Where would you find RICS requirements for Health & Safety?
RICS SURVEYING SAFELY (2ND EDITION) PROFESSIONAL STANDARD
28
What does Surveying Safely provide?
Guidance on best practice.
29
Do you have to follow the guidelines in RICS Surveying Safely?
It will keep you safe and should provide a partial defence in an allegation of professional negligence.
30
What were some of the changes made in the 2nd Edition of Surveying Safely?
Update to CDM Regulations Update to H&S sentencing guidelines Increased awareness of ‘health’ aspect e.g. asbestos Safe person concept.
31
What is a ‘safe person’ under Surveying Safely?
Individual who takes responsibility for their own actions.
32
How would you find out about your firm’s H&S requirements?
Check the H&S policy Speak to your line manager Speak to HR Check on the company intranet
33
What is the key H&S legislation?
Health & Safety at Work Act 1974
34
What is the general duty on employers under the H&S at Work Act 1974?
To ensure health, safety and wellbeing of employees and other affected persons is not at risk, so far as is reasonably practicable.
35
Can a director/manager be found guilty under the H&S at Work Act 1974 if a company’s breach was committed with their consent, connivance or neglect?
Yes
36
What does the duty of employers include?
Maintaining and providing equipment Safe systems of work Providing safe premises
37
What are the penalties under the H&S Act 1974?
Unlimited fine Up to 2 years imprisonment (or more for corporate or gross negligence i.e manslaughter charges) Directors disqualified for up to 15 years.
38
What should an employers H&S policy include to comply with their duties under the H&S at Work Act 1974?
Line management structure (leading from the top) Clear accountability, policies and procedures. Risk Assessment Staff training Adequate resources Appropriate insurance .
39
What is PPE?
Personal Protective Equipment
40
What are examples of PPE?
Hard Hat Face masks Overalls Ear Defenders Steel capped shoes.
41
What are your individual responsibilities under the H&S at Work Act 1974?
Take responsibility for own H&S and that of anyone under your supervision. Co-operate with employer to minimise risk to self, colleagues and others potentially affected by actions. Report actual or perceived breaches in good time. Carry out risk assessment Wear PPE Undertake staff training
42
It is a criminal offence to intentionally or recklessly interfere or misuse anything provided in the interest of H&S?
Yes
43
What happened in the case of Suzy Lamplugh (1986)?
Estate agent who went missing after going to meet an unknown client - importance of lone working procedures.
44
What is a hazard?
Something with potential to cause harm.
45
What is a risk?
Likelihood of harm being realised.
46
What is asbestos?
Naturally occurring rock mineral with heat & fire resisting properties.
47
When were the Control of Asbestos Regulations last updated?
2012
48
What is the current RICS guidance relating to asbestos?
Guidance Note Asbestos: legal requirements and best practice for property professionals and clients UK 4th edition.
49
When was asbestos banned in the UK?
1985 (Brown & Blue) 1999 for chrysotile asbestos (white)
50
Why is it important to know when asbestos was banned?
You can warn clients of the potential risk of its presence. You can recommend specialist advice by an asbestos surveyor. If you know a building’s age, you can include the asbestos risk in your desktop inspection.
51
Why is asbestos harmful?
If inhaled it can cause lung-related disorders (asbestosis)
52
Under the asbestos regulations, who is the duty holder?
Person responsible for maintaining the property.
53
What should you do if you suspect asbestos is present on a site inspection?
Don’t disturb it, inform the client and recommend specialist advice.
54
Who is responsible for asbestos in a multi-let building?
It may be shared the landlord and tenant.
55
How can you comply with the asbestos regulations?
Appoint a responsible person. Assess risk to form the basis of an asbestos management plan. Keep an asbestos register.
56
Can anymore remove asbestos?
No, you have to be a licensed contractor.
57
When should you review your asbestos plan?
6 monthly or after refurbishment, change of use or changes in company procedure.
58
What is Legionnaires disease?
Potentially fatal form of pneumonia caused by legionella bacteria dispersed into atmosphere.
59
What regulation do you need to comply with when undertaking building, civil engineering or engineering construction work?
CDM Regulations 2015
60
Which of these parties have duties under the CDM Regulations?
Clients Principal contractors Designers Principal designers Principal contractors Contractors Workers
61
What changes were made to CDM in 2015?
Simplification to make the regulations easier to read. Approved Code of Practice (ACOP) replaced with targeted guidance. CDM coordinator replaced with new role of principal designer Splitting competence assessment into component parts of skills, knowledge, training and experience. Removing exemption for domestic clients. Changing threshold for appointment of coordinators.
62
When must HSE be notified of a project?
Construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any points. Or exceed 500 person days.
63
What is occupational health?
Promotion and maintenance of physical and mental well-being of all staff.
64
Which of these examples of hazardous substances?
Pesticides Lead paint dust Industrial solvents Engine exhaust fumes Spores and dust from decomposing vegetation.
65
Would you enter a construction site without a site induction?
No
66
What legislation covers fire safety?
Regulatory Reform (Fire Safety) Order 2005 Fire Safety Act 2021
67
What duties exist under the Regulatory Reform (Fire Safety) Order 2005?
