No help from the MAC in latest review of the shortage occupation list

No help from the MAC in latest review of the shortage occupation list

In a disappointing report from the Migration Advisory Committee, there appears to be little hope of seeing the Shortage Occupations List (used within the new  proposed Points Based Immigration System) of large parts of the construction industry being able to rely on any new immigration.  Only shortages in Bricklayers and Welders were deemed significant enough for medium-skill occupations to be included in the shortage occupation list ahead of the introduction of a points-based immigration system on 1 January 2021.

FIS has raised concerns with officials from The Department of Business Energy and Industrial Strategy (BEIS) that interior systems installers have not been included as an eligible occupation for the skilled worker route in the outline plans for a UK Points Based Immigration System post Brexit and continues to lobby through the Construction Leadership Council that urgent review is required.

A new points‐based immigration system which will apply to EU and non‐EU citizens and require those that want to work in the UK to meet a specific set of requirements. In addition to passing the relevant UK criminality checks, the job must have a salary of at least £20,480, and 50 points are ‘earned’ by meeting the following mandatory criteria:

  • The applicant must have an offer of a job from a licensed sponsor
  • The job must be at or above the minimum skill level: RQF3 level or equivalent (A level or equivalent qualification). Workers will not need to hold a formal qualification; it is the skill level of the job they will be doing which is important
  • The applicant must speak English to an acceptable standard.

The report notes in key areas that a high proportion of self-employed workers within key trades means that there would be limited benefits even if it were added to the SOL.

The MAC provides independent advice on which medium-skill occupations should be included in the shortage occupation lists ahead of the introduction of a points-based immigration system on 1 January 2021.

Commenting on the report FIS CEO, Iain McIlwee stated: “We are being hit by a double whammy here, the nature of construction means how we engage labour is not akin to other parts of the economy and this simply hasn’t been reflected in Government thinking, added to this, the incentives to push through to Level 3 qualifications have not been strong enough and they have withered on the vine in some key trades.  I also think that the impact of COVID adds to the problem, rather than alleviates as this report seems to suggest and if we are going to Build Build Build as the Prime Minister is suggesting, we need the bodies to do this.  I think few would disagree that we do need to invest more in training as a sector, but the timing here means that we are expecting things to be tight in the New Year, this will impact programme and potentially quality.  We are already getting reports from members that the availability of skilled workers in parts of the country is tight as workers from parts of Europe went home to ride out the pandemic and have decided not to return.  We are recommending all members as a matter of urgency talk to their workers about applying for settled and pre-settled status under the EU Settlement Scheme.”

You can read the full report here.

For information on the EU Settlement Scheme click here

FIS has prepared an overview paper based on concerns with the proposed UK Points Based Immigration System here.

Lifetime Skills Guarantee misses the mark for construction

Lifetime Skills Guarantee misses the mark for construction

The Prime Minister has unveiled new plans to expand the training and skills system, which will see adults without an A‐level or equivalent qualification entitled to a free college course in England from April 2021. Greater flexibility will also be given to higher education loans to encourage take up of vocational courses by both young people and adults.  But as written they will miss the mark for construction.

In the plan, the Prime Minister announced that apprenticeship opportunities will also be increased, with more funding for SMEs taking on apprentices, and greater flexibility in how their training is structured – especially in sectors such as construction and creative industries where there are more varied employment patterns.  The pan will be backed by continued investment in college buildings and facilities, including over £1.5 billion in capital funding, and more details will be set out in a white paper later this year.

The plan sets out to reverse an ongoing decline in technical qualifications – in 2000, over 100,000 people were doing Higher National Certificates and Diplomas, but that has reduced to fewer than 35,000 now. Those doing foundation degrees has declined from 81,000 to 30,000.  As a result, only 10% of adults hold a Higher Technical Qualification as their highest qualification, compared to 20% in Germany and 34% in Canada.

Speaking about the announcements, FIS CEO Iain McIlwee said “the capital funding elements to college is certainly good news, but as written, many occupations in the construction sector, certainly those working in the Finishes and Interiors Sector will not benefit directly.  Funding is targeted at those starting a Level 3 qualifications, but those progressing to Level 3 tend to be assessed through the vocational qualification route, following introduction through a Level 2 option.  We will be raising this point with Government and looking at how we can work through our Approved Training Provider Network to see how we can leverage some of the support, we are going to need all the help we can get given recent announcements about immigration that are going to leave a concerning shortfall in competent people available for construction works.”

For full details of the announcement click here.

60% of local authorities delay fire door programmes – leaving safety to chance

60% of local authorities delay fire door programmes – leaving safety to chance

Fire Door Safety Week exists to stamp out the legacy of fire door neglect and to educate on the importance of fire door safety. To launch this year’s campaign, the organisers have shared research into the state of fire door maintenance, inspection and replacement programmes across local authority owned and managed housing in the UK.

Over half (52%) of UK local authorities responding to a Freedom of Information (FOI) request reported delays to planned fire door maintenance and replacement in the first half of 2020. The number rises to 60% when inspection delays are also factored in.

