H&S regs

Question 1

What is the CSCS?

Answer 1

The construction skills certification scheme. The cards certify that the holder has the appropriate training, experience and qualifications for their work (in particular in relation to health and safety).

Question 2

What is the Health and safety at work act 1974?

Answer 2

The Health and Safety at Work etc. Act 1974:

1. Applies to all workplaces including construction sites.
2. 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.
3. Failure to comply with the requirements of the Act is a criminal offence which can result in a prison sentence of up to 2 years prison and an unlimited fine.
4. All health and safety regulations fall under this Act.
5. Section 2 gives employers a duty to ensure the health and safety of employees as far as is reasonably practicable.
6. Section 3 imposes a duty to ensure people who are not employees are not exposed to health and safety risks.
7. Section 4 imposes a duty to ensure premises are safe and from risks to health.
8. Sections 7 and 8 give employees a duty to take reasonable care.
9. Section 37 provides that directors and managers can be liable personally for neglect or consent that leads to an offence under the Act.

Question 3

What is the Health and Safety Executive?

Answer 3

The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It prevents work-related death, injury and ill health.

Question 4

What is The Management of Health and safety Regulation 1999?

Answer 4

The Management of Health and Safety at Work Regulations 1999 makes explicit requirements for employers to satisfy the requirements of the Health and safety at work etc act 1974.

It sets out Requirements for:

• Risk assessments. Thinking about what might cause harm and deciding what steps to take to prevent harm.
• Apply principles of prevention. Avoid risk where possible, evaluate unavoidable risks and put in place proportionate measures to control risks at source (see below).
• A written statement of general health and safety policy for employers of employing 5 or more people, and bring the policy to the attention of employees. Note employers of fewer than 5 people must still have a health and safety policy, but it does not need to be written down. See Health and Safety Policy for more information.
• Method statement. Widely used in construction industry as means of controlling specific health and safety risks that have been identified. This helps manage the work and ensures precautions communicated to those involved. See Method statement for more information.
• Review and inspection: By the employer internally and by Health and Safety Executive (HSE) externally, assessing things such as; prevention of falls, working at height, platforms, asbestos, avoidance of obstructions and so on.
• Competent people must be appointed by the employer to assist in meeting legal requirements of health and safety legislation. They do not have to be employees, so can for example be consultants.

Question 5

What is COSHH?

Answer 5

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to prevent or reduce workers’ exposure to substances including:

• Chemicals, and products containing chemicals.
• Fumes, gases, vapours and mists.
• Dusts.
• Nanotechnology
• Biological agents and germs.

It does not include lead, asbestos or radioactive substances, which are controlled by other legislation.

Question 6

What is RIDDOR?

Answer 6

• There is a legal requirement through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) for a responsible person (employers, the self-employed and individuals in control of work premises) to notify and keep records of specified workplace incidents.
• This includes certain workplace accidents, occupational diseases and certain ‘dangerous occurrences’ (including near miss accidents). In addition, registered gas fitters are required to report poor and dangerous gas installations.
• 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.
• Records must be submitted by the responsible person via an online reporting system from the RIDDOR report page on the HSE website. The appropriate form should be completed which will be submitted to the database and a copy emailed as a record for the responsible person. Fatalities and major injuries can be reported by phone to the HSE.
• A report must be received within 10 days of the incident or within 15 days for accidents resulting in the over seven-day incapacitation of a worker.
• Records must be kept for at least three years from the date on which they were made.

Question 7

When must employers have a written health and safety policy?

Answer 7

Where 5 or more employees are employed, employers must have a written safety policy statement.

Question 8

How does the HASAW Act comply to the construction industry?

Answer 8

• Applies to all construction site
• Sets out general duties for employers and employees
• Failure to comply with the act is a criminal offence
• All health and safety regulations fall under this act.

Question 9

How long HSE record should be kept for?

Answer 9

Health records, or a copy, should be kept in a suitable form for at least 40 years from the date of last entry because often there is a long period between exposure and onset of ill health.

Question 10

What is a Construction Phase Health and Safety Plan?

