Skip to main content
Mobile
  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations
HS Talks HS Talks
Subjects  
Search
  • Notifications
    Notifications

    No current notifications.

  • User
    Welcome Guest
    You have Limited Access The Business & Management Collection
    Login
    Get Assistance
    Login
    Forgot your password?
    Login via your organisation
    Login via Organisation
    Get Assistance
Finance, Accounting & Economics
Global Business Management
Management, Leadership & Organisation
Marketing & Sales
Strategy
Technology & Operations
You currently don't have access to this journal. Request access now.
Practice paper

Health and safety obligations for a surveyor: Duty of care

Anthony Taylor and Michael Appleby
Journal of Building Survey, Appraisal & Valuation, 5 (4), 382-389 (2017)
https://doi.org/10.69554/VROR3363

Abstract

All professional surveyors, and their organisations, have a duty of care to both those they work with and work for. This includes identifying a wide range of risks and having the competence to understand and mitigate them. Each individual has a different perception of ‘risk’, which may be affected by their age, gender, experience and other matters that affect human behaviour. If we can influence human behaviours to be risk-aware, we should be able to reduce the quantum of incidents that can cause injury and illness. Occupational health and occupational hygiene are two disciplines from which we can draw information to assist in the measurement of risk and how to control it. Many surveyors and/or their customers will be responsible for employing contractors or subcontractors. Within the UK, health and safety cannot be ‘contracted out’; the responsibilities and duty of care remain in line with the chain of management arrangements. Scoping, in formal terms, the responsibilities of all parties to contracts and other agreements is a key fundamental matter for a successful project. Where a serious workplace injury, or fatality, occurs, it is likely that a criminal investigation will follow. When prosecuting, the enforcement authorities are placing increasing focus on the role played by responsible individuals as well as organisations, particularly those with management responsibilities. The consequences of a successful prosecution, in terms of both fines and custodial sentences, have been greatly enhanced due to the recently published Sentencing Guidelines.

Keywords: health; safety; competence; risk management; duty of care; responsible person; occupational health/hygiene; contracting; criminal prosecution

The full article is available to subscribers to the journal.

Already a subscriber? Login or review other options.

Author's Biography

Anthony Taylor is the Director of Group Health and Safety for GVA, an international real estate consultancy, employing approximately 1,300 surveyors and delivering a wide range of property consultancy services, including property management. Anthony has 30 years’ H&S and operational risk management experience in a wide range of industry sectors including real estate, construction, insurance, local authority, leisure, and for a global tour operator. He currently chairs the RICS Health and Safety Advisory Board, and is a past chair of the Managing Agents Property H&S Forum.

Michael Appleby is a leading Health, Safety and Environment lawyer. He is ranked by Chambers and Partners (2017), the independent legal directory, as a star individual in Health and Safety. Michael has over 20 years’ experience of defending directors, individuals and companies (both national and international) facing investigation/prosecution for health and safety, environmental and manslaughter/corporate manslaughter offences. He has recently successfully judicially reviewed HSE’s Fee for Intervention Scheme (FFI) which has resulted in HSE agreeing to revise its dispute process of the scheme so that it is totally independent from HSE.

Citation

Taylor, Anthony and Appleby, Michael (2017, March 1). Health and safety obligations for a surveyor: Duty of care. In the Journal of Building Survey, Appraisal & Valuation, Volume 5, Issue 4. https://doi.org/10.69554/VROR3363.

Options

  • Download PDF
  • Share this page
    Share This Article
    Messaging
    • Outlook
    • Gmail
    • Yahoo!
    • WhatsApp
    Social
    • Facebook
    • X
    • LinkedIn
    • VKontakte
    Permalink
cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 5 / Issue 4
© Henry Stewart
Publications LLP

The Business & Management Collection

  • ISSN: 2059-7177
  • Contact Us
  • Request Free Trial
  • Recommend to Your Librarian
  • Subscription Information
  • Match Content
  • Share This Collection
  • Embed Options
  • View Quick Start Guide
  • Accessibility

Categories

  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations

Librarian Information

  • General Information
  • MARC Records
  • Discovery Services
  • Onsite & Offsite Access
  • Federated (Shibboleth) Access
  • Usage Statistics
  • Promotional Materials
  • Testimonials

About Us

  • About HSTalks
  • Editors
  • Contact Information
  • About the Journals

HSTalks Home

Follow Us On:

HS Talks
  • Site Requirements
  • Copyright & Permissions
  • Terms
  • Privacy
  • Sitemap
© Copyright Henry Stewart Talks Ltd

Personal Account Required

To use this function, you need to be signed in with a personal account.

If you already have a personal account, please login here.

Otherwise you may sign up now for a personal account.

HS Talks

Cookies and Privacy

We use cookies, and similar tools, to improve the way this site functions, to track browsing patterns and enable marketing. For more information read our cookie policy and privacy policy.

Cookie Settings

How Cookies Are Used

Cookies are of the following types:

  • Essential to make the site function.
  • Used to analyse and improve visitor experience.

For more information see our Cookie Policy.

Some types of cookies can be disabled by you but doing so may adversely affect functionality. Please see below:

(always on)

If you block these cookies or set alerts in your browser parts of the website will not work.

Cookies that provide enhanced functionality and personalisation. If not allowed functionality may be impaired.

Cookies that count and track visits and on website activity enabling us to organise the website to optimise the experience of users. They may be blocked without immediate adverse effect.