by Iain McIlwee | 13 Nov, 2020 | Main News Feed
Urgent update for members using European Technical assessments
FIS is working with colleagues from across the sector, via the Construction Leadership Council (CLC) Product Standards and Regulatory Alignment Group, to formulate a clear position on matters pertaining to Brexit. One area we have been discussing and has raised a particular concern has been CE marking using European Technical Assessments (ETA’s), specifically how they can be applied to products sold in the European Union when we exit the EU on January 1 2021.
Contrary to what the European Organisation for Technical Assessment (EOTA) has been stating for some time, the European Commission has ‘decreed’ that ETAs originating from UK TABs will not be valid in the EU after 31/12/20. These ETAs are to be removed from the EOTA website on 1/1/21. This means, as it currently stands, manufacturers using Technical Assessment Bodies (TAB’s) in the UK will no longer be able to CE mark products when placing them on the market in the European Union and Northern Ireland from January 1 2021.
EOTA is raising their concerns about this approach with the Commission and at the same time the issue has been raised in the UK with the Department of Business Energy and Industrial Strategy (BEIS). At this stage it is unlikely that we will get a clear response or any movement until there is clarity on the details of any deal with the EU .
It is important to note that in the reverse scenario there is a transitional year agreed i.e. manufacturers using TAB’s based in the European Union will be able to continue CE marking products and selling these into the UK, but will have to use a UK TAB in order to apply a UKCA mark by the end of December 2021.
If you are currently CE marking products based on an ETA, it is advised that you contact the TAB that you are currently working with to check that they are aware and have a process in place for supporting you in transitioning Assessments to an appropriate authority, if necessary.
We are still trying to understand if this will have an impact if you are currently placing your product on the UK market using a CE Mark.
HMRC urges traders to act now to prepare for 1 January 2021
With 53 days to go until the end of the transition period, HMRC has written to VAT-registered traders who trade with the EU, to encourage them to act now in order to avoid business disruption. The Border Operating Model and tax rules will come into effect at the end of the transition period regardless of whether or not a Free Trade Agreement is negotiated.
To continue trading with Europe from 1 January 2021, businesses should take some key actions:
- Appoint a specialist to deal with import and export declarations. This is important regardless of the amount or value of trade your business does with Europe. Most businesses use a third party such as a freight forwarder or fast parcel operator to deal with this, and do not do their customs declarations themselves.
- Check to see if you will be able to delay your declarations or duty payments.
- Register for the free-to-use Trader Support Service if you plan on moving goods into Northern Ireland from 1 January 2021.
- For more help and advice on preparing for the end of the transition period, please visit www.gov.uk/transition
Selling goods into the EU (including Ireland) post Brexit
From 16th July 2021 UK manufacturers will need to appoint an authorised representative base in the EU or EEA if selling products without using an importer or a fulfilment service provider e.g. if you sell online and ship directly to the end user.
This information is set out in Regulation (EU) 2019/1020 on market surveillance and compliance of products which amends the CPR and Regulation (EC) No 765/2008. Article 4(1) of Regulation (EU) 2019/1020 states that products subject to the legislation referred to in Article 4(5) can only be placed on the market if there is a person established within the Union who is responsible for the regulatory compliance tasks set out in Article 4(3).
Article 4(2) of the Regulation requires the authorised representative must have their name, registered trade name or trademark and contact details indicated on the product or its packaging, the parcel or accompanying documentation.
Below is an extract of Article 4 from Regulation (EU) 2019/1020. A copy of the full Regulation can be viewed here.
CHAPTER II
TASKS OF ECONOMIC OPERATORS
Article 4
Tasks of economic operators regarding products subject to certain Union harmonisation legislation
Notwithstanding any obligations set out in applicable Union harmonisation legislation, a product subject to legislation referred to in paragraph 5 may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product.
For the purposes of this Article, the economic operator referred to in paragraph 1 means any of the following:
(a) a manufacturer established in the Union;
(b) an importer, where the manufacturer is not established in the Union;
(c) an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in paragraph 3 on the manufacturer’s behalf;
(d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points (a), (b) and (c) is established in the Union.
