Passive House Designer (CPHD)

Correct: The Noise at Work Regulations 1989 (and subsequent updates) establish a hierarchy of control that requires employers to first attempt to reduce noise at the source through engineering or organizational means. This includes using quieter equipment, dampening vibration, or using acoustic barriers before relying on personal protective equipment as a final resort.

Incorrect: Issuing ear defenders is a lower-tier control and should only be used when technical measures are insufficient. Verifying manufacturer data is a part of the risk assessment process but does not constitute a control strategy in itself. Scheduling work at night might reduce the number of people exposed but does not address the intensity of the noise for those performing the work and may introduce other safety risks related to fatigue and visibility.

Takeaway: The primary regulatory requirement for noise management is to reduce exposure at the source through technical or organizational measures before implementing personal protective equipment.

Correct: Under the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998 and BS 7121 standards, all lifting operations must be planned by a competent person. This planning must take into account the environment in which the lift occurs. A significant reconfiguration of the facility layout introduces new risks, such as restricted visibility, new collision hazards, or changes in personnel movement, which necessitates a formal review and update of the lifting plans and risk assessments by the Appointed Person.

Incorrect: Delegating the primary planning responsibility to a Slinger/Signaller is incorrect because the Appointed Person holds the statutory duty for the safe system of work. Using waivers is not a recognized or legal method for managing safety risks under health and safety legislation. Focusing solely on mechanical integrity ignores the requirement to assess the operational environment, which is a fundamental component of a safe lifting plan.

Takeaway: Any significant change in the operating environment requires the Appointed Person to review and update lifting plans to ensure the continued safety and regulatory compliance of the operation.

Correct: Professional Indemnity (PI) insurance is specifically designed to protect professionals, such as the Appointed Person, against civil liability claims for financial loss, injury, or damage resulting from professional negligence or errors in their advice, designs, or plans. In the context of lifting operations, this covers the ‘intellectual’ output of the AP, such as the lift plan and risk assessment, ensuring that if a plan is found to be flawed (e.g., failing to account for ground bearing capacity), the resulting civil damages are covered.

Incorrect: The suggestion that insurance covers regulatory fines is incorrect because it is generally against public policy and illegal to insure against criminal fines or penalties imposed by the HSE. The claim regarding Employers Liability is incorrect because PI insurance and Employers Liability insurance are distinct; the latter covers injuries to employees, while PI covers professional errors. The idea that insurance substitutes for competence is a fundamental misunderstanding of risk management, as insurance is a risk transfer mechanism, not a replacement for the statutory requirement for a ‘competent person’ as defined under LOLER.

Takeaway: Professional Indemnity insurance manages civil liability for professional errors in lift planning but does not provide cover for criminal penalties or replace the requirement for individual technical competence.

Correct: Under LOLER and BS 7121, the Appointed Person is responsible for ensuring that all lifting accessories are suitable for the specific application. This includes ensuring that the termination (such as a specific shackle type) fits the recessed lifting eyes without fouling or side-loading, and that the material (e.g., stainless steel vs. alloy steel) can withstand environmental factors like chemical exposure which could cause degradation or hydrogen embrittlement.

Incorrect: Color-coding is a useful administrative control for identifying inspection status but does not ensure technical suitability for a specific load or environment. Operator preference is a secondary consideration and does not override the technical requirements of the lift plan. LOLER requires that every specific accessory used must have its own valid Report of Thorough Examination; a generic data sheet is insufficient for legal compliance.

Correct: To maintain stability and prevent the load from swinging or tilting dangerously, the crane hook must be positioned vertically above the center of gravity. When the center of gravity is offset, standard equal-length slings will cause the load to tilt. Using adjustable components like shortening clutches allows the Appointed Person to specify precise leg lengths that compensate for the offset, ensuring a level lift and even load distribution as per BS 7121 standards and LOLER requirements.

Incorrect: Using a spreader beam of the same width does not inherently solve the center of gravity offset; if the center of gravity is not central, the beam itself will tilt. De-rating the Safe Working Load (SWL) is a general safety precaution but does not address the physical instability or the risk of the load shifting during lift-off. A ‘blind’ catch-tension maneuver is highly dangerous and violates standard safety protocols, as it encourages uncontrolled load movement and potential rigging failure.

Takeaway: The crane hook must always be positioned directly over the load’s center of gravity, which often requires the use of adjustable rigging to ensure stability and levelness.

Correct: In lifting operations, load charts are configuration-specific. If outriggers are not fully extended, the crane’s stability is significantly reduced. The Appointed Person must use the specific chart corresponding to the actual outrigger extension and counterweight configuration rather than interpolating or using a general chart. This ensures the lift is planned within the manufacturer’s tested stability and structural limits.

