Level 1 Flashcards

1
Q

What Health & Safety legislation are you aware of?

A

Health and Safety at Work etc. Act 1974

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2
Q

What are the duties of employers under the Act?

A

To ensure, so far as reasonably practicable, the health, safety and welfare at work of all employees

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3
Q

Who is the HSWA policed by?

A

Health & Safety Executive (HSE)

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4
Q

What is a hazard?

A

Anything with the potential to cause harm

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5
Q

What is a risk?

A

The probability/likelihood that someone will be harmed

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6
Q

As an employee, how do you comply with the HSWA?

A
  • I co-operate with my employer
  • I undertake training provided
  • I take responsibility of my own health & safety, and that of others who might be affected by my actions
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7
Q

What is the full title of the RICS guidance on Health & Safety?

A

RICS GN Surveying Safely: Health & Safety Principles for Property Professionals (2018) (eff. Feb 2019)

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8
Q

What are your health and safety duties as an individual surveyor?

A
  • Comply with Surveying Safely GN + Safe Person Concept
  • Co-operate with my employer and follow H&S policies/procedures
  • Be aware of risks I am exposed to in my work & how to minimise these
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9
Q

What are the recommendations under the RICS GN Surveying Safely?

A
  • Undertake a Risk Assessment
  • Safe Person Concept
  • Employers must ensure the following:
    > Safe working environment
    > Safe work equipment
    > Safe systems of work
    > Competent staff
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10
Q

Is it a criminal offence to breach the HSWA?

A

Yes

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11
Q

What are the penalties for breaching HSWA?

A

Up to 2 years imprisonment and/or unlimited fine

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12
Q

What are the key changes to the Surveying Safely GN 2nd edition?

A
  1. Safe Person concept

2. Emphasis on ensuring competent staff/safe working environment/safe work equipment/safe systems of work

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13
Q

What is the safe person concept?

A

It provides that each individual should assume behavioural responsibilities over their own safety, as well as that of their colleagues and others while at work

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14
Q

What is the well-known news story relating to H&S in the real estate industry?

A

Suzy Lamplugh case

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15
Q

What is PPE?

A

Personal protective equipment designed to minimise harm from different risks within the built environment:

  • eye goggles
  • hard hat
  • high vis jacket
  • steel toed boots
  • gloves
  • ear protectors
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16
Q

What is a risk assessment?

A

Assessment of potential hazards, those at risk and existing processes in place to minimise harm.
–> legal requirement for firms with 5+ staff to carry out a documented H&S risk assessment

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17
Q

What is the 5-step approach to a risk assessment recommended by the HSE guidance?

A
  1. Identify hazard
  2. Identify those at risk of hazard
  3. Evaluate likelihood of risk & existing measures to minimise risk
  4. Record findings
  5. Review assessment regularly
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18
Q

What is asbestos?

A

An insulating material which can cause serious health problems and fatal diseases

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19
Q

What legislations are you aware of relating to asbestos?

A

Control of Asbestos Regulations 2012

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20
Q

What do the Control of Asbestos Regulations prescribe?

A
  • where asbestos exists but remains in good condition and undisturbed, it should be left in place but regularly monitors and the condition reviewed
  • concept of duty holders and their obligation to manage asbestos
  • asbestos work must be undertaken by a licensed contractor
  • HSE must be informed of any notifiable non-licensed work with asbestos (and workers must be under health surveillance by a doctor) + keep records of the work on file
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21
Q

Who is a duty holder?

A

If a property is vacant - this ref. to the property owner

Where the property is occupied and T holds a FRI lease - this is the tenant

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22
Q

How does asbestos cause harm?

A

If disturbed and inhaled, it emits tiny toxic fibres which can lodge onto the lungs and cause trouble breathing/lung damage

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23
Q

What are the different types of asbestos and when were they banned?

A
  1. Blue (1985)
  2. Brown (1985)
  3. White (1999)
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24
Q

What is an asbestos survey?

A

A survey to make a materials assessment

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25
Q

What are the different types of asbestos survey?

A
  1. Management Survey - locate, assess advise on management of asbestos (no sampling)
  2. Refurbishment/Demolition Survey (where property needs upgrading/refurbish/demolishing) - take sample of materials suspected to contain asbestos & analyse & make recommendations re management plan
26
Q

If a property has asbestos, what must the LL do?

A

Ensure that there is an asbestos register in place for the property and an appropriate management plan

27
Q

What should you do if you unexpectedly come across potential asbestos during your work?

A

You should stop work immediately. Confirm what it is but assume it is asbestos and advise the client to carry out a risk assessment to determine whether the work requires a licensed contractor.

28
Q

What is contained within an asbestos management plan?