According to the data obtained from 147 local authorities that own and manage their own housing stock, at least 26,318 fire doors were scheduled for maintenance or replacement between January and June 2020, but 16,580 did not progress – meaning 63% of individual planned works were delayed until at least the second half of the year, affecting a minimum of 9,954 individual properties.

In addition to delays to maintenance and replacement in the first half of the year, 31% of all responding local authorities stated their fire door inspection programmes were delayed, affecting at least 12,596 fire doors.

Not all responding local authorities provided reasons for delay, but over half (53%) of those experiencing delays cited COVID-19-related restrictions, including limited property access and availability of contractors due to social distancing guidelines. However, it was positive that several local authorities proactively mentioned that emergency repair works to fire doors continued throughout the lockdown period to maintain the safety of residents.

Of those local authorities that experienced delays, 65% intend to commence works by the end of the year. This signals that the majority recognise the importance of properly fitted and maintained fire doors. However, worryingly 31% of local authorities stated that they are yet to define a date for recommencing the planned works.

The findings follow an open letter from the London Fire Brigade to all housing providers in the Capital urging them to put plans in place ahead of new fire safety legislation coming into effect. The letter strongly advises building owners to consider the risks of existing fire doors in their fire risk assessments, regardless of the height of the building.

Fire’s don’t stop – it’s time to prioritise fire doors

It’s clear COVID-19 has understandably impacted on service delivery across a variety of sectors, but fires don’t stop. With the UK lockdown period forcing many people to spend more time at home, people without fit for purpose fire doors have been put at risk. There is a need for continued and urgent focus on ensuring the safety of all building occupants whether in local authority or privately-rented accommodation, workplaces or other building types.

Whilst we have focused upon local authority owned and managed housing stock, we strongly suspect that our insight reflects the wider market. We hope that through this years’ Fire Door Safety Week, we can draw attention to these important issues and encourage all with responsibility for fire doors to take urgent action across fire door maintenance, inspection and replacement.

When it comes to fire door inspections, fire doors can become damaged at any time, especially where they are frequently used. If a damaged door goes unidentified it cannot perform its life-saving role. Like previous years, this year’s Fire Door Safety Week campaign will emphasise the importance of regular inspections, carried out by trained and competent professionals.

A wealth of fire door information and guidance is available free of charge from the Fire Door Safety Week Toolkit, including the Fire Step Fire Door Check, which easily helps to identify fire doors that are not fit for purpose.

Download the Fire Door Safety Week Report here

Health and Safety Update – COVID 19

Health and Safety Update – COVID 19

In light of new guidance across the UK, FIS provides some vital updates below:

Contact Tracing App Launched

The NHS COVID‐19 app has been launched in England and Wales to help control the spread of coronavirus. Although not legally required to do so, construction sites can create a unique NHS QR code and posters to display at each site entrance. Sites can also play their part by encouraging their workforce to download and use the app outside of work

Face Coverings (England)

This week we have seen the increased requirements for the wearing of face coverings in specified places announced this week.

There are no additional specific requirements for construction sites however the requirement for face coverings to be worn in premises providing hospitality (bars, pubs, restaurants, cafes), except when seated at a table to eat or drink applies to canteens.

The CLC has reviewed its guidance on The Use of Face Coverings in Construction and is proposing to update its position as below.

CLC position

Where workers on site are not required to wear Respiratory Protective Equipment (RPE) and their workplace (which may include welfare and changing facilities, site offices or site meeting rooms) meets all of the criteria below, their employer should make face coverings available and they should be worn:

    • an enclosed space;
    • where social distancing isn’t always possible; and
    • where they come into contact with others they do not normally meet.

In line with Government guidance on premises providing hospitality, face coverings must be worn in canteens except when seated at a table to eat or drink.

This document will remain as guidance for employers with the objective of achieving a consistent approach across the industry.

Further information on use of face coverings and guidance for the Finishes and Interiors Sector is available in the FIS H&S Toolkit

Car Sharing (Scotland)

In her update this week the First Minister stated:

“The last new restriction I want to cover today relates to travelling by car. It may seem minor but it is important.  We know, again from Test & Protect data, that sharing car journeys presents a significant risk of transmission.  We are therefore advising against car sharing with people outside your own household.  We are therefore advising against car sharing with people outside your own household.”

This has been reviewed through the CICV in Scotland H&S working group and the conclusion is that there is no need change to the advice previously issued is required.

It remains the official advice from Transport Scotland:

There remains occasions when there is no alternative but to travel with people from out with your household. This should be limited as much as possible.  On such occasions, you should:

  • keep to small groups of people, up to 6 at any one time
  • keep your distance and take care entering and exiting the vehicle
  • sit as far apart as possible in the vehicle, avoiding face-to-face
  • maintain good ventilation by keeping the car windows open
  • wear a face-covering, unless you are exempt
  • clean your hands before and after your journey
  • if the vehicle is your responsibility, clean the door handles and other areas that people touch.
  • If you regularly share transport whether it is a car or minibus or other private vehicle, try and share with the same people each time

Full details from Transport Scotland here

Guidance on complying with restrictions in Scotland is available in the Finishes and Interiors Sector is available in the FIS H&S Toolkit

Coronavirus Testing

If a member of the workforce shows any of the three main COVID‐19 symptoms, they should get a test within five days and self‐isolate until they have received their test result. In accordance with Government guidance, colleagues who were in close contact do not need to self‐isolate, unless requested to do so by NHS Test and Trace. They should be informed that a colleague (who should remain anonymous) may have COVID‐19 and they should take extra care in practising social distancing and good hygiene.

