Legal & Regulatory Flashcards
1
Q
Scotts Park - What areas of work did you specify to be tested for asbestos?
A
- Gaskets to aged rooflights
- Cementitious grouting around high level windows
- External cladding boards
- All layers of the roof build-up:
o Bituminous felt
o Paper membrane
o Polystyrene insulation
2
Q
SP - What did you include within your pre-construction information?
A
- Details of the project team and description of the project
- Client’s considerations and management requirements
o Structure & organisation – e.g. fortnightly site meeting to discuss H&S, minimising accidents / injuries, hot works permit, site rules, nearest hospital, etc. - Existing on site risks
o Boundaries & access, adjacent land use, existing hazards, location of services - Significant design & construction hazards
o Securing of the site, manual handling, working at height, asbestos - H&S file – general guide of contents
o Brief description of work carried out
o Managing residual risks (e.g. asbestos, location of services)
o Including insurance-backed guarantee
o Potential hazardous materials – e.g. hazardous substances, lead paint - Method statements
o Working in / above occupied building
o Working at height
o Hot working
o Replacing rooflights
o Asbestos
o Noise / dust / vibration
3
Q
SP - What did you advise on RAMS?
A
- Working in / above occupied building:
o Secure site area with fencing / barriers
o Secure tools within site area in locked container
o Materials safely stored in locked container
o DBS Enhanced details of all operatives issued to client recorded on file
o Photo ID carried at all times
o Daily monitoring & house-keeping - Working at height
o Scaffold access tower with perimeter handrail – checked weekly
o Brick guards / debris netting
o Fenced off drop zones
o Access ladders secured at the end of each day - Hot works
o Hot work permit checked / recorded daily
o Fire extinguisher held in hot work areas
o 1 hour fire watch after each working day
o Gas canisters secured in container each night
o Check torch free zones within spec before commencing - Replacing rooflights
o Lock off / secure area below
o Cover opening with 18mm ply
o Prepare timber kerbs in safe place away from opening
o Crash deck / mobile tower provided below rooflight
o Regularly check area below is secured / locked off - Manual handling
o Operatives to receive training
o Mechanisms to lift & shift – barrow / hoists
o Task rotation with other operatives
o Safety boots & gloves worn
o Check access routes are safe and ground OK to walk on - Asbestos
o R&D undertaken before works commence
o Existing asbestos register checked
o Asbestos awareness training taken yearly
o Method statement includes asbestos info
o Site inductions undertaken
o Stop works IMMEDIATELY if asbestos suspected - Noise / dust / vibration
o Screen work area – debris netting / monoflex
o Tools with noise / dust suppression features
o Eye and ear protection
o Face mask and anti-vibration gloves
o Windows / doors kept closed
o AC units switched off
o Frequent breaks and rotate work
4
Q
SP - What PPE were the operatives required to wear?
A
- Hard hats, hi-vis, safety boots, gloves, face mask & eye protection
5
Q
SP - What works were the operatives doing when the works were stopped?
A
- Operating hot torches without wearing gloves, hi-vis or safety goggles
6
Q
SP - Where was the site foreman?
A
- In the site hut on the phone
7
Q
SP - Where was the site foreman?
A
- In the site hut on the phone
8
Q
What is the purpose of the Health and Safety at Work Act 1974?
A
- Defines fundamental structure and authority to encourage, regulate and enforce workplace, health, safety & welfare within the UK
- Securing health, safety and welfare of persons at work
- Protecting person, other than those at work, against risks to H&S arising out of the activities of persons work
- Controlling the use of explosive, flammable or otherwise dangerous substances and preventing unlawful acquisition, possession and use of such substances
9
Q
What are the duties of employers under the H&S Act 1974?
A
- Provision / maintenance of plant and systems so far as is reasonably practicable
- Ensuring safety and absence of risks to health in use, handling, storage or transport of articles / substances
- Provision of instruction, training and supervision to ensure H&S of employees
- Maintenance of access / egress
- Provision / maintenance of working environment for employees without risks to H&S, and arranging for appropriate welfare
10
Q
What was the purpose of the building act 1984?
A
- Primary enabling legislation under which the building regulations are made, empowers the secretary of state to make regulations.
- Oblige local authorities to enforce the regulations
- Creates the role of approved inspector
11
Q
What is the process for appointing approved inspectors?
A
- To ensure works undertaken are in line with building regulations
- To typically receive quicker responses / inspections than directly with the local council
- Typically are cheaper than directly with the local council
12
Q
Coopers - Why did you advise a planning application was required?
