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Legal and Regulatory Compliance > Health and Safety > Flashcards

Health and Safety Flashcards

1
Q

Who enforces CDM?

A

The Health and Safety Executive (HSE)

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2
Q

When is a project notifiable under CDM?

A

When it is expected to take more than 30 days to be carried out and have more than 20 workers working simultaneously at any point in the project, or

When it is expected to involve more than 500 person days of work.

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3
Q

What are the obligations of the client under CDM?

A

Ensure the designer or contractor has the skills, knowledge, experience and capability to ensure H&S.

Ensure suitable arrangements for managing projects in a safe manner.

Ensure the minimum level of welfare facilities are made available.

Ensure that pre-construction information is provided as soon as practicable to every designer and contractor.

Ensure the principal designer prepares a health and safety file for the project

Ensure that a construction phase plan is drawn up by the contractor

Must submit the project if notifiable by submitting F10.

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4
Q

What are the obligations of the designer under CDM?

A

Take into account the rule of prevention, when preparing designs, to reduce and control foreseeable risks that cannot be eliminated, which may arise during the construction, maintenance and use of a building.

Make sure the client is aware of their responsibilities.

Provide information to principal designer, contractor and client to help them fulfil their duties.

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5
Q

What are the obligations of the principal designer?

A

Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:

Work with designer to eliminate or reduce any foreseeable risks

Ensuring designers carry out their duties

Assist the client with identifying and assembling the pre-construction information.

Assembling the Health and Safety File.

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6
Q

What are the obligations of the principal contractor?

A

The principal contractor’s overarching duty is to plan, manage and monitor health and safety in the construction phase. These include:

Preparing a Construction Phase Plan

Check that everyone they appoint has the skills, knowledge and experience to carry out their work safely.

Ensure site inductions are provided

Prevent unauthorised access.

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7
Q

What is the found in the Pre-Construction Information Pack?

A

Provides the information already in the Client’s possession to the relevant duty holders.

Description of the project and project directory

Management requirements such as site rules, emergency procedures, roles and responsibilities

Significant design and construction hazards

Health and Safety File

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8
Q

What is the purpose of the Construction Phase Plan?

A

Builds on the pre-construction information, setting out the health and safety goals for the project and how the key health and safety issues will be managed, and actions needed to control key risks, providing details of good working practice.

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9
Q

What is the purpose of the Health and Safety File and who is responsible for providing it?

A

It is the principal designers duty.

It should contain a sufficient depth and breadth of health and safety information to allow maintenance, cleaning, alterations, refurbishment or demolition to be carried out safely.

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10
Q

What are the typical contents of the Health and Safety File?

A

Details of the works and project team

Residual hazards and how they have been dealt with.

Key structural detail incorporated in the design of the structure and safe working loads

Any hazards associated with materials used

Health and safety information about equipment provided for cleaning or maintaining the structure

The nature, location and makings of significant services

Information and as built drawings of the structure and it’s plant and equipment.

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11
Q

What is the purpose of the Health and Safety at Work Act 1974?

A

Sets out general duties of employers, self-employed persons, persons in control of premises, employees, manufacturers and suppliers to safeguard the health and safety of employees and public who may be affected by their work.

Failure to comply with the requirements of the Act is a criminal offence.

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12
Q

What are the requirements of the Personal Protective Equipment Regulations 2018?

A

Only use PPE as a last resort.

If PPE is still needed after implementing other controls this must be provide to your employees free of charge.

Risk assessment must be undertaken to assess PPE required.

All PPE must be stored properly and kept in good condition.

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13
Q

Under Control of Substances Hazardous to Health Regulations 2002 (as amended) COSHH, how are hazardous substances controlled?

A

Identify potential health risks

undertake and record a risk assessment

Provide control measures, ensuring that they are used and monitored

Provide PPE

Emergency planning

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14
Q

What regulations cover working with Asbestos?

A

Control of Asbestos Regulations 2012

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15
Q

What is Asbestos?

A

Asbestos is a naturally occurring rock mineral with heat and fire resisting properties, used in a range of building materials until 1999 in the UK

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16
Q

How can Asbestos damage health?

A

If asbestos fibres are damaged and inhaled, they can cause a range of lung-related disorders, including asbestosis.

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17
Q

What does CAR apply to?

A

Both non-domestic properties and the common parts of domestic properties.

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18
Q

What are the responsibilities of the duty holder under Control of Asbestos Regulations 2012?

