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APC > Health & Safety (Good Questions) > Flashcards

Health & Safety (Good Questions) Flashcards

1
Q

What can you tell me about the RICS Guidance Note - Surveying Safely - Health and Safety Principles for Property Professionals (2018)?

A

The guidance note:

  1. Sets out basic, good practice principals for the management of health and safety for RICS firms and members.
  2. Seeks to ensure that individuals accept responsibility for their own actions and have the tools to do their job.
  3. Requirement for up-to-date personal and corporate responsibilities for property professionals.
  4. Legal considerations and duties (e.g asbestos).
  5. How to address fire safety.
  6. Advice on health, well-being and mental health.
  7. States firms must ensure they provide: SAFE WORKING ENVIRONMENT / SAFE EQUIPMENT / SAFE SYSTEMS OF WORK / COMPETENT STAFF

The structure of the document is:

  1. Personal responsibilities for RICS members and firms.
  2. Assessing hazards and risks
  3. Workplace health & safety
  4. Occupational hygiene and health
  5. visiting premises and sites
  6. Fire safety
  7. Residential property surveying
  8. Procurement and management of contractors
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2
Q

What does RICS Guidance Note - Surveying Safely (2018) cover?

A

The guidance note:

  1. Sets out basic, good practice principals for the management of health and safety for RICS firms and members.
  2. Seeks to ensure that individuals accept responsibility for their own actions and have the tools to do their job.
  3. Requirement for up-to-date personal and corporate responsibilities for property professionals.
  4. Legal considerations and duties (e.g asbestos).
  5. How to address fire safety.
  6. Advice on health, well-being and mental health.
  7. States firms must ensure they provide: SAFE WORKING ENVIRONMENT / SAFE EQUIPMENT / SAFE SYSTEMS OF WORK / COMPETENT STAFF

ALSO COVERS:

  1. Assessing hazards and risks (including risk assessments, H&S policy etc)
  2. Property professionals places of work (including building services and emergency arrangements)
  3. Occupational health
  4. Visiting premises and sites (lone working, PPE, travel arrangements)
  5. Signing in and out of a building or a construction site and receive a site induction (wear PPE)
  6. Procurement and management of construction work
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3
Q

How is the Surveying Safely document structured?

A

The structure of the document is:

  1. Personal responsibilities for RICS members and firms.
  2. Assessing hazards and risks
  3. Workplace health & safety
  4. Occupational hygiene and health
  5. visiting premises and sites
  6. Fire safety
  7. Residential property surveying
  8. Procurement and management of contractors
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4
Q

What is the RICS concept of a safe person?

A

The concept means that an individual assumes responsibility for their own, their colleagues and others health and safety while at work.

The concept seeks to ensure that individuals accept responsibility for their own actions and have the tools they need to do their job safely.

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5
Q

What areas of advice does Surveying Safely (2018) cover?

A

The guidance note:

  1. Sets out basic, good practice principals for the management of health and safety for RICS firms and members.
  2. Seeks to ensure that individuals accept responsibility for their own actions and have the tools to do their job.
  3. Requirement for up-to-date personal and corporate responsibilities for property professionals.
  4. Legal considerations and duties (e.g asbestos).
  5. How to address fire safety.
  6. Advice on health, well-being and mental health.
  7. States firms must ensure they provide: SAFE WORKING ENVIRONMENT / SAFE EQUIPMENT / SAFE SYSTEMS OF WORK / COMPETENT STAFF

ALSO COVERS:

  1. Assessing hazards and risks (including risk assessments, H&S policy etc)
  2. Property professionals places of work (including building services and emergency arrangements)
  3. Occupational health
  4. Visiting premises and sites (lone working, PPE, travel arrangements)
  5. Signing in and out of a building or a construction site and receive a site induction (wear PPE)
  6. Procurement and management of construction work
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6
Q

What does the Health & Safety At Work Act 1974 cover?

