The Role of Building Control and Interiors Contractor takes the stand – Grenfell Update

The Role of Building Control and Interiors Contractor takes the stand – Grenfell Update

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.

Competence requirements set out for new role of Building Safety Manager

Competence requirements set out for new role of Building Safety Manager

The competence requirements for the proposed new role of the Building Safety Manager have been set out in a new report Safer people, safer homes: Building Safety Management.
Under new legislation being introduced in the draft Building Safety Bill published in July, those deemed responsible in law for the safety of higher-risk building, such as the landlord, will be required to appoint a Building Safety Manager. In the draft Building Safety Bill, homes that fall in the higher risk category are multi-occupied residential buildings of 18m or above, or six or more storeys in height.

The role of the Building Safety manager will be to look after the day-to-day management of fire and structural safety in higher-risk buildings and establish a clear point of contact for residents for fire and safety related issues.

The concept of the Building Safety Manager role was recommended by Dame Judith Hackitt in Building a Safer Future review of fire safety, in the wake of the Grenfell Fire, published in 2018.

Safer people, safer homes: Building Safety Management is the result of a two-year collaboration between experts from the social housing sector, commercial and residential management, facilities managers, health and safety experts and fire safety experts.

This expert group (Working Group 8) is one of a number of sub-groups within the Competence Steering Group which has brought together 150 organisations from across the built environment and fire sectors to improve competence and change the culture of those who design, construct and manage buildings. A summary of WG8’s work is included in the Competence Steering Group’s final report, Setting the Bar, which is also published at the same time.

Safer people, safer homes: Building Safety Management sets out a comprehensive framework for the new Building Safety Manager role, focusing on the competences and job functions for individuals – so called ‘Named Individual Building Safety Managers’ and how they can sit within a wider organisational structure, the Organisation Building Safety Manager, to ensure sufficient support and resources. The report updates and enhances the work undertaken and reported in WG8’s interim report issued in August 2019.

The skills, knowledge, experience and behaviours outlined in Safer people, safer homes: Building Safety Management will be used by the British Standards Institute to develop a national standard, that Building Safety Managers will be expected to meet.

Anthony Taylor, chairman of Working Group 8, said: “It is fully understood that the immediate concern is to deliver safe homes to those in ‘higher risk residential buildings’, but we have anticipated that the role, model and management systems should be rolled-out across the whole residential property sector during a reasonable, and sustainable, transition period to support the wider culture change needed.”

Graham Watts, Chairman of the Competence Steering Group and chief executive of the Construction Industry Council, said: “This is a ground breaking piece of work that will help raise the standards of people who own and manage residential blocks, and provide assurance for those that live in them.”

Safer people, safer homes: Building Safety Management is also calling for the Building Safety Manager role to retain the wider ‘holistic whole building’ obligations for occupiers’ safety and health, including public health considerations as well as those for fire and structural safety.

The full report also makes recommendations on:

  • The responsibilities and role of the Accountable Person (the term for a landlord or owner responsible in law for the safety of the building)
  • Calls for occupiers to play their part in improve their and their neighbours’ safety, to have access to relevant information and to be provided with clarity on their obligations to relevant stakeholders
  • The need for an extended “Fire Kills” campaign to inform occupiers about potential fire safety risks and how to mitigate them

WG8 Report Safer people, safer homes: Building Safety Management is available here

The Full Report Setting the Bar and accompanying Annexes can be downloaded here.

The Executive Summary is available here

Join the FIS / ASFP Debate on the incoming Building Safety Bill on the 8th October here.

Built environment and fire industries set out blueprint for improving competence and driving culture change

Built environment and fire industries set out blueprint for improving competence and driving culture change

A blueprint to improve competence for those working on higher-risk buildings and drive culture change has been set out by a cross-industry group representing more than 150 organisations (including FIS) in the fire and built environment industries.

Setting the Bar is the second and final report of the Competence Steering Group [CSG] and is an update of its Interim Report, Raising the Bar, published in August 2019. The work was initiated by the recommendations in Dame Judith Hackitt’s review Building a Safer Future.