Employer Implement fire safety measures Keep sources of ignition and flammable substance Ensure good housekeeping at all times e.g. don’t let rubbish build up. Have the correct fire-fighting equipment Keep fire exits and escape routes clearly marked and unobstructed Ensure employees receive appropriate training Review and update your risk assessment.
68
What is the aim of the Building Safety Act 2022?
To establish a legal framework for building safety both during design and construction.
69
Explain how you ensure your personal safety on site?
Adhere to the building H&S pack. Wear necessary PPE throughout being on site. Undertake Risk Assessment prior to visiting site Fully charged mobile phone Ensure colleagues are aware of my whereabouts and timings for returning to the office.
70
Explain how you ensure the security of personal possessions on site?
Bring a rucksack or bag, put personal possessions in the bag and lock in a vacant office. Have my possessions on my at all times if cannot store away.
71
Tell me about how you ensure good health & safety practices whilst on site?
Refer to and comply with the RICS Surveying Safely. Clear communication to other surveyors or professionals on site. Refer to the risk assessment before and during site inspections. Listen carefully to Health & Safety Surveyor or senior professional if on another site.
72
Tell me when you have used PPE on an inspection?
Steel Toed Boots, hard hat and high vis jacket on a land inspection. Face mask for inspecting occupied units post COVID. Googles and Science Jacket when entering a lab facility.
73
What would you do if you suspected asbestos existed on a site inspection?
Stop work immediately Ensure nobody enters the area Report to the duty holder If duty holder is me, do not disturb, have a sample properly tested to asbestos management firm. Management Survey Record clearly where asbestos is located. Update Management Plan Inform occupiers, client, clearly label asbestos if undisturbed.
74
Tell me about any specific precaution you would take when inspecting a dilapidated property?
Before attending site, undertake a pre assessment of the hazards and risks that are likely to be encountered, pre-assessment to include the requirement for appropriate PPE equipment. Take necessary & requirement PPE with you. Inform other parties of PPE to bring. Safety briefing before entering the premises. Do not allow anyone who hasn’t brought correct PPE to enter.
75
What hazardous materials have you come across in your work?
I have come across hazardous materials when inspecting a laboratory. Chemicals were controlled safely by professionals who occupied the space. I have come across asbestos which was undisturbed and clearly labelled & included in the H&S file on site.
76
East Ham - How did you communicate clearly with your colleagues to let them know your whereabouts?
WhatsApp Group Chat with all colleagues involved. Clear Diary/Calendar Event Scheduled. Informed colleagues before leaving.
77
Other than a fully charged phone - what else did you take with you on the inspection.
Notebook iPad Disto Laser Pen Steel Toed Boots Hi Vis in rucksack Rucksack.
78
What else did you do to prepare for the inspection?
Assess Hazards & Likely Risks I could face. Reviewed the H&S File including FRA.
79
Hawkspur Green - How did you ensure your safety and the developers safety during the inspection?
Clear communication prior to the inspection on what PPE equipment needed to be brought alone to site. Information on parking, travelling to and from site. Weather Conditions, Condition of the land.
80
What is the structure of RICS Surveying Safely 2018
1. Personal Responsibilities for RICS members and firms 2. Assessing hazards and risks 3. Workplace Health & Safety 4. Occupational hygiene and health 5. Visiting premises and sites 6. Fire Safety 7. Residential property surveying 8. Procurement and management of contractors.
81
How do you ensure you comply with the H&S at Work Act 1974?
Regularly review in house H&S file. Update regular reporting Regularly review fire and workplace risk assessment and acting on all recommendations and requirements.
82
What are the penalties for non compliance of H&S at Work Act 1974?
Fines - unlimited or imprisonment for up to 6 months. Up to 2 years imprisonment for serious breaches.
83
Tell me about your company’s health & safety policy?
Managed by director, clearly visible in the office and on company drive. Sets out companies responsibility for all employees and employees responsibility. Assesses hazards and risks in the workplace. Fire evacuation plan.
84
Tell me something you understand from RICS Surveying Safely?
Safe Person Concept - each individual assumes individual behavioural responsibility for their own, then colleagues and other’s health and safety.
85
What legislation are you aware of in relation to asbestos?
Control of Asbestos Regulations 2012
86
How does Asbestos cause lung damage?
Small toxic fibres lodge in lungs for years causing illness.
87
Explain key principles of the new RICS Guidance relating to Asbestos
RICS Guidance Note Asbestos : Legal Requirements and best practice for property professionals and clients, 4th Edition, May 2021 Intended to assist members and firms in the normal course of their duties, to ensure that they and their clients comply with UK legislation and that no one is put at risk from asbestos. Key Principles; what is asbestos, regulation & guidance, mitigation of risk to surveyors and clients, different survey types.
88
Explain what RIDDOR is?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 Set of H&S regulations that require employees and those in control of premises to report specific types of workplace accidents, occupational diseases and dangerous occurrences.
89
Why might you tag scaffolding?
To clearly communicate its safety status and any necessary restrictions to workers.
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APC REVISION (22 decks)

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