A

FIRMS have a ‘’ DUTY TO EVERY EMPLOYER TO ENSURE, AS FAR AS REASONABLY PRACTICABLE, THE HEALTH, SAFETY AND WELFARE AT WORK OF ALL EMPLOYEES ‘’

  1. Firms must report injuries and dangerous occurrences (1995 Regulations)
  2. Firms must undertake, record and regularly review a risk assessment (1999 Regulations)
  3. Detailed H&S information is to be held on site.
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7
Q

What is a hazard?

A

Hazard refers to anything that has the potential to cause harm (E.G A WET FLOOR)

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8
Q

What is a risk?

A

The probability / likelihood that someone will be harmed is called a risk (i.e the risk of falling over on a wet floor)

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9
Q

What is your understanding of the PPE at Work Regulations 2022?

A
  1. Extends employer’s duty to ensure provision of appropriate PPE for employees and contractors, to include even those in casual employment.
  2. This includes cleaning, security and construction workers.
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10
Q

What is a risk assessment?

A
  1. Legal requirement for organisations employing more than 5 staff to carry out a documents health and safety risk assessment of all their significant hazards.

A simple outline is:

  1. Identify Hazards present
  2. Identify the people at risk from the hazards
  3. Evaluate the risk and existing precautions in place.
  4. Records the findings on a suitable form.
  5. Review the risk assessment regularly.
  6. Advise all those affected of the outcome of the risk assessment and precautions in place to minimise or eliminate risk.
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11
Q

What is in a risk assessment?

A
  1. Identify Hazards present
  2. Identify the people at risk from the hazards
  3. Evaluate the risk and existing precautions in place.
  4. Records the findings on a suitable form.
  5. Review the risk assessment regularly.
  6. Advise all those affected of the outcome of the risk assessment and precautions in place to minimise or eliminate risk.
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12
Q

What is a method statement?

A
  1. Document detailing the way a task or process is to be completed and prior approved.
  2. Should outline hazards and provide step by step guide on how to do job safely.
  3. Must detail control measures introduced to ensure the safety of anyone affected by task or process.
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13
Q

When is a written health and safety policy document required? What must it include?

A

Required for employers if they employ more than 5 employees

MUST CONTAIN THE FOLLOWING FOUR POINTS:

  1. Policy setting out the organisations COMMITMENT to H&S
  2. Details of the organisations H&S STRUCTURE, with roles and responsibilities for organising H&S
  3. a RISK ASSESSMENT setting the risks within the workplace and the preventative measures in place.
  4. Details of the PLANNING, IMPLEMENTATION of the H&S policy and control measures.
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14
Q

What are the ‘‘SIX PACK’’ of H&S Regulations? Why and when were they introduced?

A

Introduced in 1993 to clarify how employers must comply with their duties under H&S at Work Act 1974

  1. Management of Health & Safety at Work
  2. Display Screen Equipment
  3. Manual Handling Operations
  4. Personal Protective Equipment at Work
  5. Provision and Use of Work Equipment
  6. Workplace Health, Safety and Welfare
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15
Q

What does RIDDOR stand for?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

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16
Q

What does RIDDOR stand for and what does it cover?

A

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

  1. Trigger date for reporting injuries is over 7 days incapacitation
  2. Injuries must be reported to HSE within 15 days of accident
  3. Employers must keep record of all 3-day + injuries
  4. Information to be kept in an accident book which must be kept for a minimum of 3 years after an occupational accident or injury?
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17
Q

How long does information need to be kept in an accident book?

A
  1. Minimum of 3 years after an occupational accident or injury
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18
Q

Who polices the H&S at Work Act 1974?

A

Policed by H&S Executive as a criminal offence

Fines and /or imprisonment.

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19
Q

What does the Corporate Manslaughter and Corporate Homicide Act 2007 cover?

A
  • Covers gross breaches of a duty of care by a corporate body leading to a persons death.
  • Penalties range from an unlimited fine, imprisonment and disqualification as a company director.
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20
Q

What is your understanding of Fire Risk Management Regulatory Reform (Fire Safety) Order 2005?