Without prejudice to any obligations of economic operators under the applicable Union harmonisation legislation, the economic operator referred to in paragraph 1 shall perform the following tasks:
(a) if the Union harmonisation legislation applicable to the product provides for an EU declaration of conformity or declaration of performance and technical documentation, verifying that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keeping the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for the period required by that legislation and ensuring that the technical documentation can be made available to those authorities upon request;
(b) further to a reasoned request from a market surveillance authority, providing that authority with all information and documentation necessary to demonstrate the conformity of the product in a language which can be easily understood by that authority;
(c) when having reason to believe that a product in question presents a risk, informing the market surveillance authorities thereof;
(d) cooperating with the market surveillance authorities, including following a reasoned request making sure that the immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in Union harmonisation legislation applicable to the product in question, or, if that is not possible, to mitigate the risks presented by that product, when required to do so by the market surveillance authorities or on its own initiative, where the economic operator referred to in paragraph 1 considers or has reason to believe that the product in question presents a risk.
Without prejudice to the respective obligations of economic operators under the applicable Union harmonisation legislation, the name, registered trade name or registered trade mark, and contact details, including the postal address, of the economic operator referred to in paragraph 1 shall be indicated on the product or on its packaging, the parcel or an accompanying document.
This Article only applies in relation to products that are subject to Regulations (EU) No 305/2011 (34), (EU) 2016/425 (35)and (EU) 2016/426 (36) of the European Parliament and of the Council, and Directives 2000/14/EC (37), 2006/42/EC (38), 2009/48/EC (39), 2009/125/EC (40), 2011/65/EU (41), 2013/29/EU (42), 2013/53/EU (43), 2014/29/EU (44), 2014/30/EU (45), 2014/31/EU (46), 2014/32/EU (47), 2014/34/EU (48), 2014/35/EU (49), 2014/53/EU (50) and 2014/68/EU (51) of the European Parliament and of the Council.
Visit the FIS Brexit Toolkit for latest updates and guidance
by Iain McIlwee | 5 Nov, 2020 | Insurance, Main News Feed
Workers across the United Kingdom will benefit from increased support with a five-month extension of the furlough scheme into Spring 2021, the Chancellor announced today, 5 November.
The Coronavirus Job Retention Scheme (CJRS) will now run until the end of March with employees receiving 80% of their current salary for hours not worked.
Similarly, support for millions more workers through the Self-Employment Income Support Scheme (SEISS) will be increased, with the third grant covering November to January calculated at 80% of average trading profits, up to a maximum of £7,500.
The Chancellor of the Exchequer Rishi Sunak said:
I’ve always said I would do whatever it takes to protect jobs and livelihoods across the UK – and that has meant adapting our support as the path of the virus has changed.
It’s clear the economic effects are much longer lasting for businesses than the duration of any restrictions, which is why we have decided to go further with our support.
Extending furlough and increasing our support for the self-employed will protect millions of jobs and give people and businesses the certainty they need over what will be a difficult winter.
The Chancellor also announced today an increase in the upfront guarantee of funding for the devolved administrations from £14 billion to £16 billion. This uplift will continue to support workers, business and individuals in Scotland, Wales and Northern Ireland.
The furlough scheme was initially extended until 2 December. But the government is now going further so that support can be put in place for long enough to help businesses recover and get back on their feet – as well as giving them the certainty they need in coming months. Evidence from the first lockdown showed that the economic effects are much longer lasting for businesses than the duration of restrictions.
There are currently no employer contribution to wages for hours not worked. Employers will only be asked to cover National Insurance and employer pension contributions for hours not worked. For an average claim, this accounts for just 5% of total employment costs or £70 per employee per month. The CJRS extension will be reviewed in January to examine whether the economic circumstances are improving enough for employers to be asked to increase contributions.
