CITB Specialists Specialist Safety Regulations 2 — Questions and Answers
Question 1: A specialist contractor is required to work with materials containing lead. Under the Control of Lead at Work Regulations 2002, what is the employer's primary obligation?
- Provide RPE and no further action is needed
- Carry out a risk assessment, prevent or control exposure, and provide health surveillance (Correct answer)
- Ensure workers wash their hands before eating
- Notify the HSE before starting work
Correct answer: Carry out a risk assessment, prevent or control exposure, and provide health surveillance
The Control of Lead at Work Regulations 2002 require employers to assess the risk of lead exposure, prevent exposure where reasonably practicable or adequately control it, and arrange appropriate health surveillance including blood lead level monitoring for exposed workers.
Question 2: When must a specialist contractor provide a specific method statement for high-risk activities under CDM 2015?
- Only when requested by the HSE inspector
- Before the high-risk work commences, as part of the construction phase plan (Correct answer)
- After the work is completed for record-keeping
- Only for work lasting more than 30 days
Correct answer: Before the high-risk work commences, as part of the construction phase plan
Method statements for high-risk activities must be prepared and agreed upon before work commences. They form part of the construction phase plan under CDM 2015 and detail how the work will be carried out safely, including the sequence of operations, equipment, and emergency procedures.
Question 3: What is the legal requirement for welfare facilities on a specialist construction site under the Construction (Design and Management) Regulations 2015?
- Welfare facilities are only required on sites with more than 25 workers
- Adequate welfare facilities must be provided from the start of the construction phase (Correct answer)
- Welfare facilities can be provided within the first week of construction
- Only drinking water must be provided; other facilities are optional
Correct answer: Adequate welfare facilities must be provided from the start of the construction phase
CDM 2015 Schedule 2 requires that adequate welfare facilities (toilets, washing facilities, drinking water, changing rooms, rest areas) are available from the start of the construction phase. There is no minimum worker threshold — even a single worker is entitled to adequate welfare provision.
Question 4: A specialist supervisor identifies that a young person (under 18) has been assigned to operate a demolition excavator. What action should they take?
- Allow the work if the young person has CPCS certification
- Permit the work under direct supervision of an experienced operator
- Prevent the young person from carrying out the work as it is prohibited (Correct answer)
- Allow the work for a maximum of 2 hours per day
Correct answer: Prevent the young person from carrying out the work as it is prohibited
Under the Management of Health and Safety at Work Regulations 1999, young persons must not be employed for work that is beyond their physical or psychological capacity, or involves harmful exposure to hazardous substances or conditions. Operating demolition equipment is prohibited for under-18s regardless of certification or supervision.
Question 5: What does the term 'competent person' mean in the context of UK health and safety legislation for specialist construction work?
- Any person who has worked in construction for more than 5 years
- A person with a university degree in engineering or construction
- A person with sufficient training, experience, knowledge, and other qualities to carry out the task safely (Correct answer)
- The most senior person on site at any given time
Correct answer: A person with sufficient training, experience, knowledge, and other qualities to carry out the task safely
UK HSE defines a competent person as someone who has sufficient training, experience, knowledge, and other qualities that allow them to assist in undertaking the protective and preventive measures required. This is task-specific — competence for one activity does not automatically confer competence for another.
Question 6: Under the Health and Safety at Work etc Act 1974, what is the maximum penalty for a specialist contractor found guilty of breaching sections 2-6 on indictment?
- A fine of up to £20,000
- A fine of up to £50,000
- An unlimited fine and/or up to 2 years' imprisonment (Correct answer)
- A written warning from the HSE
Correct answer: An unlimited fine and/or up to 2 years' imprisonment
Following the Health and Safety (Offences) Act 2008 amendments, breaches of sections 2-6 of the HSWA 1974 on indictment carry an unlimited fine and/or up to 2 years' imprisonment. The Sentencing Council guidelines also allow for significantly higher fines for organisations based on turnover and culpability.
A specialist contractor is required to work with materials containing lead.
Under the Control of Lead at Work Regulations 2002, what is the employer's primary obligation?