A
  • Based on a risk assessment with emphasis on fire prevention.
  • Applies to non-domestic property in England and Wales
  • Must be fire precautions in place following risk assessment.
  • Reasonable fire precaution measures could include: Fire detection and warning alarm system / Fire-fighting equipment / Safe exit routes / a personal emergency evacuation plan, emergency lighting and signage / suitable fire exit doors.
  • Highlights a need for good record keeping / risk assessment / fire policy / fire procedures / staff training.
  • Responsible person is defined as the employer / occupier who controls the property / owner if vacant.
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21
Q

What is your understanding of the Fire Safety Act 2021 and Fire Safety Regulations 2022?

A
  • Followed Hackitt Review (2018)
  • Came into effect January 2023
  • Amends the Regulatory Reform (Fire Safety) Order 2005

The ACT:

  1. Applies to all premises in England and Wales
  2. Requires Fire Risk Assessments to be regularly updated
  3. Requires responsible person to assess, manage and reduce fire risks posed by external walls / structure / common areas of the building.
  4. Allows Fire Service to take enforcement action against responsible persons who fail to comply
  5. Additional mandatory requirements for blocks over 11m and over 18m
  6. Regular inspections of lifts to be reported to fire and rescue services.
  7. Ensuring evacuation plans are regularly updated and personal evacuation plans for residents whose evacuation abilities are compromised.
  8. Ensures residents are provided with suitable fire safety instructions.
  9. Ensuring individual flat entrance doors comply with current standards where external walls have unsafe cladding.
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22
Q

What does EWS stand for?

A

External Wall Systems - many of these have been found to be unsafe following the Grenfall fire.

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23
Q

What is an EWS1 form?

A
  1. Form that enables a ‘‘qualified professional’’ to confirm that an EWS on residential building has been assessed for safety, in line with government guidance.
  2. Introduced by UK government and mortgagors to enable valuation of tall residential buidlings
  3. Can be used on residential properties of all heights except for hotel.

RICS PROVIDES INTERACTIVE DECISION TREE TO UNDERSTAND WHERE EWS1 FORM REQUIRED.

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24
Q

What type of residential building can an EWS1 form be used for?

A
  1. Flats
  2. Student accommodation
  3. Assisted living and care homes
  4. HMO’s
  5. Mixed use blocks

CAN’T BE USED FOR HOTELS

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25
Q

What does EWS1 criteria consider?

A
  1. Height of the building
  2. Type and cladding, and amount of cladding
  3. Presence of balconies and combustible material.
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26
Q

How long are EWS1 forms valid for?

A

5 years

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27
Q

What is your understanding of the Building Safety Act 2022?

A
  1. Legislation is aimed at enhancing regulations for building safety and ensuring residents have a stronger voice in ensuring safety in buildings.
  2. The legislation implements elements of the Hackitt Review to provide a new system to oversee the built environment.
  3. Regulated by local enforcement agencies and national regulators.
  4. Strengthens:
  • The accountability and duties for those responsible for the safety of high rise buildings.
  • Residents ability to contribute to safety
  • enforcement to deter non-compliance
  • A national framework to ensure the suitability of construction materials
  • the requirement for new build developers to belong to a New Homes Ombudsman Scheme
  1. Act was granted royal assent in April 2022 with provisions coming over the next two years.

Key Provisions:
1. Introduces Building Safety Regulator to oversee safety and standards. (BUILDING SAFETY REGULATOR = BUILDING CONTROL BODY)
2. Golden thread of information is required for higher risk buildings.
3. Mandatory occurrence report is required for higher risk building
4. New high rise buildings must be registered before occupied.
5. Further provisions are still to be introduced.
6. HSE is responsible for verifying building works to ensure they meet building regulations.
7. HSE provides completion certificate.

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28
Q

What is the Occupiers Liability Act 1957?

