RICS Health And Safety Flashcards
What is the core material and legislation you should refer to with regard to H&S?
- RICS guidance note on surveying safely, 2018
- Health and safety at work act 1974, as amended.
- Fire risk management regulatory reform order 2005.
- The Fire safety act 2021
- Building safety act 2022
- The control of asbestos regulations, 2012
- RICS guidance note - asbestos, legal requirements and best practice for property professionals 2021.
- Defective premises act, 1972
- Construction (design and management) (CDM) regulations 2015
What does RICS surveying safely 2018, set out? And what is the Structure?
Sets out basic good practice principles of management of health and safety for RICS, regulated firms and members
structure - 8 parts
1. Personal responsibilities
2. Assessing hazards and risks.
3. Workplace health and safety.
4. Occupational hygiene and health.
5. Visiting premises and sites. (important)
6. Fire safety
7. Residential property surveying.
8. Procurement and management of contractors.
Key areas of advice in RICS surveying safely
RICS firms must provide:
- A safe, working environment
- safe, work equipment
- Safe systems of work
- Competent staff
Also suggests use of a safe person, advice on health and well-being and mental health, risk assessments, and precautions to take
Key parts of the health and safety at work act 1974
- Duty to employer to ensure health safety and welfare at work of all employees
- Policed by HSE as a criminal offence with fines or imprisonment.
- Must report, injuries and dangerous occurrences (1995)
- Must undertake record and regularly review risk assessments (1999)
- A hazard is anything that could cause harm
- Risk is the probability that someone will get harmed.
- Detailed health and safety information to be held on site, usually in an operations and maintenance manual
Outline the six stages of a risk assessment (required by law if more than 5 employees)
- Identify hazards present.
- Identify the people at risk.
- Evaluate the risk.
- Record findings.
- Review risk assessment accordingly.
- Advise those affected of the risk assessment and methods to minimise the risks - this is called a method statement
What should a health and safety policy document contain? (if more than 5 employees)
- Policy setting out the organisations commitment to health and safety.
- Details of the health and safety structure with roles and responsibilities.
- Risk assessment of hazards within the workplace and preventative measures.
- Details of planning implementation of health and safety policy and control measures.
What is the six pack of health and safety regulations, introduced in 1993?
- Management of health and safety at work.
- Display screen equipment.
- Manual handling operations.
- Personal protective equipment at work.
- Provision and use of work equipment.
- Workplace, health, safety and welfare.
Outline the key parts of the fire risk management regulatory reform order 2005
Based on risk assessment with emphasis on fire prevention
Applies to non-domestic property in England and Wales
Identifies a ‘responsible person’ as an employer, occupier or owner (whoever has control)
Must be fire precautions in place, following risk assessment
Need for recordkeeping and regular review
Background and key aspects of the fire safety act 2021
Following Hackett review 2018, the act reforms, the FRMRRO 2005, and relates to multi occupied residential buildings
Responsible person must assess manage and reduce fire risks posed by the structure, external walls and the common areas
Fire service can take action against non-compliance
External wall systems in valuation (EWS)
Following Grenfell fire
Valuation of tall residential blocks may require an EWS1 form
Only in residential (not hotels)
Qualified professionals must confirm EWS has been assessed for safety
EWS1 form valid for five years
Typically, over 6 storeys, yes.
Under 4 storeys no depending on the cladding
Specific importance of buildings above 18m
Outline the building safety act, 2022
Intended to enhance building safety regulations
Implements elements of the Hackitt review 2018
Use of combustable materials in buildings, above 18 m is been banned since 2018
Three Gateways to meet in the development of high rise buildings (confirmation of fire statement and building regs compliance)
1. Planning application
2. Pre construction
3. Preoccupation.
Landlord must pursue funding for Remedial works before adding costs to service charges
Defective premises act, 1972
Imposes an obligation on the landlord to ensure premises to ensure premises comply with its requirements
Turn that has a duty of care to all persons, who might reasonably be expected to be affected by defects in the premises
Facts on asbestos.
Use
Types & banned when?
Are used for insulation, fire resistant material and tiles or pipe lagging
3 main types:
1. Brown - amosite banned 1985
2. Blue - crocidolite banned 1985
3. White - chrysotile banned 1999
The control of asbestos regulations, 2012
Key facts
Non-compliance is a criminal offence
Two separate obligations:
1. ‘Duty Holder’ - owner or vacant, or tenant when holding a repairing lease
2. Employer
Survey used to make materials assessment (2 types):
1. Management survey
2. Refurbishment/demolition survey.
The work must be carried out by a license contractor, unless minor, which can be described as non-license to work
Asbestos register must be produced and regularly updated
Defences - duty holder, and employer took all reasonable precautions and exercised all due diligence
Fines up £20,000 and possibly 12 months in prison
More serious offences can be tried in court with no limit on fines
Statutory obligations of a commercial property owner
- Asbestos management
- contamination
- Equality act compliance
- EPC compliance
- Fire safety
- Health and safety
- legionnaires disease
- occupiers liability
- PAT testing
- Waste management
