Health & Safety

Description

Mind Map on Health & Safety, created by lpwhitaker88 on 04/14/2014.
lpwhitaker88
Mind Map by lpwhitaker88, updated more than 1 year ago
lpwhitaker88
Created by lpwhitaker88 almost 11 years ago
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Resource summary

Health & Safety
  1. HASAW 74
    1. Duty of employer to ensure as far as reasonably practicable, the health and safety welfare of all employees
      1. Policed by HSE as a criminal offence - fines/imprisonment
        1. 1995 - (RIDDOR) must report injuries and dangerous occurances within 15 days, injuries over 3 days kept in an accident book for minimum of 3 years
          1. Management of health and safety at work regs1999 - Must undertake, record and regularly review a risk assessment
            1. HSE vs MARSHALL MORRIS & POOLE (2012)
              1. Minor maintenance work to gutter of rented house by contractor employed by firm of managing agents
                1. Workman died when roof collapsed
                  1. Managing agents found guilty of not ensuring contractor was competent enough to carry out work ensuring their safety and safety of others. Fined £75,000
                    1. Firms should check contractor's Written safety policy,
                      1. Written method statement of work is in place
                        1. Recent and relevant risk assessments, including assessments for the intended work training records and certificates
                          1. Confirmation that the relevant insurance is in place
    2. Asbesos management
      1. brown
        1. banned in 85
        2. blue
          1. banned in 85
          2. white
            1. banned in 99
            2. 2 types of survey
              1. management
                1. to locate, assess and advise. No samples taken
                2. refurbishment/demolition
                  1. Required during refurbs or demolition, samples of suspected materials are taken then reccomendations made
                3. a newly constructed building requires an architechts certificate to confirm there's no asbestos in the building
                4. Defective Premises act 1972
                  1. Occupiers liability act 57/84
                    1. DDA 05 / EQUALITY ACT 10
                      1. Issues for agents
                        1. Employees
                          1. duty to staff, casual, part time and full time staff
                            1. 5 or more staff, policy and procedures must be containes in a written health and safety policy
                              1. Less than 5 staff, must be a method statement and manage risks
                            2. Lone working - viewings/inventory
                              1. risks
                                1. slips, trips, falls
                                  1. when wold a member walk away, not lifting heavy furnitute/mattresses/going into loft spaces/standing on steps to read meters
                            3. Contractors
                              1. must have access to contractor's method statement for smaller companies with less than 5 employees
                                1. for larger companies, agent delegates h&s to the firm but must take due dilligence to ensure h&s policy is in place
                                  1. Should still advise of any known or perceived risks that might not be apparaent such as asbestos, pets, pests etc
                                2. engaging
                                  1. risk assessment regardless of size of job, especially if working from height
                                    1. contractor qualified/competent?
                                      1. check their public liability insurance; upto date and adequate?
                                        1. have they had any kind of traing, asbestos awareness, cscs, ladder safety
                                          1. request method statement or h&s policy
                                            1. if more than one contractor will be on site at same period, who will manage the process?
                                              1. get contractor to sign contractors agreement which should cover health and safety issues and responsibilities
                                                1. take up references prior to engaging
                                                  1. place contractor through a safe contractor scheme
                                                    1. limit total no in regular use to reduce management time and risk
                              2. Enforcement
                                1. HSE &local authority environmental health departments are responsible
                                  1. power to take 3 actions
                                    1. step 1:improvement notices
                                      1. step 1/2: prohibitition notices
                                        1. step 3: prison (upto 1 yr)/fines (upto 20k) (criminal opposed to civil liability)
                                        2. any individual, director, manager, or worker can be prosecutred und HASWA74 if they haven't taken reasonable care to ensure safety of themselves or other persons affected by their acts or ommissions
                                      2. Corporate manslaughter/homicide act 07 makes organisations rather than individuals liable for gross failures
                                        1. RICS Surveying Safely guide
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