Throughout the pandemic, the government has acted with speed to protect lives and safeguard jobs with an unprecedented £200 billion support package. The furlough scheme has protected over nine million jobs across the UK, and self-employed people have already received over £13 billion in support. This is in addition to billions of pounds in tax deferrals and grants for businesses.
On top of this, the government has announced:
- cash grants of up to £3,000 per month for businesses which are closed worth more than £1 billion every month
- £1.1 billion is being given to Local Authorities, distributed on the basis of £20 per head, for one-off payments to enable them to support businesses more broadly
- plans to extend existing government-backed loan schemes and the Future Fund to the end of January, and an ability to top-up Bounce Back Loans
- an extension to the mortgage payment holiday for homeowners
- up to £500 million of funding for councils to support the local public health response.
The full speech from the Chancellor is available here.
Visit the FIS COVID-19 Hub here.
by Iain McIlwee | 1 Nov, 2020 | Insurance, Main News Feed
The PM has announced that, in line with the new National Lockdown announced on the 31st October, Furlough arrangements through the Coronavirus Job Retention Scheme will be extended “until December”. Under the extended scheme, workers in any part of the UK who will be paid at least 80% of their salary up to £2,500 a month. The flexibility of the current CJRS will be retained to allow employees to continue to work where they can.
Employers small or large, charitable or non-profit are eligible and because more businesses will need to close, they will now be asked to pay just National Insurance and Pensions contributions for their staff during the month of November – making this more generous than support currently on offer.
The proposed Job Support Scheme will not be introduced until after Coronavirus Job Retention Scheme ends.
Access the FIS COVID-19 Hub here.
by Iain McIlwee | 31 Oct, 2020 | Main News Feed
The Prime Minister today, 31st October, announced that from Thursday the country would return to National Lockdown in England for a period of 4 weeks. The lockdown rules announced are less strict than those announced earlier in the year, but will see restrictions in place on non-essential travel and parts of retail and many hospitality and leisure businesses being forced to close. However, in his speech the Prime Minister confirmed that the Construction and Manufacturing Sector would not be expected to stop working. He also announced that the Furlough scheme would be extended into December, the Government will once more put in the full 80% of salary (up to the maximum of £2,500), with the employer only covering pension and national insurance contributions..
Lockdown plans will be set before Parliament this week with the intention of commencement on Thursday.
Commenting on the lockdown FIS CEO, Iain McIlwee stated “This is clearly a blow to National morale and will impact the economic recovery that we had started to see, however, at least the Prime Minister name checked construction and manufacturing so we have clarity as a sector about how to proceed and will not return to the uncertainty and chaos that the industry experienced at the outset of the first lockdown.”
You can access resources in the FIS COVID-19 H&S Hub to support social distancing at work and the FIS COVID-19 Hub should you require letters of authorisation to support hotel stays or travel requirements related to construction activities.
A full transcript of the Prime Minister’s speech and accompanying slides are available here.
Devolved Nations
Scotland now has five COVID protection levels in place, ranging from ‘Level 0 ‐ Nearly Normal’ to ‘Level 4 ‐ Lockdown’, and you can check the level for an area by entering the postcode.
Wales is under its own ‘firebreak’ lockdown until Monday 9 November 00:01am. Under this “firebreak” that was implemented from Friday 23 October:
- Construction and manufacturing can continue, provided employers take all reasonable measures to mitigate the spread of coronavirus. This includes builders’ merchants, which can remain open.
- In a last minute change to the guidance, work in people’s homes can continue, as long as both the worker and household members have no symptoms of coronavirus. If a member of the household is self‐isolating, works are not recommended except to repair faults posing a direct safety risk.
- All accommodation providers are required to close, unless they are providing ‘specific services’ at the request of the Welsh Government or a local authority. This includes providing emergency accommodation for key workers, which include those responsible for the construction or maintenance of public service buildings.