The proposed overarching system of competence set out in the report is made up of four key elements:

  • a new competence committee sitting within the Building Safety Regulator
  • a national suite of competence standards – including new sector-specific frameworks developed by 12 working groups
  • arrangements for independent assessment and reassessment against the competence standards
  • a mechanism to ensure that those assessing and certifying people against the standards have appropriate levels of oversight.

Since the publication of Setting the Bar, the CSG and its working groups have consulted widely and taken on board feedback as they have continued to develop sector frameworks and overarching competence frameworks. These frameworks will provide the skills, knowledge, experience and behaviours needed to carry out specific roles, and deliver a more rigorous approach to the essential training and assessment that is required.  

CSG Chairman, Graham Watts, Chief Executive of the Construction Industry Council, said: “We would see higher-risk buildings as an essential starting point for the new competence frameworks for the whole of the built environment, which would result in a step change across the sector and change of industry culture.”

The CSG has worked closely with the Ministry of Housing Communities and Local Government and some of the Report’s key recommendations have already been adopted, including the proposal for a Committee on Industry Competence as set out in the draft Building Safety Bill.

The CSG is urging government to make mandatory the assessments against the frameworks for those working on higher-risk buildings, and is calling on government to take the lead by requiring that the competence framework set out within this report [subject to their review against the Overarching Competence Framework Standard currently being developed through BSI] must be met by any company or individual working on any higher-risk building.

Watts said: “There is no time to lose in casting aside the substandard practices that have shamed the industry. In this document we have set a new bar and we would urge all those working in life-critical disciplines to attain these higher levels of competence. Only then can we rebuild the trust of those who occupy and live in the buildings we design, construct and manage.”

FIS CEO, Iain McIlwee responded “This is a huge body of work that FIS and colleagues from across the industry have dedicated a huge amount of time to.  Our efforts have been very much focussed on Working Groups 2 and 12 looking at competency in the supply and installation of products respectively.  For me this report starts to set down what is reasonable and we are focussing our efforts on helping members to implement the changes recommended and get ahead of the regulatory requirements that will follow.  Through our working group we have been focussing on the FIS Competency SAKE framework based on the Skills, Attitude, Competence and Experience and have started to develop frameworks for each of the occupational areas that we represent.  As Graham says, we simply cannot wait.”

Additional to the launch, the competence requirements for the new role of Building Safety Manager have also been completed – which has been a major element of the CSG’s work. Setting the Bar includes a summary of the key points under the Working Group 8 section, but there is a full and separate report published by WG8 alongside this report, Safer people, safer homes: Building Safety Management, reflecting the fact that WG8 is establishing a completely new role and the competence needed.

The Full Report Setting the Bar and accompanying Annexes can be downloaded here.

The Executive Summary is available here.

WG8 Report Safer people, safer homes: Building Safety Management is available here.

Job Retention Bonus

Job Retention Bonus

The JRB was announced as part of the Chancellor’s Plan for Jobs. The JRB allows employers to claim a one-off payment of £1,000 for every eligible employee they have furloughed and claimed for through the Coronavirus Job Retention Scheme (CJRS) and kept continuously employed until at least 31 January 2021. Employers do not have to pay this money to their employee.

The guidance published today further sets out details of employees who can be claimed for and specific cases such as employees who have been transferred under TUPE and claiming for individuals who are not employees.

The guidance also sets the timeline for when the bonus can be claimed. Employers will be able to claim the bonus from 15 February until 31 March, after they submit PAYE information for the period to 5 February 2021.

Finally, the guidance sets out some technical examples regarding how the minimum income threshold criteria works in practice when determining eligibility for the JRB.

For more information, the full guidance can be found at https://www.gov.uk/guidance/check-if-you-can-claim-the-job-retention-bonus-from-15-february-2021

Coronavirus Job Retention Scheme

Updated CJRS guidance details how the scheme closes on 31 October and employers will need to make final claims on or before 30 November. They will not be able to submit or add to any claims after this date.

For more information, the full updated guidance can be found at https://www.gov.uk/guidance/claim-for-wages-through-the-coronavirus-job-retention-scheme

Health and Safety Executive cracks down on dust

Health and Safety Executive cracks down on dust

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

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.