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JAD RICS APC > APC Mandatories > Flashcards

APC Mandatories Flashcards

1
Q

What are the main requirements for employers under the HSAWA 1974?

A
  1. Maintenance of equipment & systems.
  2. Provide necessary training & processes.
  3. Provide a safe place to work & ensure tasks are undertaken safely.
  4. Engage with H&S experts where necessary.
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2
Q

What are the main requirements for employees under the HSAWA 1974?

A
  1. Take care of personal h&s and that of others.
  2. Don’t interfere with h&s protocols.
  3. Co-operate with h&s matters.
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3
Q

What are the four main areas of the HSAWA 1974?

A

Employers’ responsibilities
Employees’ responsibilities
Enforcement of H&S legislation
Enforcement Action

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4
Q

What are some of the main rights of H&S Inspectors?

A

The right of entry to the premises at reasonable times but without appointments

The right to question businesses on their health and safety

The right to see health and safety documents
The right to investigate a premises

The right to seize particular articles of imminent danger

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5
Q

What are the two types of Enforcement Actions under the HSAWA 1974?

A
  1. Legal Notices
    (improvements and prohibitions)
  2. Prospection
    (unlimited fines and custodial sentences)
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6
Q

How can a H&S offence be defended under the HSAWA 1974?

A

Businesses must demonstrate that it wasn’t ‘reasonably practical’ to defend against the risk.

Issue - subjective and dependant upon court decision.

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7
Q

What are the four key sections of the HSAWA 1974?

A

Section 2: duty to manage risks to employees.

Section 3: duty to manage risks to the business by non-employees.

Section 7: employees duty to ensure reasonable care for their own and others health and safety.

Section 33: obliges directors and senior managers to adhere to health and safety rules.

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8
Q

What is the legislation associated with Display Screen Equipment?

A

DSE Regulations 1992
amended 2002

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9
Q

What DSE measures should employers take?

A
  1. Assess workstations to reduce risks
  2. Make sure risk controls are in place
  3. Provide training and information
  4. Provide eye tests on request
  5. Provide special spectacles (if needed)
  6. Review assessment if user or set-up changes
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10
Q

What are DSE risks?

A

Eyestrain
Fatigue
Upper limb issues
Neck / shoulder / back pain

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11
Q

What are the benefits of being compliant?

A

Fewer MSDs
Lower absenteeism
Higher productivity
Happy workforce
Valued staff
Lower turnover

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12
Q

What is the key legislation for PPE?

A

Personal Protective Equipment at Work (Amendment) Regulations 2002
- supercedes the 1992 Regulations

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13
Q

What are the key areas of the RICS Guidance Note on Surveying Safely (2018)?

A

2nd edition inclusion of ‘safe person’ concept.

Sections:
1. Personal Responsibilities
2. Relevance to Professional Groups
3. Assessing Risks and Hazards
4. Members’ Places of Work
5. Occupational Hygiene and Health
6. Visiting Premises or Sites
7. Fire Safety
8. Resi Property Surveying
9. Procurement and Contractor Management

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14
Q

What is the Safe Person concept?

A

Assuming personal responsibility for your own and others safety.

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15
Q

What are the organisational responsibilities under the Safe Person concept?

A

Selection, training, information, equipment, safe systems, instructions, supervision, PPE.

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16
Q

What are the individual responsibilities under the Safe Person concept?

A

Performance, control, adaptability, vigilance, awareness, teamwork.

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17
Q

What would the correct PPE be for your role?

A

Hi-vis, rubber soled safety boots, hard hat, mobile (work and personal), surgical gloves, safety glasses, signal check, climbing harness and lines.

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18
Q

Explain the difference between a hazard and a risk.

A

A hazard can cause harm, a risk is the likelihood of it doing so.

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19
Q

Discuss the hierarchy of risk control.

A

Most to least effective:
Elimination
Substitution
Engineering Controls
Administrative Controls
PPE

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20
Q

What is dynamic risk assessment?

A

The continuous process of identifying hazards, assessing risk, taking action to eliminate or reduce risk, monitoring and reviewing, in the rapidly changing circumstances of an operational incident.

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21
Q

What’s a balance sheet?

A

A financial statement that reports a company’s assets, liabilities and shareholder equity at a specific point in time.

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22
Q

What’s a profit and loss account?

A

A financial statement that outlines the revenues, costs and expenses incurred over a certain period.

23
Q

What’s a cash flow statement?

A

A financial statement showing how changes in the balance sheet, accounts, and income affect cash and cash equivalent. It breaks this data down into operational, investment and financial activities.

24
Q

Tell me about the IFRS.

A

International Financial Reporting Standards.

Require financial statements to be prepared using four basic principles - clarity, relevance, reliability, comparability.

25
Q

What is difference between GAAP & IFRS?

A

GAAP is a framework based on legal authority while IFRS is based on a principles-based approach.