Employers who are informed of more than one confirmed case should contact their local Public Health England Health Protection Team

Lifetime Skills Guarantee misses the mark for construction

Tighter restrictions, but construction to carry on across the UK

Prime Minister, Boris Johnson today set before the House of Commons six steps designed to action to suppress the disease in England.  This follows similar steps already announced in Northern Ireland.

Step One is that office workers, who can work from home should do so.  He was, however explicit and avoided mistakes of the initial lockdown with the statement that  “key public services – and in all professions where homeworking is not possible, such as construction or retail – people should continue to attend their workplaces

The second step is that from Thursday all pubs, bars and restaurants must operate table-service only and that all hospitality venues must close at 10pm.  The same will apply to takeaways – though deliveries can continue thereafter.

The third step is to extend the requirement to wear face coverings to include staff in retail, all users of taxis and private hire vehicles and staff and customers in indoor hospitality, except when seated at a table to eat or drink.

The fourth step is confirming that, in retail, leisure, tourism and other sectors, Covid-secure guidelines will become legal obligations.  Businesses will be fined and could be closed if they breach these rules.

The fifth step is to tighten up the rule of six.  From Monday, a maximum of 15 people will be able to attend wedding ceremonies and receptions.  Though, up to 30 can still attend a funeral as now.  The rule will extend to all adult indoor team sports.

Finally, plans to reopen business conferences, exhibitions and large sporting events will not begin from 1 October.

These rules will be enforced by tighter penalties extending fines of up to £10,000 for those who fail to self-isolate to businesses breaking Covid rules.  This is significant for construction businesses and extends the penalties that HSE can impose if not adhering to strict social distancing guidelines.  The FIS COVID H&S Toolkit is available here.

The penalty for failing to wear a mask or breaking the rule of six will now double to £200 for a first offence.

Commenting on the announcement, FIS CEO Iain McIlwee stated:

“I think we had all steeled ourselves for this, but nonetheless it is a blow to hear that after months of fighting the virus we have taken a step back.  One positive is that the clarity in the speech from the Prime Minister with respect to business and construction is appreciated – it means we avoid the worst of the confusion that we experienced as a sector back in March. 

It is the wider implications that concern me more, this is clearly a blow to the hospitality sector and is likely to impact investment here, but also delay decisions around reconfiguring and enhancing workspaces. 

I hope that the Prime Minister heeded the warnings from his fellow members of the House about needing to do more to support businesses through this challenging time so that we are there to support the recovery.  I believe now he has to look carefully at the allowances available that will encourage people to invest in their buildings and enhance their working environments in readiness for a return.  A silver lining is that, without doubt the best time to get work done is when the building will be vacant.”

A full transcript of the speech is available here.  The Prime Minister will address the nation at 8pm tonight.

An Update on Scotland

In a statement to the Scottish Parliament today the First Minister introduced a number of additional restrictions the Scottish Government believes are now necessary in order to reduce COVID rates as we enter winter.

 These restrictions include:

 ·         A strict nationwide curfew for pubs, bars and restaurants – from Friday 25th September, pubs, bars and restaurants will be required to close at 10pm.

·         From tomorrow (23 September) visiting other households indoors will not be permitted.

·         Advising against car sharing with people outside your own household.

 The First Minister also underlined existing Scottish Government advice that everyone who can work from home, should work from home.  

 The Scottish Government has also announced financial support of £500 for those on low incomes who are required to self-isolate.  

 You can read the First Minister’s full speech here.

 

Updated Trade Credit Insurance Guidance: A vital lifeline for construction

Updated Trade Credit Insurance Guidance: A vital lifeline for construction

The Construction Leadership Council guidance on trade credit insurance during COVID-19 has been updated to reflect the latest Reinsurance Scheme information. This includes a list of participating insurers and scheme rules.

Trade Credit Insurance (TCI) is a vital lifeline in the finishes and interiors sector, giving businesses throughout the supply chain the confidence to trade with one another.  The coronavirus (COVID-19) pandemic has created problems for many businesses. Given the sudden disruption to economic activity, reduced cashflow and the resulting increased risks of insolvency and default in the market, businesses have seen trade credit insurance withdrawn, premiums increasing significantly, or the level of cover offered reduced. The withdrawal of cover could cause further difficulties for businesses, by placing pressure on liquidity, necessitating changes to payment terms, and depriving SMEs in the construction sector access to trade credit, on which they depend.

TCI provides protection for businesses when customers do not pay their debts owed for products or services. A TCI policy will reimburse the policyholder in the event of the buyer’s non-payment, up to a certain credit limit set by the insurer. This form of insurance can prevent the negative impact of non-payment from having a ‘domino effect’ along construction supply chains.