A

Take reasonable steps (i.e. asbestos survey) to identify ACMs in non-domestic premises, recording the amount, location and condition.

Presume materials contain asbestos unless there is strong evidence that they do not

Assess the risk of anyone being exposed to ACMs

Prepare, implement and regularly review an asbestos management plan

Provide information on the location and condition of ACMs to those who may come into contact with them.

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19
Q

What are the two types of Asbestos Survey?

A

Management Survey: to identify and manage ACMs during occupation and use of the premises (non-intrusive)

Refurbishment and Demolition Survey: before starting work to the premises for upgrading, refurbishment or demolition. Intrusive.

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20
Q

What are the different types of licenced and notifiable works?

A

Non-licensed works: sporadic and of low intensity with non-friable materials; removal works where ACM in reasonable condition and not being broken up; ACMs in good condition and are being sealed or encapsulated.

Notifiable non-licenced works: such as removal of asbestos cement products (roof sheeting) where the material will be broken up; short duration works; or large-scale removal of textured decorative coatings.

Licenced works: work that is not sporadic and of low intensity; where cannot clearly demonstrate that the control limit will not be exceeded, work on asbestos coatings or asbestos insulation where works is not short in duration (i.e. more than 2 hours in a 7 day duration)

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21
Q

How are licenced works to ACM’s notified?

A

All licensed work must be notified to the appropriate enforcing authority (HSE and Local Authority) using an ASB5 form at least 14 days’ before the works start.

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22
Q

What are the implications of the Regulatory Reform (Fire Safety) Order 2015?

A

Introduced a single regime of fire safety rules, applicable to most non-domestic premises and the common parts of domestic premises.

Specific duties are placed on ‘the responsible person’, who is generally the employer or person in control of the premises

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23
Q

How do you undertake a fire risk assessment?

A

Identifying fire hazards

Identifying people at risk

Evaluating risk arising from hazards and to those at risk, including identifying preventative measures to eliminate or control the risk

Recording the findings of the assessment and

Continuously monitoring and auditing the risk assessment.

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24
Q

What are the implications of the Building Safety Bill 2020?

A

Introduced following Grenfell Tower Tragedy 2017, and will eventually supersede the Regulatory Reform Order and applies to all buildings over 18 meters in height.

New Building Safety Regulator with approval, enforcement and prosecutorial powers

Mandatory reporting of structural and fire safety occurrences

Sanctions of up to two years in prison and unlimited fines

Creation of new roles and new general duties on dutyholders

Gateway points to manage safety and risk.

A key element of the Bill is the concept of the ‘golden thread’ of information that runs throughout the construction process and ensures safety and compliance at all stages

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25
Q

What is the role of the Building Safety Regulator?

A

This will be a mandatory appointment. The role is to make a building safety case for a new project. The regulator will have 3 main functions:

  1. Oversee the safety and standard of all buildings
  2. Directly assure the safety of higher risk buildings
  3. Improve the competence of people responsible for managing and overseeing building work
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26
Q

What the duties of building owners and managers under the Building Safety Bill?

A

The Bill creates a new role of the “Accountable Person”. This may be an individual or a corporate entity such as the building owner or a management company. The Accountable Person will be responsible for assessing building safety risks on an ongoing basis, and taking all reasonable steps to manage those risks by way of a Safety Case Report which must be submitted to the Regulator. The Accountable Person will also be responsible for appointing a Building Safety Manager.

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27
Q

What are the Gateways under the Building Safety Bill?

A

Gateway 1 - information to be submitted to the Local Planning Authority in the form of a Fire Statement, which demonstrates that fire safety requirements have been considered and incorporated into the proposals.

Gateway 2 - Prior to commencement of construction, and provides a ‘hard stop’ where construction cannot begin until the Regulator is satisfied that the design meets the functional requirements of the building regulations

Gateway 3 - Gateway Three takes place at completion. At this point, all “golden thread” documentation must be provided to the Accountable Person by dutyholders for onward submission to the Regulator. Regulator provides completion certificate.

28
Q

What is RODDOR?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

A ‘responsible person’ must notify the relevant enforcing authority (Health and Safety Executive (HSE), local authorities and the Office for Rail Regulation (ORR) about deaths, injuries, occupational diseases and dangerous occurrences.

29
Q

Work at Height Regulations 2005

A

Duty holders must do all that is reasonably practicable to prevent persons falling or working from height in the first place.

30
Q

When is hearing protection required under Control of Noise at Work Regulations 2005?