Answer 10

A Construction Phase Plan is a key document that details the health and safety risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them.

Question 11

What is corporate manslaughter?

Answer 11

Corporate manslaughter is a criminal offence where a business or organisation is found to have caused a person’s death. Your business can be prosecuted for the offence of corporate manslaughter if the way in which its activities are managed causes a death through a gross breach of duty of care to the deceased.

Question 12

What is the Considerate Construction’s Scheme?

Answer 12

• The Considerate Constructors Scheme is a not-for-profit, independent organisation founded to raise standards in the construction industry.
• Construction sites, companies and suppliers voluntarily register with the Scheme and agree to abide by the Code of Considerate Practice, designed to encourage best practice beyond statutory requirements.

Question 13

What is The Health & Safety (First Aid) Regulations?

Answer 13

The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to ensure their employees receive immediate attention if they are injured or taken ill at work. These Regulations apply to all workplaces including those with less than five employees and to the self-employed.

Question 14

What is Control of noise at work regulations 2005?

Answer 14

The Control of Noise at Work Regulations 2005 (Noise Regulations 2005) require employers to prevent or reduce risks to health and safety from exposure to noise at work.

The regulations require employers take certain steps, at specified action levels, to reduce the harmful effects of noise on hearing. These relate to the levels of exposure to noise by an employee averaged over a working day or week; and the maximum noise (peak sound pressure) in a working day.

1. Lower exposure action

• Daily or weekly exposure of 80 dB.
• Peak sound pressure of 135 dB.

2. Upper exposure action value:

• Daily or weekly exposure of 85 dB.
• Peak sound pressure of 137 dB.

Exposure limit value:

These are the levels of noise exposure which must not be exceeded.

• Daily or weekly exposure of 87 dB.
• Peak sound pressure of 140 dB.

Question 15

What is The Provision and Use of Work Equipment Regulations?

Answer 15

These Regulations, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment.

Work equipment is any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not).

Question 16

What is the Personal Protective Equipment at Work Regulations 1992?

Answer 16

The Personal Protective Equipment at Work Regulations 1992 came into force on 1st January 1993. They set out the requirements for equipment intended to protect the wearer from health and safety risks.

Question 17

What is Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?

Answer 17

• These Regulations (often abbreviated to LOLER) place duties on people and companies who own, operate or have control over lifting equipment.
• This includes all businesses and organisations whose employees use lifting equipment, whether owned by them or not. In most cases, lifting equipment is also work equipment so the Provision and Use of Work Equipment Regulations (PUWER) will also apply (including inspection and maintenance). All lifting operations involving lifting equipment must be properly planned by a competent person, appropriately supervised and carried out in a safe manner.
• LOLER also requires that 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’. Records must be kept of all thorough examinations and any defects found must be reported to both the person responsible for the equipment and the relevant enforcing authority.

Question 18

What is Control of Asbestos Regulations 2012?

Answer 18

• Anyone who has the responsibility of being the acting duty holder must also ensure asbestos is safely managed with a clearly defined asbestos management plan.
• An Asbestos management plan should be updated following any material changes, and all asbestos containing materials should be reinspected at least annually.
• Employers have a duty to protect their employees from exposing themselves (and others through the course of their work) to asbestos and ensure they are appropriately trained to assist in this endeavour. This type of training is referred to as ‘Asbestos Awareness Training’.

Question 19

What are the parties/dutyholders in CDM Regulations?

Answer 19

• Clients (Commercial and Domestics)
• Designers
• Principal Designer
• Principal contractors
• Contractors
• Workers

Question 20

What are commercial Client’s duties under CDM?

Answer 20

Make suitable arrangements for managing a project, including making sure:

• other dutyholders are appointed as appropriate
• sufficient time and resources are allocated

Make sure:

• relevant information is prepared and provided to other dutyholders
• the principal designer and principal contractor carry out their duties
• welfare facilities are provided

Question 21

What are the domestic Client’s duties under CDM regulation?