A

It must contain current info on the presence and condition of any asbestos in the building (an asbestos risk register). This risk register needs to be regularly reviewed and updated (every 6m) involved:

  • regular inspections to check condition
  • delete presence from register once asbestos has been removed/add asbestos presence where it has been found
29
Q

What are the penalties for breaching asbestos regulations?

A

Health and Safety (Offences) Act 2008 raised the max. fine to £20,000 and possibility of 12m imprisonment for surveyors dealing with asbestos.
These are assessed on a case-by-case basis and more serious offences can be tried in higher courts where there is an unlimited fine.

Breaches include:

  • failing to protect workers from asbestos during demolition work
  • failing to update asbestos register
  • failing to commission an asbestos survey prior to demolition works being undertaken

Defences? Duty holder took all reasonable precautions and exercised all DD

30
Q

What is occupational health?

A

This refers to a branch of medicine that focuses on the physical and mental well-being of employees in the workplace.

31
Q

What are the CDM Regulations?

A

Construction (Design and Management) Regulations 2015 (superceded the 2007 regs)
These are the main set of rules governing the management of health, safety and welfare of workers on construction projects

32
Q

What is a notifiable project?

A

This is where a construction project must be notified to the HSE if it is scheduled to last 30+ days with 20+ workers on site at the same time, or where it exceeds 500 person days

33
Q

What were the key changes to the CDM Regs?

A
  • extended scope to cover domestic projects w. >1 contractor onsite
  • duty holders: the client, the principal designer & principal contractor
  • For projects with >1 contractor working on site, a Principal Designer and Principal Contractor must be appointed
  • Change to HSE project notification threshold
  • Must maintain a H&S file during construction, and passed onto occupier/owner on completion, containing all info re the property and operation of the building
34
Q

Who polices the CDM Regulations and what the the penalties?

A

Policed by HSE and if breached, they can issue:

  • improvement & prohibition notices
  • fines
  • prosecution
35
Q

What is fire safety?

A

A set of principles designed to reduce the risks of fires igniting, as well as the destruction caused once they have

36
Q

What are the fire regulations in the UK and have there been any recent changes to these?

A

Fire Safety Order 2005 although a bill has now been published, and read at Parliament which has been brought about in the aftermath of the Grenfell Tower tragedy.

37
Q

What does the Fire Risk Management Regulatory Reform (Fire Safety) Reform (2005) provide?

A
  • applies to non-domestic properties in Eng and Wales
  • fire prevention risk assessment, followed by fire precautions + regular reviews of risk assessment
  • ‘responsible person’ - employer/occupier
** Fire precaution measures include: 
> fire detection & warning alarm system
> fire-fighting equipment
> safe exit routes
> personal emergency exit plan
> emergency lighting & signage
> suitable fire exit doors
38
Q

Since Grenfell Tower, have there been any changes to Fire Safety in the UK?

A

> Dame Judith Hackitt Review (May-18) ‘Building a Safer Future’ with 50+ recommendations for changes to current fire safety system

> (Sep-18) Banned use of combustible cladding on high-rise resi buildings (over 18m high)

> New Fire Safety bill published and in consultation by Parliament with a focus on resi property

39
Q

What was the Hackitt review?

A

Following Grenfell Tower, Dame Judith Hackitt undertook a review of the current fire safety regulations (May-18) ‘Building a Safer Future’ making 50+ recommendations for changes to current fire safety system to ensure more robust regulations,
e.g. upgrade building standards/guidance, a new reg. body specific for fire safety in resi property, involve residents in fire safety procedures

40
Q

What is the RICS doing to contribute to improved fire safety standards?

A

> RICS introduced a new industry-wide process for valuing high-rise buildings

> RICS has collaborated with a coalition of 70+ international organisations to develop a new fire safety global standard (uniform set of fire safety principles) “International Fire Safety Standards” – currently in consultation until end of April

41
Q

What is the Equality Act 2010?

A

The Act legally protects people from discrimination in the workplace and wider society. Specifically, it seeks to protect 9 characteristics:

  1. Age
  2. Disability
  3. Gender Reassignment
  4. Marriage & civil partnership
  5. Pregnancy/maternity
  6. Race
  7. Religion/belief
  8. Sex
  9. Sexual orientation
42
Q

Who does the Equality Act apply to?

A

Employers, employees, controllers of let premises

43
Q

What must you do as an employer to comply with the Equality Act?

A

All properties must have an access statement/audit setting out details of access arrangements & alternative arrangements if access cannot be reasonably provided for a disabled person

Not discriminate against those people who you employ/ lease premises to

When faced with an access issue for disabled people. the service provider must either:

  • remove the feature
  • alter it
  • provide a reasonable means of avoiding the obstacle
  • provide a reasonable alternative access to the service

The test is one of reasonableness, not an absolute obligation

44
Q

What is a method statement?