On 4 June 2020 the Government announced the temporary Trade Credit Reinsurance Scheme. The Construction Leadership Council (CLC) welcomed the announcement in a press release. The Scheme is now operational and final details, including participating insurers has been published on GOV.UK.

The Insurance and Surety Working Group for CLC COVID-19 Task Force has produced this summary guidance to support businesses in the construction and maintenance supply chain, including builder’s merchants, electrical wholesalers, manufacturers and suppliers. This guidance aims to provide practical advice and considerations for discussions with brokers and insurers when seeking TCI. It also provides an outline of the TCI reinsurance scheme between government and available insurers.

Read the full guidance here.

The First Minister has confirmed today that Scotland is to remain in Phase 3 of the route map out of lockdown.

The First Minister has confirmed today that Scotland is to remain in Phase 3 of the route map out of lockdown.

The First Minister has confirmed today that Scotland is to remain in Phase 3 of the route map out of lockdown.

Further actions including those detailed below are also being taken to help suppress the spread of coronavirus (COVID-19).

  • The limit on the number of people who can meet socially indoors or outdoors will be reduced from a maximum of eight people to six people, and they should come from no more than two households down from three previously. This applies in people’s homes and gardens as well as in hospitality and public spaces such as parks.
  • Face coverings will be mandated for customers and staff in indoor hospitality. There will be an exemption for when customers are eating and drinking. Staff in non-public facing roles, such as kitchen staff, will also be exempt where face coverings may present health and safety issues due to the nature of roles. Exemptions for vulnerable groups/individuals will also apply to hospitality settings. Regulations will the take effect on Monday 14 September.
  • The cautious approach to any further opening up of economic or social activity will continue and the route map changes that were previously given an indicative date of 14 September will now be assigned a new indicative date of 5 October.

Further details are available here.

Scottish Construction Leadership Forum releases recovery plan in consultation with industry

The First Minister has confirmed today that Scotland is to remain in Phase 3 of the route map out of lockdown.

Scottish Construction Leadership Forum releases recovery plan in consultation with industry

A draft recovery plan for the construction sector in Scotland has been launched by the Scottish Construction Leadership Forum (CLF). The plan, which has been created collaboratively with industry, sets out the pathway for joint action between industry and the public sector in response to the impact caused by the global pandemic on the on the construction sector.

The construction industry in Scotland has, like many others, been hit hard by the Covid-19 pandemic. The sector in Scotland which provided £7.8 billion GVA to the Scottish economy and employs 143,000 people in over 50,000 enterprises, is estimated to have contracted by 28.6 per cent in June as a result of the Covid-19 pandemic compared to the same month a year ago (June 2019).

The recovery plan has been created through extensive consultation and collaboration with more than 50 organisations across business, Scottish Government, trades unions and other bodies, including the Construction Industry Coronavirus (CICV) Forum, and represents a shared view from across the sector of a plan to get industry back on its feet.

The plan outlines the immediate and short-term response to Covid-19 and sets out a pathway between this and the longer-term transformation required to build a stronger, fairer and greener economic future for Scotland.

Peter Reekie, chief executive of the Scottish Futures Trust and chair of the editorial group of the Construction Leadership Forum, said: “The construction industry in Scotland has received a major blow from the Covid-19 pandemic. However, the level of collaboration which has gone in to preparing this Recovery Plan is unprecedented and sets a strong foundation for transformative recovery for the industry. I urge all stakeholders with an interest in the construction and related industries in Scotland to feed in your thoughts to make it even stronger.”

Ken Gillespie, chair of the Industry Leadership Group, said: “This plan has only been possible through the depth of collaboration across the sector, and hard work of all involved, and demonstrates the sector’s ability to come together in a time of crisis. This is only the beginning though. The plan will evolve and respond to reflect the feedback and the needs of the sector. We are therefore calling for industry to review and contribute to the plan.”

The plan identifies five areas for concerted and collaborative efforts over the coming months and has established Sub-Groups to develop and progress joint action plans:

  1. Pipeline & Commercials
  2. Skills & Workforce
  3. Transformation
  4. Supply Chain Resilience & Capability
  5. Industry Data & Insight

The plan calls for key actions to respond to immediate needs which include:

  • A clear pipeline of work brought to market quickly and efficiently on fair commercial terms which reflect the reality of the Covid-19 environment.
  • Support of employment, fairness of work and those who may become unemployed through what will be a difficult period.
  • Transformation of working practices to maintain and enhance worker safety whilst enabling productivity in the Covid-19 working environment.

Housing Minister Kevin Stewart said: “The construction sector supports many other areas of our economy so it is important that we maintain the health and vitality of the industry. In order to develop this plan, we have reached new heights of collaboration but we are now keen to hear from the wider industry to ensure that we arrive at a plan that will preserve jobs and help to revive our economy.”

 

The Scottish Construction Leadership Forum (CLF), which has led the development of the plan, is a collaborative initiative of Construction Scotland and the Scottish Government. It was established in March 2019. Chaired by Housing Minister Kevin Stewart for the duration of the crisis, it widened its membership in response to Covid-19 and has already developed and implemented plans to get the industry safely back to work to develop and implement an action plan of improvement initiatives aligned with Government policies and the Construction Scotland Industry Strategy. Several streams of work are ongoing and prior to Covid-19, the Forum was at the early stages of considering a wider agenda for change across the industry.