Answer 21

Though in scope of CDM 2015, their client duties are normally transferred to:

• the contractor for single contractor projects
• the principal contractor for projects with more than one contractor

However, the domestic client can instead choose to have a written agreement with the principal designer to carry out the client duties.

Question 22

What are Designers duties under CDM Regulation?

Answer 22

When preparing or modifying designs, eliminate, reduce or control foreseeable risks that may arise during:

• construction
• the maintenance and use of a building once it is built*

Provide information to other members of the project team to help them fulfil their duties

Question 23

What are Principal Designers duties?

Answer 23

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

• identifying, eliminating or controlling foreseeable risks
• ensuring designers carry out their duties

Prepare and provide relevant information to other dutyholders.

Liaise with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase.

Question 24

What are Principal Contractor Duties under CDM 2015?

Answer 24

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

• liaising with the client and principal designer
• preparing the construction phase plan (PDF)
• organising cooperation between contractors and coordinating their work

Make sure:

• suitable site inductions are provided
• reasonable steps are taken to prevent unauthorised access
• workers are consulted and engaged in securing their health and safety
• welfare facilities are provided

Question 25

What are the Contractors duties under CDM2015?

Answer 25

Plan, manage and monitor construction work under their control so it is carried out without risks to health and safety. For projects involving more than one contractor, coordinate their activities with others in the project team – in particular, comply with directions given to them by the principal designer or principal contractor. For single contractor projects, prepare a construction phase plan (PDF) .

Question 26

What are worker duties under CDM 2015?

Answer 26

Workers must: * be consulted about matters which affect their health, safety and welfare * take care of their own health and safety, and of others who might be affected by their actions * report anything they see which is likely to endanger either their own or others’ health and safety * cooperate with their employer, fellow workers, contractors and other dutyholders

Question 27

When is a construction project 'notifiable'?

Answer 27

A construction project is notifiable if the construction work is expected to: * last longer than 30 working days and have more than 20 workers working at the same time at any point on the project or * exceed 500 person days

Question 28

Who should notify a project?

Answer 28

The client has the duty to notify a construction project. In practice however, the client may ask someone else to notify on their behalf.

Question 29

What is F10?

Answer 29

F10 - Notification of construction project * You can notify the Health and Safety Executive (HSE) of a notifiable construction project using online form F10. * You must know the contact details for the client, principal designer and principal contractor. * Once you have submitted a notification, we will send you a unique serial number which you can use to access or edit your notification.

Question 30

What is the HSE role?

Answer 30

As a regulator, the HSE aim to prevent workplace death, injury or ill health by using a variety of methods to influence change and help people manage risks at work. These include: * providing advice, information and guidance * raising awareness in workplaces by influencing and engaging * operating permissioning and licensing activities in major hazard industries * carrying out targeted inspections and investigations * taking enforcement action to prevent harm and hold those who break the law to account

Question 31

**What is Fire Safety Act 2021?**

Answer 31

* Fire safety has been a critical concern since the Grenfell tragedy in 2017. The Bill, first proposed in March 2020, was introduced to clarify who is responsible for managing and reducing fire risks in different parts of multi-occupied residential buildings, to prevent future tragedies occurring. * The legislation brought new fire safety obligations to some leaseholders, building owners and managers for the building structure, external wall, common parts and doors between the domestic premises and common parts. * Applies to all multi-occupied residential buildings (i.e. where there are “2 or more sets of domestic premises”) * Amends the Fire Safety Order 2005 to require all responsible persons to assess, manage and reduce the fire risks posed by the structure, external walls (including cladding, balconies and windows), and any common parts of buildings. The latter includes all doors between domestic premises * Allows the Fire Service to take enforcement action against responsible persons who fail to comply with the requirements of this Act * Enables the government to issue risk based guidance which can be referred to as proof that a responsible person has either complied or failed to comply with the requirements of the Act

Question 32

**What RICS does to ensure fire safety and support the Fire Safety Act?**

Answer 32

* issued Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding, guidance note in March 2021 * RICS has been working with government on the impact that this will have on industry and building owners, and we are currently training up to 2,000 external wall system (EWS) assessors to be able to carry out checks on these long-overlooked parts of a building.