Northern Ireland In Northern Ireland, a tighter lockdown has been implemented for four weeks, increasing restrictions on travel and gatherings. Again construction sites are allowed to continue to operate in compliance with social-distancing measures. Border counties in the south such as Donegal, Monaghan and Cavan have seen their level of restrictions increase, meaning only essential workers should go to work; construction has been deemed as ‘essential’ and will be allowed to continue. These restrictions are in place until Friday 13 November.
by Iain McIlwee | 23 Oct, 2020 | Main News Feed
The Construction Leadership Council has published guidance on the movement of goods and materials into and between GB and NI in respect of the expiration of the transition period with the European Union at the end of the year.
The guidance offers an overview of the new customs regime, specific information concerning the trade of goods and materials between Great Britain and Northern Ireland as well as between Northern Ireland and the Republic of Ireland. The guide also includes an introduction to the new UK Global Tariff, touches on the interplay between movement of goods and materials and standards and alignment (which will be covered in a separate CLC publication), information on preparedness of the border as well information on shortage materials and other useful resources.
The guidance has been issued by the Movement of Goods and Materials Workstream (Product Availability Group) of the CLC BREXIT Working Group and comprises the third publication in a suite of business readiness advice that the group intends to publish ahead of 31 December 2020.
Access the guidance here.
by Iain McIlwee | 23 Oct, 2020 | Main News Feed
In just 71 days there will be guaranteed changes to doing business and there are many actions you can take now to prepare.
Regardless of whether we reach a trade agreement with the EU, from 1 January there will definitely be changes to:
- the way businesses import and export goods
- the process for hiring people from the EU
- the way businesses provide services in EU markets
This week the government is launching a major public information campaign to help firms prepare and keep business moving. It has one simple message: Time is running out, so you need to act now.
Support is available, including sector-specific webinars to walk you through the changes. If you missed our webinars for the Services and Investment, Retail, Automotive, Materials and Metals, Electronics Machinery and Consumer Goods sectors, they are available to watch on demand now.
As Business Secretary I encourage you to:
- Check what actions you need to take by visiting uk/transition.
- Sign up for updates.
- Attend government webinars for additional support, sign up here.
Unless you take action, there is a risk your business operations will be interrupted. You should also check with your suppliers and customers that they are taking action.
I know these are challenging times, but the transition period is ending on 1 January and there will be no extension. It is vital your business prepares for our new relationship with the EU, outside of the single market and customs union. The Government will be there to support and help you to take advantage of the many new opportunities that being an independent trading nation will bring.
Yours sincerely,
Rt Hon Alok Sharma MP
Secretary of State for Business, Energy and Industrial Strategy
Yours sincerely,
Rt Hon Alok Sharma MP
Secretary of State for Business, Energy and Industrial Strategy
Additional Brexit Updates from the Department of Business Energy and Industrial Strategy
The updated Border Operating Model provides further detail on how the GB-EU border will work and the actions that traders, hauliers and passengers need to take. These steps will be needed regardless of whether we reach a trade agreement with the EU. The updated GB-EU Border Operating Model:
- Maps out the intended locations of inland border infrastructure. The sites will provide the necessary additional capacity to carry out checks on freight.
- Announces that passports will be required for entry into the UK from October 2021 as the Government phases out the use of EU, EEA and Swiss national identity cards as a valid travel document for entry to the UK.
- Confirms that a Kent Access Permit will be mandatory for HGVs using the short strait channel crossings in Kent. The easy-to-use ‘Check an HGV’ service will allow hauliers to check if they have the correct customs documentation and obtain a Kent Access Permit. A preview demo of the Check and HGV service is available now.
Government launches plans to keep trade flowing after 1 January 2021: The government has announced a series of measures to help keep trade flowing by minimising the risk of disruption at the end of the transition period.
Exporters: sign up for the EU dual-use OGEL: Check now whether your business will need to register for the Open General Export Licence (OGEL), for export of dual-use items to EU member states from 1 January 2021. A full listing of sectors covered, and how to register for the licence with the Export Control Joint Unit is contained in this Notice to Exporters.
