by Clair Mooney | 19 Mar, 2021 | Main News Feed
HSE inspection indicate how industry has stepped up
BuildUK reported to the House of Commons Work and Pensions Committee this week, within the report was the update that the HSE which has visited 4,300 construction sites, with 10% being sent written correspondence and just 2% being served with an Improvement Notice.
As lockdown starts to ease over the coming weeks it is vital now that industry continues to monitor and manage sites effectively.
You can visit the FIS COVID-19 H&S Toolbox for all up to date information here.
An update on lockdown easing across the UK
The Scottish Government has confirmed that the current ‘Stay at Home’ order will be updated to ‘Stay Local’ from Friday 2 April and this will be in place for at least three weeks. From Monday 5 April, additional students (including those on engineering and construction courses) will be allowed to resume face‐to‐face learning at colleges, and those at greatest risk of not completing their courses will be prioritised. From Monday 26 April, all restrictions on travel within Scotland will be lifted and non‐essential work will be permitted to resume inside other people’s homes.
In England, the ‘Stay at Home’ order will be updated to ‘Stay Local’ from Monday 29 March with outdoor gatherings of either six people or two households permitted. Wales has already moved to ‘Stay Local’ restrictions and these will be lifted from Saturday 27 March. In Northern Ireland, the ‘Stay at Home’ provision will be removed from legislation on Monday 12 April.
Latest lockdown rules in Scotland
Latest Lockdown rules in England
Latest Lockdown rules in Wales
Latest Lockdown rules in Northern Ireland
Vital updates on workplace testing
You will hopefully have seen the news that all businesses can now apply to and benefit from free workplace testing (so long as you apply to join the scheme before 31st March).
One area that has reared its head in recent discussions is the need to review policy for individuals who have had the illness. Anyone who has previously received a positive COVID-19 PCR test result should not be re-tested within 90 days of that test, that is unless they develop any new symptoms of COVID-19. It is important to consider how this is managed, but there is a danger of false positives.
Finally on testing, questions have arisen around whether site admission can be refused if an individual refuses to test. Here we should look to the Health and Safety at Work Act, whilst you can’t force someone to test, your consideration is whether you are acting to protect your workforce and in so doing need to refuse admission to site.
More on testing here
by Iain McIlwee | 18 Mar, 2021 | Main News Feed
In an unprecedented show of co-operation, commitment and collaboration, the construction industry in Scotland has come together to issue its first-ever manifesto detailing the crucial steps which need to be taken to secure a viable and sustainable future for the sector.
Acting through the CICV Forum, a comprehensive range of trade associations, professional bodies, companies and individuals have signed up to the manifesto’s proposals.
First among the proposals, published in the run-up to the Scottish Government elections in May, is a plea for a dedicated Government Minister for the construction industry, which would recognise its importance both to the recovery and to a net zero-carbon future.
As well as a Minister for Construction, the manifesto proposes:
- A Chief Construction Adviser who would support the Minister and focus on delivery aligned with whole asset performance
- The development of an effective public sector maintenance and improvement programme
- The establishment of a VAT reimbursement fund for home repair and maintenance with a role for the Scottish National Infrastructure Bank
- Investment in affordable homes
- Development of the skills arena
- The introduction of a cycle network within the infrastructure investment plan
- The encouragement of conflict avoidance.
The Forum points out that 175,000 people, including 10,000 apprentices, work directly in the sector in Scotland – 10% of the total workforce. It also contributes £21.5 billion to the country’s GDP and is a major economic multiplier, generating £2.94 for every £1 spent.
Hew Edgar, Associate Director of Policy at the Chartered Institute of Building (CIOB), and Chair of the Forum’s Future Planning sub-group, said: “This manifesto is a declaration of intent, emerging from the environment of collaboration and co-operation which the CICV Forum has fostered during the COVID-19 pandemic.
“This is the industry speaking with one voice, with an aim to benefit the future health, wealth and wellbeing of the country.”
The manifesto is also designed to support the next government’s plans to meet Scotland’s ambitious targets on net zero, reduced energy use, decarbonisation, climate change, and other principal policy objectives around accessible, sustainable places and inclusive economic growth.
And Mr Edgar added: “In offering these proposed policy initiatives, the CICV Forum and its members demonstrate that they will continue to engage positively with the next Scottish Government, representatives in Holyrood and the wider sector to provide intelligence, best practice and advice.”
Iain McIlwee CEO at FIS responded “It is great to work with colleagues in Scotland through the CICV and present this coherent document to the now Scottish Government and have it ready to continue the debate when the new Government forms in the summer”.
The manifesto is the latest initiative from the CICV Forum, which was established last March to protect and guide the industry through the ravages of the pandemic,
Made up of trade associations, private companies and professional bodies, it has drawn on the collective expertise of its members to maintain a steady supply of information and practical advice to the sector.
