Definition

Health and safety procedures imposed by law are the requirements that primary legislation, statutory instruments, and approved codes of practice place on surveyors as employees, employers, or self-employed persons — distinct from firm-specific policies, though good policies implement and often exceed the statutory minimum. The foundational statute is the Health and Safety at Work etc. Act 1974; beneath it sit statutory instruments prescribing specific procedures for particular risks.

Why this matters for Health and Safety

  • Level 2 application: you must name specific legislative requirements and explain how they apply to your work — not just say "we have a policy."
  • Legal duties cannot be waived by a client; knowing where the law draws the line protects you from being pressured into unsafe behaviour.
  • Breaching a statutory health and safety duty is a criminal offence, not merely a civil wrong.
  • The HSE can investigate any RICS member's practice after a reportable incident — knowledge of legal duties is the first line of defence.

Key principles

General duties under the Health and Safety at Work etc. Act 1974

Section 2 requires employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. Section 3 extends this to persons affected by the employer's undertaking — relevant when a surveyor's instructions affect contractors or occupants. Section 7 requires employees to take reasonable care for their own safety and that of others. Section 8 makes it an offence to interfere with anything provided in the interests of health and safety.

Risk assessment — a mandatory procedure

Regulation 3 of the Management Regulations imposes a mandatory duty to carry out a suitable and sufficient risk assessment of all work activities. For surveying firms, written assessments must exist for site visits, lone working, display screen equipment, manual handling, and hazards such as asbestos or working at height. Employers with five or more employees must record the significant findings.

CDM 2015 — statutory duties on construction projects

The CDM Regulations 2015 impose statutory duties throughout the project lifecycle. The client must notify the HSE of notifiable projects; ensure a construction phase plan is prepared before work begins; and ensure the health and safety file is handed over on completion. A surveyor who fails to advise the client of these duties risks personal liability and a Rules of Conduct breach.

Specific procedural requirements for common surveying hazards

The Work at Height Regulations 2005 require all work at height to be planned, supervised, and carried out by competent persons — there is no height threshold. The Control of Asbestos Regulations 2012 require a management survey before refurbishment or demolition. RIDDOR 2013 requires reporting of specified injuries and dangerous occurrences to the HSE; failure to report is itself an offence.

Relevant RICS guidance and legislation

  • Health and Safety at Work etc. Act 1974 — Sections 2, 3, 7, and 8 are directly relevant to surveyors.
  • Management of Health and Safety at Work Regulations 1999 — mandatory risk assessment, competent person appointments, and emergency procedures.
  • Construction (Design and Management) Regulations 2015 (CDM 2015) — statutory duties for all construction projects.
  • Work at Height Regulations 2005 — mandatory planning and supervision for all work at height.
  • RICS Surveying Safely, 2nd edition (2018) — interprets the statutory framework in the context of surveying practice.
  • RIDDOR 2013 — mandatory reporting duties for specified injuries and dangerous occurrences.

Ethics and Rules of Conduct angle

Rule 5 of the RICS Rules of Conduct requires members to deliver competent service, which includes complying with the legal framework of their practice. Ignorance of a statutory requirement is not a defence. A surveyor who advises a client that CDM 2015 does not apply when it does, or undertakes work at height without required planning, is both incompetent and potentially criminally liable. Rule 4 requires members to safeguard others — which is precisely what health and safety law is designed to achieve.

APC-style Q&As

Q (Level 1)What duty does Section 7 of the Health and Safety at Work etc. Act 1974 impose on employees?

Section 7 requires every employee to take reasonable care for their own health and safety and that of others affected by their acts or omissions, and to cooperate with their employer to enable compliance with statutory duties.

Q (Level 1)When must an employer carry out a risk assessment, and when must the findings be recorded?

Under Regulation 3 of the Management Regulations, an employer must carry out a suitable and sufficient risk assessment of all foreseeable risks. Employers with five or more employees must record significant findings in writing.

Q (Level 2)A client asks you to manage a refurbishment project. What CDM 2015 duties must the client fulfil, and how would you advise them?

The client must appoint a principal designer and principal contractor where more than one contractor is involved; provide pre-construction information; ensure the construction phase plan is in place before works begin; and ensure the health and safety file is handed over on completion. I would advise the client in writing at appointment and track the key obligations in the project execution plan.

Q (Level 2)What procedures must be followed before a surveyor can inspect a fragile roof?

The Work at Height Regulations 2005 require the task to be planned with appropriate equipment and supervision. In practice: a risk assessment identifying the fragile materials and fall risk; a safe access method such as a MEWP or crawling boards with edge protection; a second person monitoring; and a permit to work if required by site rules.

Q (Level 3)During a site visit you witness a near-miss: a worker almost falls from a scaffold lacking a toe board. No one was injured. Do you have reporting obligations, and what action do you take?

The near-miss may be a dangerous occurrence reportable under RIDDOR 2013. I would check whether it falls within the specified list; if so, the employer responsible must report to the HSE within 15 days. Regardless of reportability, I would instruct the principal contractor to stop work in the affected area, require scaffold remediation, record the instruction in writing, and advise the client to confirm RIDDOR reporting obligations. All near-misses should also be recorded in the site accident book and investigated. The missing toe board constitutes a CDM 2015 breach, as the construction phase plan should require regular scaffold inspection.