Level 1 Flashcards

1
Q

What health & safety legislation are you aware of?

A

*The Health and Safety at Work etc. Act 1974 - general duties on employers, employees, and others to ensure health, safety, and welfare at work. It underpins all other H&S regulations.
* (CDM) - legal duties on clients, designers, and contractors to plan, manage, and monitor construction work safely
*The Control of Asbestos Regulations 2012
*The Management of Health and Safety at Work Regulations 1999
*Work at Height Regulations 2005 - using the proper equipment and fall protection
* (COSHH) Regulations 2002
*Provision and Use of Work Equipment Regulations (PUWER) 1998

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2
Q

How do you ensure that you comply with this legislation?

A

*(Management of H&S at Work Regs 1999) - all works are properly risk assessed, review method statements and RAMS are site-specific, relevant, and compliant
*(CDM 2015) - ensuring contractors are competent, check the CPP and facilitate clear communication between all duty holders
*Control of Asbestos Regulations 2012 - review existing asbestos surveys or instruct R&D surveys if needed

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3
Q

What are the penalties under current health & safety legislation?

A

*Criminal Prosecution - fines or imprisonment
*Improvement or Prohibition Notices (by the HSE) - An Improvement Notice gives a business time to fix a breach
A Prohibition Notice stops work immediately if there is a serious risk to health and safety — often causing project delays and reputational damage
*Corporate Manslaughter Charges - a company can be prosecuted if a death occurs due to serious management failures and a gross breach of duty of care

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4
Q

Is it a criminal offence to breach the H&S at Work Act 1974?

A

Yes - places legal duties on employers, employees, and others involved in workplace activities to ensure health, safety, and welfare

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5
Q

Tell me about your employer’s health & safety policy?

A
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6
Q

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

A

The RICS have introduced the ‘safe person’ concept. This is when ‘each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work’.

There is also a greater emphasis on ensuring the competence of individuals, including their responsibility to ensure the use of safe work equipment and safe systems of work for themselves and others.

Furthermore, RICS Regulated Firms must ensure they provide:

A safe working environment
Safe work equipment
Safe systems of work
Competent staff

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7
Q

What guidance does the RICS produce about H&S?

A

*Surveying safely: health and safety principles for property professionals -essential advice on how building surveyors and other construction professionals should meet their health and safety duties
* RICS Surveying safely - best practice & guidance related to hazardous materials, structural integrity and environmental hazards.

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8
Q

Tell me something you understand from reading Surveying Safely.

A

Health and safety should be integrated into everything we do as surveyors, not treated as a separate or one-off task

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9
Q

When was Surveying Safely last updated?

A

Was reissued in July 2023 as a professional standard

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10
Q

What are the key changes?

A

*Introduction of the safe person concept
*Enhanced Focus on Competence and Safe Systems of Work
*Updated Risk Control Hierarchy
*Inclusion of Fire Safety Considerations

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11
Q

What is the safe person concept?

A

Encourages individuals to take personal responsibility for their own health and safety, as well as that of their colleagues and others in the workplace. This approach fosters a culture where safety is a shared responsibility at all levels.

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12
Q

What must Regulated Firms provide?

A

Take a proactive approach to health and safety:
*Safe Work Environment, Equipment & Systems
*Training and Competence - staff and contractors are competent
*Firms must have a written health and safety policy
*Senior management should actively lead and support health and safety
*Regulated firms are expected to monitor H&S performance

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13
Q

What happened in the case of Suzy Lamplugh?

A

Her disappearance led to widespread changes in estate agency and surveying practice — including the introduction of lone worker policies, check-in systems, and the emphasis on risk assessment before attending viewings or inspections alone.

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14
Q

Why is this important for surveyors?

A

I always ensure lone working protocols are followed. That might include letting a colleague know where I am, using check-in apps, avoiding unknown appointments in remote areas, or attending with another team member where necessary.

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15
Q

What is Personal Protective Equipment (PPE)?

A

refers to any clothing or equipment worn by an individual to protect them from health and safety risks at work.

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16
Q

What is a risk assessment?

A

A formal process used to identify potential hazards in a task, workplace, or environment — and then evaluate the risks associated with those hazards

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17
Q

What is a risk?

A

Likelihood or chance a hazard can cause harm or damage

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18
Q

What is a hazard?

A

Has the potential to cause harm or damage

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19
Q

How would you undertake a risk assessment before attending site?

A

*Gather information about the site - use, occupied, any known hazards
*Identify the hazards, assess and control.
*Prepare Equipment and PPE
*Document and review on site.

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20
Q

What is asbestos?

A

Asbestos is a naturally occurring mineral made up of tiny, flexible fibres that are resistant to heat, electricity, and corrosion. Commonly used in - ceiling tiles, insulation, floor tiles & adhesives

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21
Q

What legislation are you aware of in relation to asbestos?

A

*Control of Asbestos Regulations 2012 (CAR 2012)
- Duty to Manage Asbestos (Regulation 4) (Asbestos register)
- Training requirements - asbestos awareness training
- Licensing - licensed contractor
*Health and Safety at Work etc. Act 1974
- Duty of care for employers and employees
*Construction (Design and Management) Regulations 2015 (CDM 2015)
-Clients, designers, and contractors have a duty to ensure risks from asbestos are identified and managed
-Asbestos info should be passed along during pre-construction and planning phases.