A
  1. The Act regulates the liability of occupiers and others for injuries caused to lawful visitors, as well as damage caused to goods, due to ‘‘dangers due to the state of the property or things omitted to be done’’.
  2. Common duty of care is imposed to lawful visitors - Occupiers and those who have control over premises (Landlords) are liable.
  3. Duty on those who are in occupation / control to take reasonable care to ensure visitor is reasonably safe for the purposes for which he is invited or permitted by the occupier to be there’’.
29
Q

What is the Occupiers Liability Act 1984?

A
  1. Occupiers Liability Act 1984 extends the common duty of care to trespassers.
  2. Occupier must have actual or constructive knowledge that a danger exists and that a trespasser is or may be near it.
  3. 1984 Act only allows an injured trespasser to claim for death and personal injury, not damage to personal property.
30
Q

What is the difference between the Occupiers Liability Act 1957 and 1984?

A
  1. 1957 Act imposes obligation on occupiers in regards to ‘‘lawful visitors’’ whereas the 1984 act imposes liability on occupiers with regard to trespassers.
  2. 1957 Act provides that all lawful entrants are owed the same ‘‘common duty of care’’ whereas the 1984 act governs the duty of occupier to trespassers.
  3. 1957 Act covers personal injury and damage to property, whereas the 1984 act only imposes a duty to personal injury.
31
Q

What is your understanding of the Smoke-free (premises & enforcement) regulations 2007?

A
  1. Regulations make it illegal to smoke in all enclosed and substantially enclosed public places.
  2. No-smoking signs must be displayed
  3. Local authorities enforce the law
  4. Penalties range from a fixed penalty notice (£50) to maximum fine of £2,500.
32
Q

What is your understanding of the Defective Premises Act 1972?

A
  1. The Act imposes an obligation on the landlord to ensure that the premises comply with its requirements.
  2. s.4 states the landlord owes a reasonable duty of care to all those who might reasonably be expected to be affected by defects.
  3. Landlords are not required to make a building safe and to keep it in a safe condition.
  4. Where personal injuries result from a failure to repair, there may be remedy under the act.
  5. Building Safety Act 2022 has extended the period of liability from 6 years after the completion of the works to 15 years for a claim arising after June 2022.
33
Q

What is Asbestos? Why was it used? What are some examples of where it might have been used?

A

Asbestos is an insulating material which can causes serious health problems and fatal diseases.

Used because it is low, cost, fireproof, sound absorbing and has strong fiber strength and heat resistance.

Was used for:

  1. Building materials such as roofing, floor tiles, cement products.
  2. Heat-resistant fabrics
  3. Thermal & chemical insulation
  4. Asbestos cement sheets and pipes for construction
34
Q

Why was Asbestos Used?

A

Used because:
1. Low cost
2. Fireproof
3. Sound absorbing
4. Strong fiber strength
5. Heat resistant.

35
Q

When is Asbestos dangerous?

A
  1. When disturbed or damaged it can release small toxic fibres which can lodge in the lungs and cause illness.
  2. Poses no risk to health if left undamaged and undisturbed.
36
Q

How many properties in the UK contain Asbestos?

A

Approximately 4 million UK properties

37
Q

How many deaths does Asbestos cause every year?

A

Approximately 5000 deaths per annum

38
Q

What are the three types of Asbestos?

A
  1. Brown (AMOSITE)
  2. Blue (CROCIDOLITE)
  3. White (CHRYSOTILE)
39
Q

When was Chrysotile (White asbestos) banned?

A

1999

40
Q

When was Amosite (brown asbestos) and Crocidolite (blue asbestos) banned?

A

1985

41
Q

What is the key legislation for Asbestos?

A
  1. Control of Asbestos Regulations 2012

Non compliance is a criminal offence.

42
Q

What is your understanding of Control of Asbestos Regulations 2012?