HMRC has written to VAT-registered businesses highlighting actions they need to take to prepare for new processes for moving goods between Great Britain and the EU from 1 January 2021.
by Iain McIlwee | 20 Oct, 2020 | Main News Feed
Restrictions are being increased across the four nations to tackle the second wave of coronavirus, and First Minister Mark Drakeford has announced a national lockdown in Wales from Friday 23 October until Monday 9 November.
- Construction and manufacturing can continue, provided employers take all reasonable measures to mitigate the spread of coronavirus. This includes builders’ merchants, which can remain open.
- In a last minute change to the guidance, work in people’s homes can continue, as long as both the worker and household members have no symptoms of coronavirus. If a member of the household is self‐isolating, works are not recommended except to repair faults posing a direct safety risk.
- All accommodation providers are required to close, unless they are providing ‘specific services’ at the request of the Welsh Government or a local authority. This includes providing emergency accommodation for key workers, which include those responsible for the construction or maintenance of public service buildings.
A concern for the sector is that in Wales Centres that have been hosting the H&S Tests will be closing.
In Northern Ireland, a tighter lockdown has been implemented for four weeks, increasing restrictions on travel and gatherings. Again construction sites are allowed to continue to operate in compliance with social-distancing measures. Border counties in the south such as Donegal, Monaghan and Cavan have seen their level of restrictions increase, meaning only essential workers should go to work; construction has been deemed as ‘essential’ and will be allowed to continue.
In Scotland it was announced today (23rd October) that a 5 tier system is to be introduced. ‘Level 0’ is effectively the same level of protection as the Route Map Phase 3 measures Scotland reached in August and will act as a baseline, with four levels above that designed to apply increasing protection from the virus in areas according to prevalence, the risk to communities and the need to protect the NHS. Levels 1, 2 and 3 will be broadly equivalent to the UK Government levels to offer some uniformity with measures south of the border. Levels will be reviewed on a regular basis.
Ongoing financial support is set out in the framework and will be available to businesses which are required to close or which can remain open but will be directly affected by restrictions. The Scottish Government will work with local authorities to ensure grants are made available quickly and efficiently.
In the coming days the Scottish Government will engage with local government, stakeholders, economic groups and other partners, prior to a final version of the strategic framework being debated in parliament next Tuesday (27 October).
With some detail to be confirmed in Scotland, at the time of writing, Construction work can continue across the UK (subject to complying with the necessary social distancing and COVID safety measures) – in the event of workers being stopped on journeys to and from sites, Build UK has produced an authorisation letter template for employers which may be helpful.
You can access the FIS COVID Hub for all the latest news here
by Iain McIlwee | 20 Oct, 2020 | Main News Feed
The Site Operating Procedures have been updated to reflect recent changes in Government guidance. Whilst there are no significant changes to social distancing requirements on sites, the Construction Leadership Council (CLC) has taken the opportunity to streamline the Site Operating Procedures whilst maintaining the familiar format.
Changes to the Site Operating Procedures ‐ Version 6 include:
• Current requirements such as social distancing are referenced on page 1 making it easier to update in future
• The CLC statement on The Use of Face Coverings is included
• Updated guidance on shielding, self‐isolation, testing and what to do if a worker develops COVID‐19 symptoms or has to self‐isolate, including a link to Build UK’s flowchart
• Confirmation that canteens serving food must display an NHS QR Code
• The wording has been reviewed throughout to reflect the fact that social distancing is no longer exceptional, and that in some key areas Government has published more detailed guidance or updated terminology.
Cases of coronavirus are increasing across all four nations, and sites are urged to remind the workforce of the importance of social distancing outside of work, in order to protect themselves and others and help keep construction sites open.
You can access the updated Site Operating Procedures here
by Iain McIlwee | 15 Oct, 2020 | Main News Feed, Transformation
Last week was UK Construction Week, which is a great opportunity to step back and reflect on what has been achieved by the CLC in the past year. One thing that is very clear to me, is that as a result of the Covid19 pandemic, the profile of both construction and the CLC has increased significantly. I was particularly pleased to hear the Construction Minister, Nadhim Zahawi, highlighting examples of our work including the Talent Retention Scheme during his keynote speech at the conference.