Incorrect: Applying a standard percentage reduction is dangerous and non-compliant because stability changes are not linear. Utilizing the next highest outrigger setting would lead to an overestimation of capacity, creating a high risk of overturning. Using the capacity at the maximum radius is incorrect as it does not reflect the specific capacity at the intended working radius and configuration, potentially leading to structural failure or instability.

Takeaway: The Appointed Person must always match the crane’s physical configuration to the specific manufacturer-provided load chart to ensure the lift remains within safe stability and structural limits.

Correct: According to BS 7121, the Appointed Person must ensure that the lifting operation is planned properly to be safe. When a conflict of interest arises that may compromise the objectivity of the risk assessment or equipment selection, independent verification by a competent person is the standard professional approach. This ensures that the plan is technically sound, complies with LOLER 1998, and is not influenced by commercial bias, thereby maintaining the safety and integrity of the operation.

Incorrect: Transferring approval to the Crane Supervisor is incorrect because the Appointed Person retains the legal responsibility for the planning of the lift; the Crane Supervisor is responsible for the safe execution on-site. Relying on generic lifting templates is insufficient for complex or tandem lifts, as LOLER requires a site-specific plan that addresses unique hazards. Increasing safety buffers is a technical adjustment that does not address the procedural failure of a biased risk assessment or the lack of objective planning.

Takeaway: When a conflict of interest exists in the planning phase, independent verification of the lifting plan by a third-party competent person is essential to ensure safety and regulatory compliance.

Correct: According to BS 7121 and LOLER 1998, the Appointed Person is responsible for the planning of the lifting operation. When they delegate the supervision of the lift to a Crane Supervisor, a formal briefing is the essential control mechanism. This ensures the supervisor is fully aware of the sequence of events, the identified risks, and the control measures, maintaining the integrity of the safe system of work.

Incorrect: Revising the method statement independently (option b) undermines the Appointed Person’s statutory role in planning and risk assessment. Technical planning liabilities (option c) remain with the Appointed Person and cannot be transferred to the operator. Selecting lifting equipment (option d) is a core responsibility of the Appointed Person during the planning stage to ensure the equipment is appropriate for the load and environment; delegating this to the slinger at the last minute bypasses necessary safety calculations.

Takeaway: The Appointed Person retains responsibility for the plan’s accuracy, while the Crane Supervisor is responsible for ensuring the lift is executed exactly as specified in that plan.

Correct: Under the Construction (Design and Management) Regulations 2015 (CDM) and BS 7121, the Principal Contractor (PC) has the overarching responsibility to plan, manage, and monitor the construction phase. While the subcontractor’s Appointed Person manages the specific lifting operation, the PC must coordinate the site-wide response to an incident, ensure the area is secured to prevent further injury, and ensure that statutory obligations like RIDDOR reporting are fulfilled by the relevant employer or the PC themselves if the site is under their control.

Incorrect: Conducting a technical forensic examination is the role of a specialist or a Competent Person for thorough examination, not a standard duty of the Principal Contractor. Delegating all responsibility to a subcontractor is a failure of the Principal Contractor’s duty to coordinate and monitor health and safety on site. Suspending operations across an entire corporate portfolio is an excessive administrative action that goes beyond the site-specific safety management duties required by CDM 2015.

Takeaway: The Principal Contractor is responsible for coordinating the incident response and ensuring all statutory reporting is completed, regardless of which subcontractor’s equipment was involved.

Correct: D-shackles (or Dee shackles) are specifically designed and rated for tension in a straight line. When used with multi-leg slings, the angle of the legs creates lateral forces (side-loading) on the shackle body. This deviates from the intended design and can lead to structural failure or a significant reduction in the Working Load Limit (WLL). For multi-leg applications, a bow shackle should be used as its larger ‘crown’ is designed to accommodate multiple attachments and handle loading from various angles more effectively.

Incorrect: The claim that D-shackles are prohibited with synthetic slings is incorrect, as they can be used with various materials provided the loading is in-line and the radius of the shackle is compatible with the sling. The orientation of the pin (hook vs. sling) is a secondary consideration regarding pin security (mousing) but does not resolve the fundamental issue of side-loading on a D-shackle. Safety factors are determined by manufacturing standards (such as EN 13889) and do not change based on the weight of the load in the manner described.

Takeaway: D-shackles must only be used for in-line loading; any application involving multi-leg slings or angled loading requires the use of bow shackles to maintain structural integrity.