A
  1. Statutory duty to manage existing asbestos in commercial buildings.
  2. Non-compliance is a criminal offence.
  3. Two separate obligations - to the duty holder and an employer
  4. Duty holder is the owner of the premises if vacant or a tenant if holding a repairing lease.
  5. Non licenced work with asbestos needs to be notified to HSE
  6. Brief written records should be kept for notifiable non-licenced work.
43
Q

What types of Asbestos survey are there?

A
  1. Management Survey
  • To locate, assess and advise on its management during occupation and use of premises.
  1. Refurbishment / Demolition survey
  • Required where premises, or part of it, need upgrading, refurbishment or demolition.
  • Samples of materials suspected of containing asbestos are taken and analysed
  • Recommendations are made regarding their management
44
Q

What is the purpose of a management survey?

A
  1. To locate, assess and advise on asbestos management during occupation and use of premises.
45
Q

What is the purpose of a refurbishment / demolition survey?

A
  1. Required where premises, or part of it, need upgrading, refurbishment or demolition.
  2. Samples of materials suspected of containing asbestos are taken and analysed.
  3. Recommendations are made regarding their management.
46
Q

What are the obligations of a duty holder in regards to asbestos?

A
  1. Must undertake risk assessment
  2. Express obligation to manage risk and prepare / implement / review a written plan.
  3. All work undertaken must be done by a licenced contractor.
  4. Asbestos register must be produced and regularly updated.
  5. Asbestos register should contain a ‘‘priority score’’ to triage remediation.
  6. Newly constructed buildings require an architects certificate to confirm there is no asbestos present.

Also 5 steps a duty holder must undertake:

47
Q

Do newly constructed buildings require an Asbestos Register?

A

No, they require an architects certificate to confirm there is no asbestos present.

48
Q

What are the five steps a duty holder must undertaken in relation to asbestos?

A
  1. Assess whether premises contain asbestos, where it is, what condition it is in.
  2. Assess risk and produce asbestos management plan. (removal required?)
  3. Produce Asbestos register
  4. Make the register available to all relevant parties who might disturb it.
  5. Review the register regularly (HSE recommend 6 monthly)
49
Q

What fines are there for asbestos offences? What defence is there?

A
  1. Health & Safety Act 2008 enables fines to a maximum of £20,000 and the possibility of 12 months imprisonment.
  2. Act also enables more serious offences to be tried in higher courts where there is no limit on fines.
  3. Defence is that the person took all reasonable precautions and exercised all due diligence.
50
Q

What RICS document covers Asbestos?

A

RICS Professional Standard - Asbestos 2021

51
Q

What is your understanding of the RICS Professional Standard - Asbestos 2021?

A
  1. Comprehensive overview of the law and industry guidance for asbestos.
  2. Sets out best practice for property professionals to comply with the law.
  3. Includes details of common asbestos-containing materials.
  4. Advises on how to commission an asbestos survey.
  5. Suggests the contents of an asbestos management plan.
52
Q

What are the statutory obligations of a commercial property owner?

A
  1. Asbestos management
  2. Contamination
  3. Equality Act 2010 compliance
  4. Energy Performance Certificates
  5. Fire safety
  6. Health and safety
  7. Legionnaires disease.
  8. Occupiers liability
  9. PAT testing
  10. Waste management
53
Q

What is your understanding of Construction (Design and Management) CDM Regulations 2015?

A

The legislation is aimed at providing easier to understand regulations the key parts are:

  1. The main duty holders are three: The Client, Principal Designer and Principal Contractor
  2. All projects with more than one contractor working on site must have a Principal Designer and Principal Contractor and H&S file.
  3. Onus on the client and not the contractor to ensure CDM arrangements.
  4. Construction Phase Plan is required for all projects with safety considered at the design stage of a project by the Principal Contractor.
  5. There is a need for risk assessment and a Principal Designer.
54
Q

Who polices CDM regulations?

A

Health & Safety Executive (HSE)

  1. They can prosecute and issue fines.
  2. Issue Improvement and Prohibition Notices when regulations are breached.
55
Q

When do you notify HSE of construction projects? How do you notify?