The CLC has of course been transformed as a result of our response to Covid-19. We have reformed our structure and organisation; we have increased the tempo of our work in response to the crisis and we are working hard to deliver an Industry Recovery Plan agreed jointly between government and industry last summer.
Yesterday we published a progress review of work on the Recovery Plan. As co-chair, I think that it is useful for me to share my thoughts on the key milestones. Before I do that, I also want to highlight why the plan is so important. Firstly, it is a really positive reflection of a joined-up industry that is thinking collaboratively and strategically about our role in the Covid-19 recovery. Secondly, its content reflects the effective relationship that we have developed with government over the past five years, supporting key objectives that are as diverse as net-zero carbon, skills, and productivity. Thirdly, and most importantly, the plan is being implemented successfully in partnership, and it is making a difference.
Turning to the review itself, I find it a really useful summary of a plan that has many moving parts, all of which play a role in driving the wider recovery. Most of the focus is rightly on our ‘reset’ activities that are supporting the industry to get back on track. Many of these measures, including the Site Operating Procedures, the extension of Right to Buy and flexibility on site working hours are all pragmatic measures that have enabled firms in the sector to work as productively as possible in difficult circumstances. Collaborative work on payment terms and contractual best practice also appears to have made a practical difference to the way in which money flows around the sector. However, I am clear that the biggest achievement of the CLC during the reset phase has been the establishment of the Talent Retention Scheme. As Covid-19 has an inevitable impact on both firms and the people working in our industry, I have a feeling that the TRS will prove to be a real asset as we look to retain our skills base.
Whilst our focus necessarily needs to be on the here and now, I am also really encouraged to see progress on the longer-term Reset and Re-invent phases of the plan which aim to support the longer-term transformation of the sector. Probably the highest profile initiative at the moment is the forthcoming Government Construction Playbook, which will support a stronger and more sustainable relationship between our sector and our government clients. However, there is also great progress being made on initiatives associated with innovation in collaboration with the Construction Innovation Hub, and with building safety, net-zero carbon, and skills.
I am immensely proud of the work that has been achieved by my colleagues on the CLC over the past year. Through a common purpose and tremendous collaboration, I believe that we have taken decisive steps towards our wider transformation to becoming more productive, efficient, sustainable, and safer sector. By taking these steps we will be in a position to consistently deliver value to our clients. I encourage you to read our status report and our plan and to reflect on how you can engage with our programme to not only embed our recovery, but to accelerate our transformation as well.
Blog from Andy Mitchell CBE, Co-Chair of the Construction Leadership Council
CEO Thames Tideway Tunnel
You can read the Building Winter Resilience – New Guidance from the CLC here
by Iain McIlwee | 7 Oct, 2020 | Main News Feed
The main reminder from the Grenfell Inquiry last week was that Building Control should be used be a safety net, not a fundamental part of the design process. We also learned more about potential communication failings between interior and exterior contractors.
It was frankly heart breaking to hear the testimony of John Hoban, the Building Control Officer for the Grenfell construction works. The catalogue of issues points to clear systemic failings and, whilst the sign off process raises an eyebrow, you have to question how Building Control could ever be resourced to make up for shortfalls in the design process. Too often in construction it has been “we’ve got a certificate, so it is compliant” not that “we engaged the supply chain early, overcame issues and made it easy for Building Control to do their job. The need through the Building Safety Bill to establish clear STOP / GO gateways is very clear.
In other testimony, another problem emerging was an apparent lack of communication between trades leaving siloed and inconsistent decisions around vital interfaces. Externally confusion over horizontal and vertical cavity closers and the role of intumescent seemed to point to a lack of knowledge from experienced fitters. Vital cavity closers were fitted the wrong way round, horizontal closers where vertical should be and poor workmanship were all cited and contributed to the situation where intumescent strips could not provide the necessary protection. A point made was that the speed at which these would have been covered up and a lack of allowance in the programme for adequate inspection made detailed inspection impossible.