- Download the manifesto here.
by Clair Mooney | 17 Mar, 2021 | Main News Feed
Employers with fewer than 250 employees can continue to use the Coronavirus Statutory Sick Pay Rebate Scheme to claim back coronavirus‐related SSP, including for employees who have been advised by letter to shield because they are clinically extremely vulnerable. Claims should be submitted via the online service, and you can make more than one claim per employee, but you cannot claim for more than two weeks in total. There is currently no indication of when the scheme will end.
by Iain McIlwee | 12 Mar, 2021 | Main News Feed, Transformation
FIS has joined other leading construction groups in signing the RICS Conflict Avoidance Pledge. Commenting on the signing, FIS CEO, Iain McIlwee stated:
“Signing the pledge underpins our commitment to creating a better environment for our supply chain. It isn’t rocket science, in fact it underpins many of the values we expect of the FIS community and were instilled in me by my Mum! The Pledge is about creating and maintaining good business relationships, and dealing with problems early and amicably and working collaboratively to ensure projects are delivered on time, on budget and without the need to waste huge amounts of money on legal disputes.
The construction industry spends around 1.6% of its total expenditure in the UK on legal services, which compares unfavourably to the UK economy’s median spend of 0.8%. This is because we have created an adversarial environment built on win lose contract negotiations. We have made the contract more important than the project – we have even started calling ourselves contractors rather than constructors! We need to consign this 20th Century thinking to the past as it stands in the way of progress and undermines attempts to drive up quality and reduce waste. The RICS Avoidance Pledge and corresponding Conflict Avoidance Process (CAP) are part of an industry wide commitment to change this and we are eager to support and encourage others in and around our community to do the same”.
Martin Burns, Head of Dispute Resolution Services (DRS), Research & Development at the RICS stated:
“It is great that we have leading trade bodies like FIS supporting the pledge and actively encouraging their members to sign and adhere to the terms laid out. The culture in construction needs to change, but change will openly happen when enough people take that first step to being better and believe that others can and will change too.”
As part of signing, FIS is encouraging all members to sign the Conflict Avoidance Pledge and working with wide industry groups to ensure that the core principles are embedded in future editions of standard construction contracts.
We believe in collaborative working and the use of early intervention techniques throughout the supply chain, to try to resolve differences of opinion before they escalate into disputes.
Wording of the RICS Conflict Avoidance Pledge
We recognise the importance of embedding conflict avoidance mechanisms into projects with the aim of identifying, controlling and managing potential conflict, whilst preventing the need for formal, adversarial dispute resolution procedures. We commit our resources to embedding these into our projects.
We commit to working proactively to avoid conflict and to facilitate early resolution of potential disputes.
We commit to developing our capability in the early identification of potential disputes and in the use of conflict avoidance measures. We will promote the value of collaborative working to prevent issues developing into disputes.
We commit to work with our industry partners to identify, promote and utilise conflict avoidance mechanisms.
On signing the pledge an organisation will be listed on the Conflict Avoidance Directory as Bronze, Silver or Gold.
Bronze verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge.
Silver verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge AND has taken formal steps to incorporate policies to give effect to their commitment to avoiding and effectively managing disputes.
Gold verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge AND has taken formal steps to incorporate policies to give effect to their commitment, conflict avoidance and dispute management procedures AND is actively engaging in such policies.
Visit the FIS Contractual and Legal Hub here
by Iain McIlwee | 12 Mar, 2021 | Main News Feed
Following the reopening of schools and colleges on 8 March, the Department for Education (DfE) has confirmed that on‐site training can resume for students of all ages in the following further education (FE) settings if a provider follows the operational guidance:
• Sixth form colleges
• General FE colleges
• Independent Training Providers (ITPs) ‐ defined as organisations that receive Education and Skills Funding Agency (ESFA) formula funding for the provision of 16 to 19 education
• Designated institutions
• Adult and Community Learning Providers (ACLPs)
• Special post‐16 institutions.
The National Construction Colleges in Bircham Newton (East) and Erith (South) are gradually reopening, with their apprentices due to return from 22 March. All FE providers should continue to follow pre‐COVID‐19 guidance for adult students and “judge the right balance between on‐site and remote delivery in order to provide high quality education and training”.
Apprenticeship providers should also read the current apprenticeships guidance, which confirms that FE apprentices may now return to training and assessment in educational settings, in addition to the training and assessment that is currently permitted in the workplace where the apprentice cannot work from home and the workplace is COVID‐19 secure.
There has not been any further guidance issued about resuming face‐to‐face training in the workplace. Companies will need to determine if any training required can be undertaken remotely or is essential at this time, as they may be required to explain how they are complying with the current ‘stay at home’ restrictions.
by Iain McIlwee | 9 Mar, 2021 | Main News Feed
During the COVID-19 pandemic, businesses have been encouraged to follow government guidance and ensure workplaces are COVID-19 secure. As the regulator, the Health & Safety Executive (HSE) is tasked with enforcing these measures and has been visiting workplaces to confirm that they are in place. Your premises may therefore be visited by contractors working on behalf of the HSE.
These contractors will have appropriate ID and authorisation letters that empower them to undertake visits and spot checks. They should ask for someone in authority on site and will then ask questions from the list below. This latest piece of guidance from the CICV (supported by FIS) is a handy checklist of questions to help businesses prepare for spot checks and health and safety inspections.
You can download the checklist here
