Legal/Regulatory compliance Flashcards
List the laws relating to building compliance
- Health and Safety at Work Act 1974
- Corporate manslaughter act 2007
- Control of substances hazardous to health (COSHH) regs 2002
- Control of Asbestos at Work 2012 & control of asbestos regulations
- Lifting operations and lifting equipment regulations (LOLER) 1998
- Provision and use of Work Equipment regulations (PUWER) 1998
- The Regulatory Reform (fire safety) order 2005
- Electricity at Work Regulations 1989
- Construction Design and Management Regulations 2015
- Equality Act 2010
- Energy Performance of Buildings Regulations
Explain the extent and impact of regulation compliance on development projects with particular reference to H&S, disability, CDM.
- H&S: affects every aspect of built environment, from concept to post occupancy. Extensive legislation, regulation and guidance
- Disability: Mostly covered by Equality Act 2010
Using case law, appeals and presentations
- Donoghue v Stevenson (1932) - snail in ginger beer - established law of negligence and the neighbour test.
- Smith v Eric bush (1990) - Surveyor missed structural damage to dwelling - defendant owed the claimant a duty of care in Tort
Understanding the impact of wider regulatory compliance around ethics, safety, procurement, modern slavery, information and data security
- Modern slavery act 2015 - direct contractors and supply chain
- Public Contracts Regulation 2015
- The Data Protection Act 2018
- Bribery Act 2010
- Money laundering, terrorist financing and transfer of funds regulations 2017
- Town and country planning act 1990
Applying H&S at work practices, disability and CDM regs.
- H&S system
Maximum room capacity - RRO2005, Approved Doc B part 2, BS 999
R v Associated Octel Ltd (1995)
Case - act causing incident was not carried out by ee, instead a subcontractor, so er had no criminal accountability
Decision - Court of Appeal ruled that er had control over a contractors operations and so was culpable for incident whether conducted by ee or contractor.
CDM - which projects are notifiable
- Exceed 30 construction days
- -Have 20 or more workers working simultaneously at any one point on the project
- Involve more than 500 person days
CDM - What form must be submitted to HSE, and what should it inculde?
- F10
- Client responsibility to submit
- Date & Address of site
- Description of project and construction work
- Contact details
- Planned state date, rep time and work duration
CDM - What are the 6 specific duty holders?
- Client
- Designer
- Contractor
- Worker
If more than one contractor on project: - Principle Designer
- Principle Contractor
CDM - What is the construction plan?
- Sets out:
- the way the construction project will be managed
- Health & issues for project
- Arrangements have been put into place to manage site specific risks
- Must be completed before construction starts and be in writing
- Responsibility of Principle contractor
CDM - What’s the health and safety file?
- Required when more that one contractor is involved
- contains info on how to carry out future work safely
- Could contain info on structural principles and safe working loads
- Should be stored on site.
What are the risk associated with poorly maintained buildings
- Degrading building fabric, poor M&E maintenance, leading to:
- Increased repairs costs
- Potential injury to building users
- Closure of buildings and loss of business continuity.
- Negligence and criminal/civil claims