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22
Q

What do you understand by the Control of Asbestos Regulations 2012?

A

*Main UK legislation that governs how asbestos must be identified, managed, and controlled to prevent exposure and protect people’s health, its purpose:
- Prevent asbestos exposure.
- Ensure safe working practices.
- Reduce the risk of serious health issues, such as mesothelioma, lung cancer, and asbestosis.

23
Q

Who is the duty holder?

A

Under Regulation 4 of CAR 2012, the dutyholder is the person or organisation that has legal responsibility for managing the maintenance or repair of non-domestic premises.

24
Q

How does asbestos cause lung damage?

A

Asbestos has tiny fibres which are:
*Microscopic (invisible to the naked eye)
*Sharp and needle-like
*Easily inhaled deep into the lungs
Once inhaled, the body can’t break them down or remove them easily, so they get lodged in lung tissue, where they cause chronic irritation and inflammation

25
What are the two types of asbestos survey?
*Management Asbestos Survey - manage asbestos risks in buildings that are occupied or in use. The aim is to identify and monitor any asbestos-containing materials to prevent exposure during normal use or maintenance.# *Demolition or Refurbishment Asbestos Survey - intrusive and is required when a building is being demolished or undergoing major refurbishment. Its purpose is to identify all asbestos-containing materials that may be disturbed during the work.
26
When was asbestos banned?
1999 – First full ban on the use of asbestos 2000 - The full ban came into force on November 24, 2000, prohibiting the use of all types of asbestos, including chrysotile (white asbestos), across the UK
27
What is an asbestos survey/management plan?
*Asbestos survey - formal inspection and assessment of a building or structure to identify whether it contains asbestos-containing materials (ACMs) and, if so, to assess their condition and potential risks. *Management plan - To identify ACMs and assess their condition so they can be safely managed without disturbing the building’s normal use.
28
Explain the key principles of the new RICS guidance relating to asbestos.
The Guidance Note aims to ensure that surveyors and their clients comply with UK legislation relating to asbestos. It also aims to ensure that no one is put at risk of exposure to asbestos.
29
What is occupational health? Why is it important?
Focuses on the physical and mental well-being of employees in the workplace. goal of occupational health is to ensure that workers remain healthy, safe, and productive throughout their careers
30
What are the Construction (Design & Management) Regulations 2015?
Set of UK health and safety regulations that aim to improve health, safety, and welfare in the construction industry. They place legal duties on everyone involved o plan and manage risks from the start of a project right through to its completion and future use. To ensure: *Health and safety are considered at every stage of a construction project. *Risks are designed out where possible. *Everyone involved in a project understands their role and responsibilities. *There is clear communication and collaboration among all parties
31
When were they last updated? What changes were made?
2007 to 2015. Key Changes: - Client Responsibilities Enhanced - Clients now have a duty to ensure that: *Sufficient time and resources are allocated for the project. *A Principal Designer and Principal Contractor are appointed on projects involving more than one contractor. *Pre-construction information is provided to all parties. *A Health and Safety File is produced and passed on after the project is completed. -Introduction of the Principal Designer Role *Take responsibility for H&S *work with the deign team to eliminate/reduce risks *adequate health and safety information is provided to all contractors. -Changes to the Role of the Designer *active steps to eliminate or reduce risks through the design process *Provide relevant health and safety information to the Principal Designer and contractors.
32
What is a notifiable project?
Construction work is notifiable to the HSE if the construction work on a construction site is expected to: last more than 30 days and have more than 20 workers working at the same time at any point on the project or. exceed 500 person days of construction work.
33
What are the BSI competence requirements (PAS) that relate to the CDM roles?
The British Standards Institute (BSI) defines competence requirements for the Construction, Design and Management (CDM) regulations through the PAS 8671 and PAS 8672 standards. PAS 8671:2022: This standard outlines the competence requirements for Principal Designers. PAS 8672:2022: This standard defines the competence requirements for Principal Contractors,
34
Which BSI competence requirement (PAS) relates to the management of safety in residential buildings?
PAS 8673:2022. This PAS specifies the competence requirements for managing safety in residential buildings and other developments that include residential accommodation.
35
What is the key fire safety legislation?
*Regulatory Reform (Fire Safety) Order 2005 (RRO) - sets out the legal framework for fire safety in non-domestic premises. applies to employers, managers, and owners of premises, making them the responsible person for fire safety. * The Fire Safety Act 2021 -plies to multi-occupied residential buildings, such as blocks of flats, and focuses on the safety of shared areas (e.g., stairways, hallways, and external walls). *Building Regulations (Approved Document B) - designed to ensure that buildings are safe from fire hazards and that there are sufficient means of escape in the event of a fire. *Health and Safety at Work Act 1974 (HSWA) - safe working environment, which includes implementing fire safety measures.
36
Tell me about your understanding of the Equality Act 2010.
Its primary aim is to promote equality, fair treatment, and protection against discrimination for individuals in various areas of life, such as in the workplace, education, and public services.
37
Explain what RIDDOR is.