A
  • Lower level - Where a person is exposed to a noise level of 80dB(A) (daily or weekly average exposure), must provide ear plugs

Upper level - Where a person is exposed to a noise level of 85dB(A). Employers must inform the workforce about the risks and precautions, but must also enforce hearing protection zone where hearing protection must be worn.

31
Q

What is the name of the notice required under CDM?

A

F10 submitted to HSE.

32
Q

Who must submit the F10?

A

If commercial client then they must submit F10.

If non-commercial then principal contractor or principal designer.

33
Q

What are the duties of the employer under the Health and Safety art Work Act 1974?

A

A safe system/way to perform their work

A safe place to perform their work

Safe equipment and machinery to perform their work

Ensure they are competent in their roles

Carry out risk assessments

Ensure employees are informed of any risks

Provide adequate welfare facilities

34
Q

What other legislation comes under the Health and Safety at Works Act 1974?

A

The Construction (Design and Management) Regulations 2015

Control of Asbestos Regulations 2012

Personal Protective Equipment Regulations (PPE) 2018

Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013

35
Q

What are the duties of employees under the Health and Safety at Work Act 1974?

A

Employees must exercise reasonable care to adequately protects the health and safety of themselves and their colleagues

Employees must no disrupt of interfere with anything put in place to aid in health and safety

36
Q

What is the purpose of the Control of Substances Hazardous to Health Regulations 2002?

A

It required employers to prevent or reduce workers exposure to substances including:

Chemicals
Fumes and gas
Dust
Nanotechnology
Germs
37
Q

Who are the ‘dutyholders’ under CAR2012?

A

The owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises. This could include surveyors, managing agents, employers, owners and tenants.

38
Q

What are the obligations of the dutyholder under CAR2012?

A

Take reasonable steps to identify ACMs.

Presume ACM unless evidenced otherwise.

Record location and condition of ACM.

Undertake a risk assessment.

Prepare, implement and review an asbestos management plan.

Provide info on ACMs to anyone who may come into contact with them.

39
Q

What is the control limit for asbestos removal?

A

0.1 asbestos fibre per cubic centimetre of air.

40
Q

What is included within a management plan?

A

Asbestos register

Person responsible for management

Monitoring arrangements

Emergency actions in the event of fibre release

Mechanism to inform visitors

41
Q

What is the accreditation that asbestos surveyors should have?

A

United Kingdom Accreditation Serviced (UKAS)

42
Q

Following remove of asbestos what is required?

A

The analyst must issue the ‘Certificate of Reoccupation’ confirming that all asbestos has been removed and the area is safe for occupation.

43
Q

How can lead decorative coatings be safely removed?

A

If paint is in good condition, use a waterproof abrasive paper to make a key for the new coat of paint.

Remove debris with a damp cloth

Wear disposable overalls and FFP3 mask

Wash hands and forearms before eating, drinking or smoking

44
Q

What are the key provisions of Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013?

A

Legal requirement for ‘responsible person’ to and keep records of specified workplace accidents and notify HSE, local authorities of death, injuries, occupational diseases and dangerous occurances.

45
Q

Who holds obligations under RIDDOR 2013?

A

Employers have a duty to- report any work-related deaths, certain injuries, cases of disease, and near misses involving employees.

Those in control of premise shave a duty to- report any work-related deaths, certain injuries, cases of disease, and near misses involving public and self employed people on your premises.

46
Q

What must employers and those in control of premises maintain?

A

Accident book - required by law to record and report details of specified work-related injuries and incidents.

47
Q

What must be reported under RIDDOR?

A

Any incident that comes under the list of ‘specified injuries’, including:

  • factures
  • amputations
  • an injury leading to permanent loss of sight
  • any crushing injury to head or torso causing internal damage
  • over seven day incapacitation of a worker (report made within 15 days of accident)
  • over three day incapacitation of a worker (must be recorded)
  • near miss event (as specified such as failure of a load bearing part of lifting equipment)
48
Q

When is corporate manslaughter applicable?

A

Where there has been a gross breach of the duty of care by a corporate body which leads to a persons death.

49
Q

What is the effect of the occupier liability act?

A

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 ‘danger due to the state of the property’.

50
Q

What are the key provisions of The Working at Height Regulations 2005?

A

Purpose is to prevent death and injury as a result of falls from height.

Employers and those in control of any work at height must make sure that the work is properly planned, supervised and carried out by competent people.

Employees have duty to take reasonable care and cooperate with their employer.

51
Q

At what height to the working at height regulations apply?