Question 33

What is an asbestos management plan?

Answer 33

Before arranging for any work to be done you should start by writing an 'asbestos management plan'. This should include: • who is responsible for managing asbestos; • the asbestos register you have just made; • plans for work on asbestos materials; • the schedule for monitoring the materials' condition; and • telling people about your decisions. The plan must say who is responsible for what. It can be written or held as a computer based record. Make it easy to read and easy to find when you, or anyone else, needs it. It must be easy to update.

Question 34

What is risk?

Answer 34

Risk is the chance or probability that a person will be harmed or experience an adverse health effect if exposed to a hazard. It may also apply to situations with property or equipment loss, or harmful effects on the environment. Example: Risk of injury where not wearing PPE correctly.

Question 35

What is hazard?

Answer 35

A hazard is any source of potential damage, harm or adverse health effects on something or someone Example: moving objects, noise, asbestos, electricity

Question 36

When was each asbestos banned in the UK?

Answer 36

* White was banned in 1999. * Brown was banned in 1985. • Blue was banned in 1985.

Question 37

What doesThe Control of Asbestos Regulation 2008 impose on employers?

Answer 37

* A duty to manage asbestos on the premises. * Employers must undertake a Risk Assessment before commencing work around asbestos. * They must produce a plan of works detailing how the work is due to be carried out. * Prevent and reduce worked exposure to Asbestos.

Question 38

What is the main regulation covering asbestos?

Answer 38

The Control of Asbestos Regulation 2008

Question 39

What is asbestos?

Answer 39

A fibrous form of natural material, that doesn’t rot, is insoluble and non-flammable.

Question 40

When must the HSE be notified regarding Asbestos?

Answer 40

* All licensed work must be notified to the HSE. * Non-licensed work such as the removal of asbestos cement products where the product is substantially damaged. * Removal of asbestos insulation boards. * Large scale removal of asbestos.

Question 41

What is survey would you undertake prior to demolishing an existing building?

Answer 41

A Refurbishment and Demolition Survey.

Question 42

Does the RICS publish any guidance on Health and Safety for a Surveyor?

Answer 42

Yes, Surveying Safely, which was updated to its second version effective November 2018

Question 43

What is covered in 'Surveying Safely' guidance note?

Answer 43

1. Personal and Corporate responsibilities. 2. Relevance to RICS professional groups 3. Assessing hazards and risks 4. RICS members' places of work 5. Occupational hygiene and health 6. Visiting premises or sites 7. Fire safety 8. Residential property surveying 9. General procurement and management of contractors

Question 44

In your submission, you mention that you had experience demolishing a building containing ACM’s, can you elaborate further on your involvement

Answer 44

* I reviewed the Refurbishment and Demolition Survey, which identified that the property contained large amounts of ACM’s. * I passed this survey and the specifications etc. for the demolition onto three specialist demolition contractors for pricing. * I required the chosen contractor to notify the HSE of the Asbestos, complete the asbestos strip and dispose of the asbestos at a licensed waste disposal unit, complete the remaining soft strip and demolish the building. * The remnants of the building would all be crushed down for Re-use on elsewhere on the project.

Question 45

On your project described within your case study, how measures did you or your company take to ensure good standards of Health and Safety where adhered to when undertaking work?

Answer 45

* Ensure all workers were wearing the appropriate PPE. * Producing and preparing Method Statements. * Adhering to the principle contractor’s site rules. * Attending site inductions. * Submitting appropriate RAMS etc. to Network Rail, putting restrictors on excavators when working below the bridge to ensure they could not strike the bridge.

Question 46

What are your and your client’s responsibilities under CDM?

Answer 46

• My responsibility to inform my client of their responsibilities. Clients: * Provide pre–construction information to designers. * Appoint PD and PC with suitable Skills, Knowledge and Experience and ensure they comply with their duties. * Ensure Construction Phase H&S Plan in place prior to works staring. * Retain Health & Safety File.