The lack of joined up approach between external works was clear when Mark Dixon of SD Plastering took the stand. SD Plastering were contracted to install the window trim inside the tower. The package was under pressure to remove cost, material was switched from wood to PVC seemingly without consideration for the differening performances. Insulation Board was again added, in part to provide support related to the movement of the windows. In selecting the material, whilst Rockwool was recommended, the material selected was not of limited combustibility. Mark Dixon confirmed in testimony that he did not consider the fire performance, and assumed that strategy was in place to deal with external issues.
If you are not following the Inquiry, I do recommend setting aside 40 mins each week, to download the podcast from BBC Sounds, it without doubt creates pause for thought about how the culture and established processes in construction must change and context for the introduction of the new Building Safety Bill.
You can listen to the latest Grenfell Podcast on BBC Sounds here
You can access full transcripts and videos of the Inquiry here
Join the FIS / ASFP Debate on the incoming Building Safety Bill on the 8th October here.
by Iain McIlwee | 2 Oct, 2020 | Main News Feed
Health and safety inspectors across Great Britain will be targeting construction firms to check that their health standards are up to scratch during a month-long inspection initiative, starting on Monday 5 October 2020.
This is the fourth health-focused initiative of its kind. As in previous years, inspections will focus on respiratory risks and occupational lung disease; looking at the measures businesses have in place to protect their workers’ lungs from the likes of asbestos, silica and wood dust. This is part of HSE’s longer term health and work strategy to improve health within the construction industry.
While the primary focus will be on health during this programme of inspections, if a HSE inspector identifies any other areas of concern, they will take the necessary enforcement action to deal with them. This will include making sure that businesses are doing all they can to protect their workers from the risk of coronavirus and make workplaces COVID-secure.
Inspectors will also be looking for evidence of employers and workers knowing the risks, planning their work and using the right controls. If necessary, they will use enforcement to make sure people are protected.
The construction initiative will be supported by HSE’s ‘Dustbuster’ campaign, aimed to influence employer behaviour by encouraging builders to download free guidance and advice, increasing knowledge and capability to protect workers’ health.
More than 3,500 builders die each year from cancers related to their work, with thousands more cases of ill-health and working days lost.
HSE’s chief inspector of construction, Sarah Jardine, said: “Around 100 times as many workers die from diseases caused or made worse by their work than are actually killed in construction accidents.
“Our inspection initiatives ensure that inspectors are able to speak to dutyholders and visit sites to look at the kind of action businesses in the construction industry are taking right now to protect their workers’ health, particularly when it comes to exposure to dust and damage to lungs.
“There are a few simple things that everyone can do to make sure they are protecting their health and their future. Be aware of the risks associated with activities you do every day, recognise the dangers of hazardous dust and consider how it can affect your health. We want businesses and their workers to think of the job from start to finish and avoid creating dust by working in different ways to keep dust down and wear the right mask and clothing.”
For more information click here
by Iain McIlwee | 2 Oct, 2020 | Labour, Main News Feed
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.
by Iain McIlwee | 2 Oct, 2020 | Main News Feed
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.
by Iain McIlwee | 25 Sep, 2020 | Main News Feed
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
by Iain McIlwee | 24 Sep, 2020 | Main News Feed
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
by Iain McIlwee | 22 Sep, 2020 | Main News Feed
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.
by Iain McIlwee | 18 Sep, 2020 | Insurance, Main News Feed
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.
by Iain McIlwee | 10 Sep, 2020 | Main News Feed
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
by Iain McIlwee | 4 Sep, 2020 | Main News Feed, Transformation
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:
- Pipeline & Commercials
- Skills & Workforce
- Transformation
- Supply Chain Resilience & Capability
- 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
by Iain McIlwee | 3 Sep, 2020 | Main News Feed
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.
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