A
- Grade II listed and within a conservation area
13
Q
Coopers - What was the change of use?
A
- Change from residential (caretaker’s flat) to an office space for expanding admin team
- C3 (residential) to mixed use / school use
14
Q
Coopers - What did the planning application involve?
A
- Applicant name and address, agent name and address (I acted at the agent)
- Description of the proposed works
- Site address details
- Pre-application advice
- Pedestrian and vehicle access, roads and rights of way
- Waste storage and collection
- Authority employee / member
- Demolition
- Listed building alterations
- Listed building grading
- Vehicle parking
- Materials
- Existing use
- Design & access statement
15
Q
Coopers - What did you include in your design and access statement?
A
- Location of site
- Physical context
o Adjacent roads, location within Bromley, adjacent buildings on the site
o Original use of the building – Coach House for the estate’s horses - Heritage context
o Listed as Grade II in 1954
o “Now a girl’s school. Mansion built by Francis Cooper dating in C18, additions in C19, painted string course on road front, doorway with pilaster strips and cornice
o Conservation area – Chislehurst – C18 village, affluent Victorian / Edwardian suburb - Significance
o Originally built in C18 by Francis Cooper, converted into girl’s school in 1939
o Located between Chislehurst Common and National Trust Hawkwood Estate, above Chislehurst Caves
o Became Coopers School in 1969m allowing intake of boys - Proposals
o Change of use from residential to offices – converting first floor from caretaker’s living area to 4no. offices
o Installation of 2no. WCs into ground floor store rooms
o Installation of LED lighting throughout and new plumbing channels for WCs
o New kitchenette on first floor for office staff
16
Q
What are the six pack regulations?
A
- Management of Health and Safety at Work Regulations
- Provision and Use of Work Equipment Regulations
- Manual Handling Operations Regulations
- Workplace (Health, Safety and Welfare Regulations)
- Personal Protective Equipment (PPE) Regulations
- Display Screen Equipment (DSE) Regulations
17
Q
You identify site operatives not using PPE, What do you do?
A
- Immediately request they stop working and move to a safe area
- Instruct the site manager to undertake a toolbox talk on the requirement for PPE
- Ensure the risk assessments and method statements are understood by the operatives undertaking the work.
18
Q
What is RIDDOR?
A
- Reporting of Injures, Diseases and Dangerous Occurrences Regulations 2013
19
Q
When should a RIDDOR report be submitted?
A
- Death of any person
- Specified injuries to workers i.e. fractures, amputations, crushing and burns
- Seven day incapacitation of a worker
- Non-fatal accidents to members of the public
- Specified dangerous occurrences i.e. plant or equipment touching power lines
- Diagnosis of an occupational disease
- Gas incidents i.e. death, lost consciousness, taken to hospital
20
Q
What occupational diseases are you aware of?
A
- Carpel Tunnel
- Asbestos related diseases
- Occupational cancers
- Dermatitis
- Hand arm vibration
21
Q
What is Asbestos?
A
- Asbestos is a set of six naturally occurring silicate minerals
22
Q
Why is asbestos dangerous?
A
- Asbestos can cause the following fatal and serious diseases:
- Mesothelioma – cancer affecting the lung lining and lower digestive tract
- Asbestos related lung cancer
- Asbestosis – scarring of the lung tissue
- Pleural thickening – lung lining swells
23
Q
Why was asbestos used?
A
- Popular in the late 19th century
- Properties include; sound absorption, tensile strength, resistance to fire, heat, electrical and chemical damage.
24
Q
When was asbestos banned?
A
- Blue and Brown banned in 1985
- White Asbestos banned in 1999
25
Q
What is the HSE Guidance relating to asbestos?
A
- L143 – Control of Asbestos Regulations 2012
- HSG247 – Asbestos: The licensed contractors’ guide
- HSG210 – Asbestos Essentials
26
Q
What types of Asbestos are you aware of?
A
- Chrysotile – White
- Crocidolite – Blue
- Amosite – Brown
- Tremolite
- Actinolite
- Anthophyllite
27
Q
Where is asbestos likely to be found?
A
- Roof sheets, insulation board, laggings, tiles, gaskets, pipe insulation
28
Q
What types of asbestos have a higher potential for fibre release?
A
- High: Asbestos pipe lagging, sprayed asbestos, loose fill
- Medium: AIB, Rope, Gaskets
- Asbestos Cement, paints, plasters
29
Q
What regulations are you aware of in connection with asbestos?
A
- Control of Asbestos Regulations 2012 (CAR), under the umbrella legislation of H&SWA 1974.
30
Q
Who is a Duty holder?