A

Document detailing the way a work task/process should be completed (requires prior approval).

  • outlines hazards involved (+step by step guide on how to do the job safely)
  • details control measures in place
45
Q

What is PII important in terms of health and safety?

A

A copy of a contractor’s all risks and public liability insurance is needed before work can commence

46
Q

When is a written health and safety policy required?

A

Where a firm has 5+ employees. To include:

  1. Policy detailing firm’s commitment to H&S
  2. Details of firm’s H&S structure (roles/responsibilities)
  3. Risk assessment & preventative measures
  4. Planning & implementation measures

(management system, accountability structure, management arrangement for H&S)

47
Q

What is the ‘6-pack’ of Health and Safety Regulations?

A

Came into effect in Britain after 6 EU Directives (known as the ‘six-pack’) were issued re H/S. These include:

  1. Management of H/S at Work
  2. Display Screen Equipment
  3. Manual Handling Operations
  4. Personal Protective Equipment at Work (PPE)
  5. Provision & Use of Work Equipment
  6. Workplace Health, Safety and Welfare
48
Q

Where an injury occurs in the workplace, what is required of the empoyer?

A

Under the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), an employer must report injuries resulting in 7+ days of incapacitation to the HSE within 15 days of the accident.

For other injuries causing incapacity for 3+ days, employer must record these in an accident book, kept on file for min. 3 years after each accident.

49
Q

What does the Corporate Manslaughter and Corporate Homocide Act 2007 relate to?

A

Gross breach of duty of care by a body corporate, resulting in death

50
Q

What are the penalties under the Corporate Manslaughter & Corporate Homocide Act 2007?

A

Range from unlimited fine, imprisonment and disqualification as company director by a member of senior management team

51
Q

What do you understand about the Occupier’s Liability Act 1957?

A

The Act regulates the liability of occupiers and others for injuries caused to lawful visitors, as well as for damage caused to any goods, as a result of ‘dangers due to the state of the property or due to things done or omitted to be done there’.
i.e. Occupiers liability to keep the property in good and safe repair, to ensure the well being and safety of any visitors while on the premises for purposes which they are invited/permitted to be there (Trespassers are also covered by the Act)

52
Q

What are the statutory obligations of a commercial property owner?

A
  • Asbestos management
  • Contamination
  • Disability discrimination & equality
  • EPCs
  • Fire Safety
  • Health and Safety
  • Legionnaires disease
  • Occupier’s liability
  • PAT testing (for portable electrical equipment)
  • Waste Management
53
Q

What is the aim of a risk assessment?

A

To identify whether you are doing things in the most appropriate way
To inform what changes need to be made/what info/training is required/whether health surveillance is needed/what supervision is necessary

54
Q

What is a dynamic risk assessment?

A

Assess risks immediately prior to, or even during undertaking the activity - while the working environment is changing and risks are still evolving (i.e. re-evaluating the risks)

55
Q

What is the difference between a place of work and a workplace?

A

Place of Work: physical location where general work related activity is undertaken (i.e. SMC)

Workplace: The actual point where the work is undertaken (i.e. desk)

56
Q

Does risk vary between person to person?

A

Yes - risk is dependent upon competence and competence is driven by knowledge, training and experience (i.e. a surveyor of 20+ years is less at risk on inspection that a recently qualified surveyor)

57
Q

What are some common hazardous substances you might come across on inspection?

A
  • pesticides
  • lead paint dusts
  • industrial solvents
  • respirable crystalline silica arising (i.e. dust from cutting brick tiles/concrete etc)
  • engine exhaust fumes
  • dust & spores
58
Q

What are some common diseases arising from certain work-related activities?

A
  • Chronic diseases (skin/respiratory)

- Transmitted diseases (legionnaire’s/zoonoses incl. weil’s/lyme/psittacosis)

59
Q

What are the potential risks that should be considered during site visits?

A
  • roofs (height, slippery tiles, holes, weather conditions)
  • adverse weather conditions
  • timber, glass, sharp objects (rotten/broken floors, projecting nails and screws, sharp edges)
  • slip and trip hazards
  • structural stability
  • unsafe atmospheres (flammable gases, contamination,hazardous substances)
  • impact of other people/animals on the property (squatters, drug abusers - risks of discarded syringes)
  • contamination (asbestos, lease, leaking chemicals, legionella)
  • rural environments
  • vermin and birds
60
Q

What is step 3 in the 5-step approach to risk assessment?

A

(3) Evaluation the likelihood of the hazard occurring, and any controls in place to minimise the risk