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations. Employers, self-employed individuals, and those who manage work premises (such as building owners or landlords) are required to report certain types of incidents, depending on their severity.
38
What is a CSCS card?
Construction Skills Certification Scheme card - verify that a worker has the necessary skills and qualifications to perform their job safely
39
What is COSHH?
The purpose of COSHH is to protect employees and others who may be exposed to hazardous substances, such as chemicals, fumes, dust, biological agents, and vapours.
40
What changes have recently been made to COSHH?
Recent changes to COSHH primarily focus on updating the classification and labelling of hazardous substances to align with EU regulations and to clarify the application of the regulations to various substances and situations
41
Explain any recent changes to Part B that you are aware of.
*Ban on combustible materials in external walls of high-rise buildings, *mandatory sprinklers in new care homes *provisions for secure information boxes and evacuation alert systems in new buildings over 11 and 18 meters in height, respectively.
42
Explain your understanding of the Fire Safety Act 2021.
UK legislation designed to improve fire safety in multi-occupied residential buildings, particularly following the Grenfell Tower fire. It clarifies and strengthens the responsibilities of building owners and managers to ensure the safety of occupants. Key Points: * Focus on External Walls and Roof Spaces *RP required to ensure fire safety in both internal and external parts of the building, including the structure, cladding, insulation, and roof areas. *mandates that fire risk assessments must consider external building elements, such as cladding and insulation, as well as internal systems *Applies to High-Rise Residential Building
43
What is the role of the Building Safety Regulator?
Part of the Health and Safety Executive (HSE), is responsible for overseeing and enforcing the safety of all buildings in England, with a particular focus on high-rise residential buildings. Its key role is to ensure that buildings are designed, constructed, and managed in a way that protects residents and the public
44
Explain your understanding of the Building Safety Act 2022.
Introduced in the wake of safety concerns for occupants of high-rise buildings after the 2017 Grenfell Tower tragedy. The legislation is intended to improve the design, construction and management of higher-risk buildings. It came into force from 1 April 2023.
45
How do the key roles differ under the BSA 2022 and CDM 2015?
CDM - concerned with H&S during construction *Principal Designer - responsible for managing health and safety risks associated with the design process. *Principal Contractor - doesn't have a specific Principal Contractor role. *Duty Holders - focuses on the responsibilities of the client, designer, and contractor. *Scope - CDM 2015 applies to all construction projects BSA- focuses on H&S through a buildings lifespan. broader responsibilities, including ensuring compliance with Building *Principal Designer - Regulations and coordinating the design to ensure the safety of the finished building-broader responsibilities, including ensuring compliance with Building Regulations and coordinating the design to ensure the safety of the finished building *Principal Contractor - responsible for managing the construction process and ensuring the building is constructed safely in accordance with the design *Duty Holders - Introduces new roles like Principal Accountable Person (PAP) and Accountable Person (AP), who are responsible for the long-term safety of the building. *Scope - focuses on high-rise residential buildings and specific types of construction projects
46
Building Safety Act and Fire Safety Act
The Building Safety Act 2022 and the Fire Safety Act 2021 are two separate yet related pieces of legislation in the UK aimed at improving building safety, particularly in high-rise residential buildings. The Building Safety Act focuses on overall building safety, while the Fire Safety Act specifically addresses fire safety risks in multi-occupied residential buildings.
47
Which is the most common type of asbestos?
*Chrysotile (also known as white asbestos) - used in walls, floors, roof and ceiling tiles. *Amosite (also known as brown asbestos) - insulation board, sheetrock, ceiling tiles and thermal insulation *Crocidolite (also known as blue asbestos) - pipe insulation, spray-on coatings, types of cement wallboard
48
What are the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?
All equipment used for lifting is fit for purpose, appropriate for the task, suitably marked and, in many cases, subject to statutory periodic 'thorough examination'.
49
How often should a lift be inspected under LOLER?
Equipment used for lifting people should be examined at least every 6 months to ensure maximum safety and reliability. All other lifting equipment must be inspected at least once every 12 months to identify wear and potential failures early on
50
Do you think that you may have a duty of care to keep a property secure even if there is no express provision in your contract?
Everyone has a duty of care, a responsibility, to make sure that they and other people are safe in the workplace. If you are an employer, or PCBU, you have the main responsibility for the health and safety of everyone in your workplace, including visitor
51
What case law relates to this duty of care?
A landmark case in UK law that established duty of care can be seen in the 1932 legal case of Donoghue v Stevenson. In this case, Mrs Donoghue became unwell after drinking a ginger beer manufactured by Stevenson that contained a snail. The case established that manufacturers have a duty of care to their consumers
52
What changes were brought in by the Personal Protective Equipment at Work (Amendment) Regulations 2022?
They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. A limb (b) worker now has a duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.
53
Why might tagging be used on scaffolding?
To visually communicate the safety status of a scaffold, ensuring workers know when it's safe to use and when it's not. They help prevent accidents and comply with safety regulations by providing a clear visual indication of the scaffold's condition