A
- The duty holder is the person responsible for the management of asbestos is non-domestic premises.
- Regulation 4(1) define this as ‘every person who by virtue of contract or tenancy, has an obligation for the repair or maintenance of those premises.’
31
Q
What types of Asbestos Survey are you aware of?
A
- Management Survey
- Refurbishment and Demolition Survey
32
Q
What is a management survey?
A
- The purpose is to locate the presence and extent of ACMS in a building that could be damaged or disturbed during normal occupancy, and assess their condition and ability to release fibres into the air.
33
Q
What is a Refurbishment and Demolition Survey?
A
- Required before any work can be carried out
- Purpose is to locate ACMs in the area where the works will take place, will be fully intrusive and involve destructive inspection.
34
Q
Who can undertake an Asbestos Survey?
A
- Can be carried out by in-house personnel or a third party, but the surveyor must be competent for the work required.
35
Q
Define competence?
A
- Have sufficient qualifications, training, knowledge, experience and ability to carry out their duties in relation to the survey and recognise their limitations.
- Carry out the survey in accordance with the recommended guidance
- Demonstrate independence, impartiality and integrity
36
Q
What are the two types of sampling for asbestos?
A
- Bulk sampling – taking physical samples of materials
- Air sampling – using a pump to filter a known volume of air and determine the amount of airborne respirable fibres
37
Q
Why air sample asbestos?
A
- To assess compliance with control limits; 0.1 f/mL over 4 hours, or 0.6 f/mL over 10 minutes
- F/mL = F/cm3
38
Q
How would you know an area is clear of asbestos once the removals have taken place?
A
- The issue of a Certificate of Re-occupation
- Issued once the level of fibres is below the control limit of 0.01 F/cm3
39
Q
What is licensable Work?
A
- Where work is not sporadic and low intensity
- Where the risk assessment cannot demonstrate that the control limit of 0.1f/cm3 over a 4 hour period will not be exceeded.
- Work on asbestos coating applied for fire, heat or sound insulation.
- On AIB where the work is not low intensity or short duration and the control limit will be exceeded.
40
Q
What work does not usually require a licence from the HSE?
A
- Small, short duration work where the control limit of 0.6F/cm3 over a 10 minute period will not be exceeded
- Work on asbestos cement products or other materials where the fibres are bonded in matrix.
41
Q
What is short duration for asbestos?
A
- The total time spent by all workers does not exceed two hours in a seven day period, including all setting up, cleaning and clearing etc., and no one person works for more than one hour in a seven day period.
42
Q
What is NNLW?
A
- Non-notifiable licensed work
- Examples; removal of asbestos cement products that are substantially damaged or broken, short duration work on AIB,
43
Q
When does the HSE need to be notified of works with asbestos?
A
- When undertaking Licensable work and NNLW
44
Q
How do you notify?
A
- Licensable Works: submit an ASB5 form to the HSE at least 14 days prior to the works.
- NNLW: submit an ASB NNLW1, works can start as soon as the form is submitted
45
Q
What information is required on the ASB5 Form?
A
- Licence number
- Job details – site address, site supervisor, person preparing the plan of work
- Timing and duration of work
- About the work, ACM type, condition of asbestos
- Control measures and risks
46
Q
What is RPE?
A
- Respiratory protective equipment
47
Q
What are the suitable types of RPE?
A
- Has a UK-assigned protection factor (APF) of 20 or more
- FFP3 or FMP3 disposable respirator
- Semi disposable or half mask respirator with a P3 filter.
48
Q
What control conditions need to be in place for asbestos removal?
A
- Planned work area, waste transit routes.
- Decontamination unit
- Enclosures under negative pressure and connected to the Decontamination Unit where possible
- Three stage air lock and decontamination shower facilities
49
Q
What is the disposal process for asbestos?
A
- Waste must be double wrapped and labelled
- Placed in a sealed skip whilst on site
- To transport, a waste carriers licence is required
- Can only be disposed at a licenced waste management facility
- Completion of a Waste Consignment Note
50
Q
What paperwork should licensed contractors provide?
A
- Insurances, test certificates of equipment, method statements, maintenance records, site log, face fit records, training records, RPE inspections, copy of licence, ASB5 notification, Risk Assessments, smoke test certificate.
51
Q
What is the purpose of the smoke test for asbestos enclosure?
A
- Smoke testing to confirm the enclosure is sealed and negative pressure
- Show the routes of air circulation within the enclosure
- Confirm air changes within the enclosure
- HSE Research document RR988 – ventilation of enclosures for asbestos removals.