The CLF shared vision is of an industry that promotes a safe, productive, profitable, digitally-enabled, low-carbon, and socially responsible construction industry which offers quality jobs and fair work to a highly skilled and diverse workforce and a quality and life-time value product to its customers.

The recovery plan is available to view on https://www.constructionforum.scot/.

Industry is invited to send feedback, comments and questions via the website on enquiries@constructionforum.scot by 15 September. CLF will take all feedback on board to help develop the plan further, with regular updates published on the CLF site.

ENDS

Expanding your team with a Government Supported Kickstart Employee

Expanding your team with a Government Supported Kickstart Employee

The Plan for Jobs has introduced new support for FIS members to take on 16-24 for initial six months from the Government’s new Kick-start scheme.  The new £2 billion Kickstart scheme is designed to help employers to create new jobs for those aged 16-24, claiming Universal Credit and at risk of long-term unemployment.  There is no cap on the number of places per employer.

Funding will be available for each six month job placement and will cover 100% of the National Minimum Wage for 25 hours a week and employers will be able to top this wage up.

Companies who take part in the scheme will have to prove that the jobs they are making available to applicants are new, are not replacing any already existing jobs and are ‘above and beyond any jobs they were expecting to create’.  Employers will be required to provide training and support for the kick starter to find a permanent job, in early August the Chancellor said ‘If employers meet the conditions, government will pay young people’s wages for six months, plus an amount to cover overheads.’

Each application should include how you will help the participants to develop their skills and experience, including:

  • support to look for long-term work, including career advice and setting goals
  • support with CV and interview preparations
  • supporting the participant with basic skills, such as attendance, timekeeping and teamwork

Once a job placement is created, it can be taken up by a second person once the first successful applicant has completed their 6-month term.

Applications are being accepted now directly from employers able to offer 30 or more placements.

In addition to the wage support, there is £1,500 per job placement available for setup costs, support and training.

If your organisation is creating fewer than 30 job placements, you cannot apply directly. You must partner with other organisations in order to create a minimum of 30 job placements before applying .  These organisations could include:

  • similar employers
  • local authorities
  • trade bodies
  • registered charities

FIS has now been approved by The Department of Work and Pensions to act as a gateway for employers who cannot provide 30 placements, but are keen to benefit from the scheme.  If you are interested in taking on some young people on this basis we want to hear from you, please email info@thefis.org indicating your interest and the number of places that you would like to offer.

Further Guidance for Employers is available here.

Young people can find out more about the Kickstart Scheme at the jobhelp site here.

BREXIT UPDATE: Twelve Month “Stand Still” Period for CE Marking Confirmed

BREXIT UPDATE: Twelve Month “Stand Still” Period for CE Marking Confirmed

The new UK domestic regime will cover most goods currently subject to the EU’s CE marking. The technical requirements for these goods will be the same on 1 January 2021 as they are now. However, there will be certain changes, including the introduction of the UKCA marking and a system of third-party conformity assessment by UK-recognised approved bodies, in place of the current EU system of notified bodies.

There will be a ‘standstill period’ which for most CE marked goods will last from 1 January 2021 the 31 December 2021. During this time businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after 1 January 2021. However, to allow businesses time to adjust, CE marked goods in scope of this guidance that meet EU requirements (where these match UK requirements) can continue to be placed on the GB market until 1 January 2022 where EU and UK requirements remain the same. This includes goods which have been assessed by an EU recognised notified body.

These transitional measures will only apply until the 1 January 2022. From this point the UKCA mark will be required to be displayed on products, where the CE mark is currently used, to show compliance to the UK domestic regime. To ease the burden on businesses, until the 1 January 2023 for most UKCA marked goods you have the option to affix the UKCA marking on a label affixed to the product or on an accompanying document. The economic operators (whether manufacturer, importer, or distributor) should take reasonable steps to ensure the UKCA marking remains in place. From 1 January 2023, the UKCA marking must, in most cases, be affixed directly to the product. You should start building this into your design process ready for this date.

There are four links to guidance we would like to bring to your attention:

  1. Placing UKCA and CE marked goods on the GB market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021
  2. Placing manufactured goods on the EU market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021
  3. Prepare to use the UKCA marking from 1st January 2021: www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021
  4. Conformity assessment bodies: status from 1st January 2021: www.gov.uk/guidance/conformity-assessment-bodies-change-of-status-from-1-january-2021

Specific additional guidance has been provided for products covered by the Construction Products Regulation from 1 January 2021.

The Construction Products Association have produced an excellent summary for FIS Members in terms of what we currently understand about the Construction Products Regulations from 1st January 2021.  

To access the FIS Ready for Brexit Toolkit, click here 

Builders Work Holes: The devil is in the detailing

Builders Work Holes: The devil is in the detailing

FIS has launched a new factsheet focusing on the detailing of Prepared Service Openings commonly referred to as Builders Work Holes.

In launching the factsheet, FIS Technical Director Joe Cilia stated: “We have had a number of enquiries through our helpline in recent weeks looking at the proximity and permitted sizes of service openings.