A

There is no minimum height. There is a need to control risk of a person falling at any distance liable to cause injury.

52
Q

How do the working at height regulations apply to scaffolding?

A

Should be erected by competent people following the National Access and Scaffolding Confederation (NASC) Safety Guidance.

Top guard rail: minimum 950 above any edge.

Intermediate guard rail: sufficient that the unprotected gap does not exceed 470mm.

Toe board: to prevent material or objects falling off.

53
Q

What are the action limits under the Control of Noise Regulations 2005?

A

Lower level = 80db must provide ear plugs

Upper level = 85db employees must be informed of risk and hearing protection mandatory within a specified hearing protection zone.

54
Q

What are the duties of the Responsible Person under the Regulatory Reform Fire Safety Order 2005?

A

The responsible person can be either the employer, landlord or managing agent.

They must

  • undertaken a fire risk assessment
  • undertake precautions identified by the risk assessment such as adequate fire escapes, compartmentation and suppression.
  • tell staff about the risks within workplaces.
55
Q

What are the steps to undertaking a fire risk assessment?

A
  1. identifying fire hazards, including sources and potential sources of ignition, fire and oxygen
  2. identifying people at risk, including those inside and working in the vicinity of the premises
  3. evaluating risk arising from hazards and to those at risk, including identifying preventative measures to eliminate or control the risk
  4. recording the findings of the assessment and
  5. continuously monitoring and auditing the risk assessment considering the impact of significant changes such as refurbishments.
56
Q

What are the duties of the Duty Holder under the Regulatory Reform Fire Safety Order 2005?

A

This depends on their extent of control over the premises, however a fire risk assessor or a fire alarm engineer may be classed as a duty holder.

57
Q

What properties is the regulatory reform fire safety order applicable to?

A

Applicable to most non-domestic premises and the common parts of domestic premises.

58
Q

What are the main changes introduced by The Fire Safety Act 2021?

A

It amended the RRO 2005 to clarify the role of the Responsible Person who must assess and mitigate fire risk associated with both:

  1. The structure and external walls of a building (including windows and balconies)
  2. The entrance doors to individual flats and communal parts of buildings.

The fire risk assessment must be also updated to incorporate these areas.

59
Q

What are the main changes introduced by the Building Safety Act 2022 (previously the Building Safety Bill)?

A

Introduced following Grenfell Tower Tragedy 2017 and will eventually supersede the Regulatory Reform Order. Received Royal Ascent on 28 April 2022.

The Act provides for a stringent new regulatory regime that will apply during the design and construction of higher-risk buildings to take forward recommendations from the Grenfell Tower Inquiry. To include:

  • Building safety regulator
  • Gateways
  • Accountable person
  • Extend the Defective Premises Act
60
Q

Who and what will the Building Safety Act 2022 apply to?

A

The Act provides for a stringent new regulatory regime that will apply during the design and construction of ‘high-risk’ buildings. This includes those who commission building work and who participate in the design and construction process, including clients, designers, consultants, and contractors alike.

61
Q

What are high-risk buildings under the act?

A

High rise residential buildings over 18 meter in height or at least 7 seven storeys, care homes and hospitals.

62
Q

What are the gateways introduced by the Building Safety Act?

A

Gateway 1 - planning gateway - fire statement to be provided to HSE who will become a statutory consultee.

Gateway 2 – Pre-construction stage – Building Safety Regulator to confirm compliance with building regulations.

Gateway 3 – post completion – as built info submitted to Building Safety Regulator to determine if completed in accordance with building regulations.

Objective to create a ‘golden thread’

63
Q

What were the amendments made to the Defective Premises Act 1972?

A

The limitation period for claims under the Defective Premises Act 1972 extended from 6 to 30 years for actions prior to the Act and 15 years for actions after the Act takes effect.

64
Q

What are the duties of the Accountable Person?

A

They are the individual legally responsible for building safety on occupation. Could be an individual or corporate body, who will have to:

  • assess fire safety risks and prepare a safety case report to be submitted to the building safety regulator
  • appoint a building safety manager
  • apply to register the building as a high risk building
  • retain the prescribed information up to date to maintain the golden thread.
65
Q

When does the Regulatory reform fire safety order apply?

A

Where a building contains two or more sets of domestic premises, the Fire Safety Order applies to:

  • the building’s structure and external walls (including windows, balconies, cladding, insulation and fixings) and any common parts
  • all doors between domestic premises and common parts such as flat entrance doors (or any other relevant door)

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