A
  1. If project lasts longer than 30 construction days with 20+ workers working simultaneously on site.
  2. If there is more than 500 person days of construction work.
  3. If demolition is involved.
  4. Notify via a F10 form
56
Q

Do you have to maintain a CDM file during construction?

A

Yes - must be passed to the occupier / owner of the building and contain all aspects of H&S information regarding the property and operation / running of the building.

57
Q

Tell me about the precautions and procedures which you undertake in regard to current health & safety legislation?

A
  1. I have regard to the HEALTH & SAFETY AT WORK ACT 1974 which is policed by the Health and Safety Executive with fines and/or imprisonment.
  2. This states that there is a ‘duty to every employer to ensure, so far as reasonably practicable, the health, safety and welfare of all employees’.

I ensure I :
1. Report injuries and dangerous occurrences.
2. Undertake, record and regularly review risk assessments prior to visiting site.

58
Q

Why is health and safety so important?

A
  1. To ensure the safety of yourself and others around you.
  2. Especially relevant with my employer who works in dangerous situations.
  3. We have a ‘‘Everybody home safe, every day’’ policy.
59
Q

What is a risk assessment?

A
  1. A risk assessment is an assessment of the potential hazards and risks involved when doing something.
  2. It is a legal requirement for organizations who employ more than 5 staff to carry out documented health and safety risk assessments of all their significant hazards.
60
Q

What are the five approaches to risk assessment?

A
  1. Identifying Hazards Present
  2. Identifying people at risk from the hazard
  3. Evaluating the risk, taking into account the likelihood and severity of accidents. Existing controls in place should be identified and evaluated.
  4. Record findings in a suitable form.
  5. Review the risk assessment regularly.
61
Q

What would you consider in terms of safety when going on site?

A
  1. What PPE is required.
  2. Whether the property is vacant or not.
  3. If it was a construction site.
  4. If there was any contamination
  5. Whether the building was stable and ok to enter.
  6. Whether the site provided unfettered access to the rail.
62
Q

Does your firm have specific policy in terms of site inspection safety?

A
  1. You must carry out a health and safety assessment prior to going on any inspections.
  2. Must take a lone working device and inform colleagues if visiting site by yourself.
  3. Hazards identified during site inspection are to be logged on my employers ‘‘close call’’ system.
  4. If the site inspection involves unsecured trackside access, need to be accompanied by a Controller of Site Safety (CSS).
63
Q

You inspect a vacant warehouse in the late afternoon. What would you do before leaving the office and what safety measures would you carry out?

A
  1. Risk assessment prior to leaving office.
  2. Organise inspection and access arrangements to site.
  3. Inform people in the office where I am going and when I will return.
  4. Have a diary entry with my location.
  5. Bring a lone working device and have a charged mobile phone with me at all times.
64
Q

Have you heard about the case of Suzie Lamplugh?

A
  1. Yes - she disappeared on inspection while working as an estate agent in Fulham in 1986.
65
Q

How do you do your job safely?

A
  1. Regularly carry out risk assessments before carrying out day to day activities
66
Q

Do you have regard to any RICS publications when doing your job safely?

A

Yes:

  1. Surveying Safely (2018)
  2. Asbestos (2021)
67
Q

What is asbestos and whose responsibility is it to maintain it?

A
  1. Insulating material used in the 1980’s.
  2. 4 million properties in the UK contain asbestos.
  3. Fine if not disturbed, but if disturbed can be fatal as it released toxic fibres into your lungs.
  4. Should always seek specialist advice.
  5. Duty holder must undertake the risk assessment (Tenant if FRI lease and landlord if vacant).
  6. Duty holder is liable for maintaining the asbestos and the register.
68
Q

Disability discrimination and the Equality Act 2010. What precautions must be in place to prevent disability discrimination?

A
  1. Landlord must have precautions in place to allow use of building by disabled persons.
  2. If no precautions in place, they have to make precautions so that adaptions can be made (i.e a lift)
  3. Part M of the Building Regulations

APC (18 decks)

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