Anyone following the Grenfell Inquiry and the cross examining of the various construction and site managers will see how it is possible for details to fall between cracks – all to often we we hear phrases like “the architect says it is the contractors choice”.  This is the sort of area where design liability can be assumed and decisions must be informed by test evidence and properly signed off.

This factsheet isn’t so much about the definitive answers as these will depend on materials and environment and what the supplier/ manufacturer of the system states is required to maintain performance, but it is about making sure that the right process is followed and ultimately ensuring that a safety first approach is adopted.

The key point we are making is that early engagement in the design process is absolutely essential – we have to get away from the culture where the detailing is left to the last minute and the contractor expected to carry all the risk!”

The factsheet is Preparing Service Openings (Builders Work Holes) is available to download here

For the full range of technical support from the FIS visit our FIS Technical Knowledge Hub

 

HSE publish new guidance: RIDDOR reporting of COVID-19

HSE publish new guidance: RIDDOR reporting of COVID-19

There is no requirement under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to report incidents of disease or deaths of members of the public, patients, care home residents or service users from COVID-19.The reporting requirements relating to cases of, or deaths from, COVID-19 under RIDDOR apply only to occupational exposure, that is, as a result of a person’s work.

What to report

You should only make a report under RIDDOR when one of the following circumstances applies:

Dangerous occurrences

Dangerous occurrences are certain unintended, specified events, which may not result in a reportable injury, but which do have the potential to cause significant harm.

For an incident to be reportable as a dangerous occurrence, the incident must have resulted (or could have resulted) in the release or escape of coronavirus, that is, led to a possible or actual exposure to coronavirus.

The assessment does not require any complex analysis, measurement or test, but rather for a reasonable judgement to be made as to whether the circumstances gave rise to a real risk or had the potential to cause significant harm.

Find out more about what the law says including some examples of what is not and what is reportable as a dangerous occurrence.

Cases of disease: exposure to a biological agent

When deciding if a report is required, the responsible person (usually the employer) must make a judgement, based on the information available, as to whether or not a confirmed diagnosis of COVID-19 is likely to have been caused by an occupational exposure, that is, whether or not there is reasonable evidence that a work-related exposure is the likely cause of the disease.

The report should specify a disease due to exposure to a biological agent and use the case of disease report form.

Get more information on what constitutes a diagnosis and more guidance on making a judgement and reasonable evidence.

Work-related deaths due to exposure to a biological agent

For an incident to be reportable as a death due to occupational exposure to coronavirus there must be reasonable evidence that a work-related exposure caused the worker’s death.

The responsible person should notify the enforcing authority by the quickest practicable means, without delay, and send a report within 10 days. The report should specify death due to exposure to a biological agent using the “case of disease” report form.

More on work-related deaths from coronavirus: What the law says and information on making a judgement using reasonable evidence.

Make a RIDDOR report online

You can access the FIS COVID H&S Toolkit here

CLC Schools Initial Scoping Workshop Report Published

CLC Schools Initial Scoping Workshop Report Published

Education represents the second largest element of public service spending in the UK behind Health – equivalent to around 4.3 per cent of national income. However, despite this level of commitment, the UK continues to face significant challenges when it comes to ensuring there are sufficient school places to meet growing demand.

According to ‘The School Places Challenge 2019’ published by Scape Group, despite efforts to increase school building over recent years, local authorities continue to face an uphill battle – with the number of children needing a school place in England expected to rise by 385,031 by 2021/22, and Scotland, Northern Ireland and Wales expecting to require an additional 33,179 pupils between them by 2020/21.

In a post Covid-19 financial landscape the need to deliver high quality buildings with improved levels of efficiency will never be greater – and represents an opportunity to turn this challenge into a positive catalyst for change.

The Construction Leadership Council has identified that innovation and smart construction has the potential to transform the productivity of the construction sector, address its capacity issues and improve the quality and performance of the buildings we produce.

We have already seen positive progress by the Innovation in Buildings workstream to drive the adoption of smart construction within a Residential context and are now pleased to extend this thinking across another sector.

Working with the Department for Education and a number of key industry, academic and government representatives we have commenced the development of a collaborative plan of action to deliver a real increase in smart construction across Educational building delivery.

The findings of our initial launch workshop are published below, and we look forward to sharing our ongoing progress with you throughout 2020 and beyond.

Read the Initial Scoping Workshop Report here.

The First Minister has confirmed today that Scotland is to remain in Phase 3 of the route map out of lockdown.

Local Authority Amendments To The Standard Building Contracts Used In Scotland

In a letter supported by FIS issued to Kevin Steward MSP, Minister for Local Government Housing and Planning, the Chair of the CICV Forum draws attention to the unwelcome practice of amendments to Building Contracts in both the public and private sector and the devastating impact this can have on the construction sector as risk is forced through the supply chain.  The letter alerts the Minister to one instance where a contract from a Local Authority was presented with a total of 67 pages of amendments.

The letter also spotlights specific instances where entitlement have been removed and contractors are being forced to take all the financial impact of COVID related events.