26
Q

What is UK GAAP?

A

Generally Accepted Accounting Principles

UK GAAP is the body of accounting standards published by the UK’s Financial Reporting Council (FRC).

The four basic principles are:
cost, revenue, matching, disclosure

27
Q

Tell me about IFRS 16.

A

The purpose is to report information that:
a) faithfully represents lease transactions; and
b) provides a basis for understanding cash flows arising from leases.

Lessees have to financially recognise assets and liabilities for all leases, unless the term is less than 12 months or low value.

28
Q

What is a SWOT analysis?

A

Strengths, weaknesses, opportunities, threats.

A framework to match organisational goals against capacity and its operational environment.

29
Q

What is a PEST analysis?

A

Political, economic, sociological, technological factors that influence an organisation.

PEST + Legal and Environmental = PESTLE

Guides professionals in strategic decision making across a range of scenarios.

30
Q

What is the difference between SWOT and PEST analysis?

A

PEST analysis refers to Political, Economical, Social, and Technological factors which influence the business environment. SWOT analysis refers to Strengths, Weaknesses, Opportunity and Threats. These factors are prime determinants of strategic planning.

31
Q

What’s a SLA?

A

Service Level Agreement

Metrics for measuring performance

32
Q

What’s a KPI?

A

Key Performance Indicator

A metric that measures how projects, individuals, departments or businesses perform in terms of strategic goals and objectives.

33
Q

What are the different methods of dispute resolution?

A

mediation, arbitration, expert witness, third party determination.

34
Q

What is the DRS?

A

The RICS DRS (dispute resolution service) is the oldest ADR service in the world for land and property professionals.

35
Q

What are the key features of a CHP?

A

The RICS requires companies to:
- publish their CHP
- keep a complaints log
- align PII and CHP
- agree levels of response (B, S, G)
- provide escalation points - ADR / DRS etc.
- report breaches to RICS Regulation if req’d.

36
Q

What is in a good complaints log?

A

Description and dates
+ what went wrong
+ actions taken
+ process improvements
` communication
` knowledge
` procedural

37
Q

What are the requirements of an Expert Witness?

A

Must be genuine subject matter experts.
Must be independent and unbiased.
Must be clear at communicating.
Must retain loyalty to the Tribunal.
Must be suitably qualified.
Must possess essential legal knowledge.

38
Q

What is the key case law for expert witnesses?

A

Jones v Kaney (2011)
Removal of immunity -
experts can be sued for negligence by litigants.

39
Q

What is the RICS Practice Statement for expert witnesses?

A

Surveyors Acting as Expert Witnesses (2014)
4th edn, amended Feb 2023

40
Q

What is the core content of the RICS Practice Statement for expert witnesses?

A

explains need for clear ToE
guidance on conflicts of interest
outlines written report format
difference between expert and advocate
supports honest professional opinions

41
Q

What makes a good team?

A

Leadership
Trust and Respect
Communication
Managed Conflict
Clear Goals
Diversity and Heterogeneity

42
Q

What 7 personality archetypes make a good team?

A

The Leader
The Team-player
The Researcher
The Expert
The Planner
The Creative
The Communicator

43
Q

What’s the main legislation for inclusion?

A

Equality Act 2010

NPPF 2019 - Section 8

44
Q

What’s the main case law for inclusion?

A

RBS v Allen (2009)

Requires reasonable adjustments to be made to allow building access for all.

45
Q

What are the five principles of inclusive design?

A

Responsive & flexible
Convenient
Accommodating
Welcoming
Realistic

46
Q

What are the three pillars of sustainability and which report covers them? p.s. Will loves you.

A

Brundtland Report (1987)

Economic, Social, Environmental

47
Q

Who are Crossflow Energy?

A

Experts in hybrid energy solutions
VF wind powered turbine in Wales

48
Q

What are the RICS Ethical Principles?

A

Honesty
Integrity
Service
Competence
Respect
Responsibility

49
Q

What checks are needed prior to accepting an instruction?

A

Am I:
qualified, competent, service capable, and without conflicts of interest?

50
Q

What inclusions should be in a standard set of terms?

A

Client details
Due diligence
Assumptions
Liabilities
Deliverables
Fee/project structure
Complaints process

51
Q

What are the four methods of communication?

A

Verbal, non-verbal, written, visual

52
Q

Give an example of one-way communication.

A

Letter, email, statement

53
Q

Give an example of two-way communication.

A

Conversation, meeting, negotiation

54
Q

What is the difference between open and WP comms?

A

Open are admissible in court, WP are a way for genuine attempts to settle disputes to be settled without risk of court visibility.

WP correspondence must never be referenced in open discussions or the whole chain of comms will be ‘broken open’.

Other labels include ‘SATC’ and ‘StC’

JAD RICS APC (12 decks)

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