In support of the letter, FIS CEO Iain McIlwee stated: “Once again we see the industry working together lead by the CICV.  It is so disappointing to see some of these underhand tactics being used to exploit the industry’s need to find work and ramp things back up again – Alan makes some excellent points in his letter and I hope the Scottish Government will step up and take on board the suggestions contained.  With the extended lock down Scottish Businesses have had a particularly difficult time, but these issues are not confined to Scotland and companies across the UK need to be very careful about what they sign up to in these uncertain times.”

The full letter can be read here.

Note that the Construction Leadership Council continue to gather information about the nature and extent of commercial issues within the industry – the deadline for the survey (which can be completed here) is Friday 21st August.  FIS is encouraging all members to complete where they have concerns to raise specific issues as they arise with FIS.

The Self-Employment Income Support Scheme claim service is now open

The Self-Employment Income Support Scheme claim service is now open

If Labour Only Sub Contractors are eligible for the second and final Income Support Scheme grant, and have been adversely affected on or after 14 July 2020, you can make a claim on or before 19 October 2020. You can claim for the second grant even if you did not make a claim for the first grant. If you have different circumstances it can affect your eligibility. If you’re self-employed or member of a partnership, find out how your circumstances can affect your eligibility for the scheme.

Please see here to understand how HMRC works out trading and non-trading income for the Self Employment Income Support Scheme.

New Guidance from BSI on Safe Working During the COVID-19 Pandemic

New Guidance from BSI on Safe Working During the COVID-19 Pandemic

Latest News

HSE statistics release: coronavirus disease reports and new support for reporting

HSE statistics release: coronavirus disease reports and new support for reporting

Where a worker has been diagnosed as having COVID-19 and there is reasonable evidence to suggest that it was caused by occupational exposure, employers are required to report the case to the relevant enforcing authority under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Latest published figures up to week ending 11 July show:

  • 7,971 disease notifications of COVID-19 in workers where occupational exposure is suspected were reported to enforcing authorities (HSE and LAs) over the period 10th April – 11 July, including 119 death notifications
  • around 80% of all worker reported cases (fatal and non-fatal) since 10 April were in HSE enforced workplaces
  • the majority of reports received since 10th April are for workers in the Health and Social Work sector (including for example hospitals, residential homes and day care). Around 75% of reports were recorded by employers against these activities, although the actual percentage may be higher as it is known that many reports for this sector get mis-classified by employers, particularly to the accommodation sector and to other personal services
  • 85% of worker COVID-19 reports received since 10 April were from workplaces in England, 8% in Wales and 7% in Scotland
  • the number of COVID-19 notifications made to enforcing authorities has generally fallen week-on-week since beginning of May, and is now at the lowest weekly level since week commencing 12 April (consistent weekly data is unavailable prior to then)
  • all cases that are reported to HSE and Local Authorities are being assessed and investigations initiated where incidents meet our published Incident Selection Criteria. We are unable to comment on individual investigations at this time.

Total suspected occupational COVID-19 reports made by employers to the Enforcing Authorities, 12 April to 11 July 2020

The statutory disease reporting form was changed on 10 April to enable systematic identification of COVID-19 reports. Guidance was also issued on this date around reporting requirements for COVID-19 deaths under RIDDOR. While some COVID reports may have been made prior to 10th April, they will not be consistent with later time periods. Therefore the data considers reports from 10 April onwards only.

The Government has also published New guidance for businesses and organisations on how to recognise, contain and report incidents of coronavirus has been published. Action cards have been developed to cover a range of businesses and organisations to provide specific advice on the issues each type of organisation may face now lockdown restrictions have been eased. The cards are designed to be printed or downloaded to keep on hand in your business or organisation.

You can access the FIS COVID H&S Toolkit here.

Incentive payments for hiring a new apprentice

Incentive payments for hiring a new apprentice

In recognition that Apprenticeships will be more important than ever in helping businesses to recruit the right people and develop the skills they need to recover and grow – both now and in the long-term. Due to the economic impact of the coronavirus (COVID-19) outbreak the government has introduced incentive payments for hiring a new apprentice to help organisations offer new apprenticeships.

Employers who hire a new apprentice between 1 August 2020 and 31 January 2021 can apply for:

£2,000 for each new apprentice aged 16 to 24

£1,500 for each new apprentice 25 and over

You can apply for the payment from 1 September 2020, after you add new apprentices to your apprenticeship service account.  The first payments will be made from January 2021 and will be paid directly into employer’s bank accounts.

How the incentive payments for hiring a new apprentice works

You’ll get the payment in 2 equal instalments. You will be eligible for 50% of the payment 90 days after the apprentice’s start date, and the remaining 50% after the apprentice completes 365 days of their apprenticeship.

The apprentice will need to be in employment and undertaking their apprenticeship at these times as evidenced in the Individualised Learner Record.

Apprentices who’ve been made redundant are eligible as long as they’re a new employee to your organisation. To get the second instalment the apprentice must have at least one year (356 days) of training left to complete.

Find Apprenticeship Training

Brexit: Goods into, out of, or through Northern Ireland and new Grants to Support Customs Declarations

Brexit: Goods into, out of, or through Northern Ireland and new Grants to Support Customs Declarations

The Northern Ireland Protocol will take effect from 1 January 2021. New guidance provides support for businesses engaging in new processes under the Northern Ireland Protocol. The guidance outlines that, under the Northern Ireland Protocol, the UK Government will ensure that:

  • Moving goods from Northern Ireland to Great Britain should take place as it does now – there will be no additional process, paperwork, or restrictions on Northern Ireland goods moving to Great Britain, delivering unfettered access.
  • Changes for goods moving from Great Britain to Northern Ireland will be kept to an absolute minimum – with a new Trader Support Service, available to all traders at no cost, to be established to provide wraparound support, alongside guidance on the processes for food and agricultural products designed to uphold the longstanding status of the island of Ireland as a single epidemiological unit.
  • Trade in goods between Northern Ireland and Ireland, and between Northern Ireland and EU Member States, will continue unaffected, with no change at the border, no new paperwork, and no tariffs or regulatory checks.
  • For trade with the rest of the world, Northern Ireland will benefit from UK FTAs – ensuring the benefits of those agreements are felt right across the United Kingdom.

If  businesses are impacted by these changes, they may want to consider the Trader Support Service. It can help businesses if they:

  • move goods between Great Britain and Northern Ireland, or bring goods into Northern Ireland from outside the UK;
  • act on behalf of someone to move goods between Great Britain and Northern Ireland, or bring goods into Northern Ireland from outside the UK;
  • are based in Northern Ireland and receive goods from outside of Northern Ireland;
  • send parcels between Great Britain and Northern Ireland, or bring parcels into Northern Ireland from outside the UK, using Royal Mail or an express operator.

The Trader Support Service will be free to use and will guide businesses  through any changes to the way goods move between Great Britain and Northern Ireland, and into Northern Ireland from outside the UK. Businesses  can also use it to get declarations completed on their behalf. Businesses can register an interest in the Trader Support Service here.

Apply for grants if your business completes customs declarations

Businesses can apply for 3 grants to help their business complete customs declarations. They can apply to get funding for:

  • training that helps a business to complete customs declarations and processes;
  • hiring new staff to help their business complete customs declarations;
  • IT improvements to help their business complete customs declarations more efficiently.

More information on the scheme and how to apply is available here.

Supplementary Funding available from CITB for FIS Members

Supplementary Funding available from CITB for FIS Members

The FIS Training Group has secured funding to supplement the cost of training courses completed by FIS employer members.  This FIS Supplement is in addition to the CITB GET code grant you claim from CITB for short duration courses.  Organisations are eligible for this FIS Supplement if the training undertaken is not on their CITB Skills and Training Fund Plan.

FIS Skills and Training Lead, George Swann, states “This is good news for the training group and our community as it enables members to access additional funding of up to £1,000 to cover a wide array of training, from generic health and safety through to specialist courses such as spray plastering, deflection heads or fire door inspection.  If you wish to make use of this supplementary funding we advise you to get in touch with FIS asap as it is a limited pot.”

Application for this supplementary funding is straightforward and will be based on quarterly caps.  It will be administered on a first come first served basis.  To claim an applicant will simply need to send your invoice to info@thefis.org or telephone 0121 707 0077, FIS will review in line with availability and the set CITB criteria.  If the claim meets the requirements of the supplement and the cap has not been reached we will arrange a refund of 50% of the course costs up to a maximum value of £250 per delegate, £1,000 per company per year, less the Tier GET code grant claimed from CITB.

See the full terms and conditions below.

For a full list of the CITB Training Standards please see: CITB training standards

CITB GET Fund FIS Supplement Terms and Conditions:

  1. An FIS supplement can only be paid to organisations ‘in scope’ to CITB and up to date with levy payments.
  2. The supplement is primarily for micro and small organisations no more than 25% of the total fund can be paid to large organisations (100 or more employees).
  3. Non Grant Eligible training is not covered by this supplement.
  4. The supplement cannot be used for Grant Eligible training that is already included on an individual employer contracted CITB Skills and Training allocation.
  5. Training must have taken place between 01 August 2020 and 31 March 2021 and have been completed before applying.
  6. Training must have been completed by delegates who are currently employed by or are NET (taxed) Construction Industry Scheme (CIS) sub-contractors of CITB registered employers.
  7. Invoices supplied must show the full costs of the training which have been carried out including CITB registration number, Training Provider, course name, CITB GET code, Tier value, date of completion, number of delegates, course cost and VAT.
  8. Successful applications will be notified within 25 working days.
  9. Payments will be made in the first week of October 2020, first week of December 2020 and first week of March 2021.

Funding is limited so cannot be guaranteed.

FIS are currently surveying members to identify the GET Code training courses in most demand.  If your organisation uses CITB short duration courses, please complete this survey

FIS is happy to review and support all of your funding claims through our one to one Skills and Funding Clinics (remember at this time you can still claim CITB Grants for courses undertaken completed in 2019 up until end November 2020 – our Skills clinics will help you to identify and process these claims).  This is a service freely available to members through the booking form here.  Members are also strongly advised to apply for the CITB Skills and Training Fund 2020 which can allow organisations to claim up to £25,000 to support their training needs.