A quick round-up of what the new COVID Guidelines mean to you

by Iain McIlwee | Jan 11, 2022 | Main News Feed

Updated 11 January 2022 – changes to testing requirements – new flowchart issued by BuildUK.

The UK faces a new COVID challenge at the start of 2022 with evidence pointing to a highly transmissible, but thankfully less severe strain. With the highest level of cases the UK remains on a high state of alert with tactics being adopted across the the devolved nations focussed on stemming transmission, protecting the NHS and encouraging individuals to get booster jabs. Below is a quick summary of what the latest announcements mean for you:

In England

The key change for businesses related to the shift to Plan B is that the Government’s Working safely during coronavirus (COVID-19) have been updated to reflect that those who can, should work from home. If an individual cannot work from home then they should continue to go into work, and hence construction, retail and manufacturing sites should continue to operate. Maintaining a safe workplace is critical and members should continue to minimise the risk of transmission. The Site Operating Procedures remain available as a reference document and will be reviewed and updated if necessary (they have not been changed at this time).

The rules have changed regarding the required self-isolation period after testing positive for COVID-19 and Build UK has updated the COVID-19 flowchart to reflect the current position and you can find the latest version here (11.1.22).

In England, Wales and Northern Ireland an individual may test to release after 7 days, in Scotland 10 days remains the rule. The NHS rules on when to start counting and testing are summarised below.

Day 0	Symptoms begin or test taken
Day 1	Begin counting self-isolation days
Day 2	Isolate
Day 3	Isolate
Day 4	Isolate
Day 5	Isolate
Day 6	Begin home testing – Continue to Isolate
Day 7	Self-isolation can end with two negative testes taken at least a day apart
Day 8	Self-isolation can end with two negative testes taken at least a day apart
Day 9	Self-isolation can end with two negative testes taken at least a day apart
Day 10	Isolation ends – no test required

The caveat on returning to work on day 7 is if you still have a temperature you should remain in isolation for 10 days regardless of the lateral flow test results. In Wales and Northern Ireland the release at 7 days is dependent on your vaccination status.

The other big change in guidance relates to Face Coverings. The CLC guidance on The Use of Face Coverings in Construction has been updated to reflect changes in the guidance. Where workers on site are not required to wear RPE, face coverings should be worn if their workplace is crowded and enclosed (which may include welfare and changing facilities, site offices, site meeting rooms or site transport) and if they come into contact with others they do not normally meet (Mask fo Task – Cover for Covid signposting available here).

The Government has confirmed that the data will be kept under ‘constant review’ and following the regulations being implemented on 15 December, they are set to be reviewed after three weeks on Wednesday 5 January and expire after six weeks on Wednesday 26 January.

In Scotland

In Scotland individuals are again recommended to work from home where possible and guidance on use of face covering has been updated to enforce use on public transport and in most indoor places, including hospitality and whilst working in other people’s homes. On 17 December 2021, regulations were introduced to help combat transmission of the Omicron variant.

state that a person who is responsible for a place of worship, carrying on a business or providing a service must:

have regard to this guidance about measures to minimise risk of exposure to coronavirus; and
take such of these measures as are reasonably practicable to minimise the incidence and spread of coronavirus on the premises, for example measures which limit close face-to-face interaction, such as supporting working from home, making adjustments to the premises and putting in place protective measures such as signage, screens and other mitigations

New guidance also places clear emphasis on the need for vaccination/boosters and testing – see for example the section on working in other people’s homes, where the advice is for both the workers and householders to undertake an LFT.

People are being encouraged to take a lateral flow test before mixing with people from other households. The Scottish Government have recommended people think carefully about unnecessary contact with other people, especially in crowded places – suggesting it would be sensible to postpone work Christmas parties.

A reminder that the CICV Forum videos on wearing masks and working safely are available to use on your own social media channels and website. Click on the link to download them and help spread the health and safety message across the industry: https://we.tl/t-KOCJI7XDnD

CICV in Scotland has produced excellent guidance to cover site operating procedures in Scotland, this was updated on 24th November and whilst is under review, no immediate reaction has been recommended to deal with latest advice.

Isolation rules state that anyone contracting COVID is required to isolate for 10 days. If you are a close contact who lives with someone who has tested positive you should isolate for 10 days even if:

you have had a negative PCR result
you’re fully vaccinated – this means you’ve received 2 doses of an approved vaccine and have had your second dose more than 14 days ago
you have tested positive for coronavirus in the last 90 days
Household contacts you must always complete the 10-day self-isolation. This includes those under 18 years old. Some health and social care workers may be exempt.

Business and organisations providing vital public services can apply for an exemption to allow essential workers to volunteer to leave self-isolation and return to work, in certain limited circumstance, to allow vital services to continue. You must be able to demonstrate that staff shortages are in danger of putting essential functions and services at risk. You can end self-isolation if all of the following apply:

you’re fully vaccinated – this means you’ve received 2 doses of an approved vaccine and have had your second dose more than 14 days ago
you receive a negative PCR test result
you do not have, or develop, symptoms
If you’re a close contact (non-household) and you’ve tested positive for coronavirus in the last 90 days, you do not have to self-isolate or book a test if you’re fully vaccinated unless you develop new symptoms.

More on how to apply for an exemption here.

In Wales

Advice is consistent with England and the advice is that individuals should work from home wherever it is possible; and people must wear a face covering on public transport and in most indoor places, except hospitality.

The CLC guidance on The Use of Face Coverings in Construction and Site Operating Procedures stand.

In terms of self isolation in Wales, this is dependent on vaccination status. Anyone who is a close contact of a suspected Omicron case will be asked to isolate for ten days and take a PCR test on day two and day eight, regardless of their vaccination status or age.

In other cases, if in close contact and you are aged 18 and over, and not fully vaccinated, you must self-isolate from the day you were last in contact with the person who tested positive for COVID-19 and for the next 10 days. You should also take a PCR test on day 2 and day 8. It is important that you take the tests even if you feel well as you may have COVID-19 even if you do not have symptoms.

If you are a fully vaccinated adult, or a young person aged between 5 and 17, and you have not been identified as a close contact of a suspected or confirmed Omicron case, self-isolation and testing requirements will depend on whether someone in your household has symptoms or has tested positive. If you live or spend a significant amount of time in the same household as someone who has symptoms you should self-isolate and take a test as quickly as possible. If your test is negative you can stop isolating but you should remain vigilant for new symptoms. You should try to avoid contact with vulnerable family and friends in the short-term (for example elderly relatives or those who are higher risk of severe COVID-19 infection).

If the Omicron variant is suspected, you must isolate until it has been confirmed that the person who has tested positive does not have an Omicron variant. Once that happens Test, Trace, Protect service will contact you and advise on what to do next. This may mean you can leave self-isolation but it will depend on your age, vaccination status and nature of the contact.

In Northern Ireland

Individuals should work from home where possible and employers that require staff to come into the workplace must complete a mandatory risk assessment; and people must wear a face covering on public transport and in most indoor places, including hospitality.

The CLC guidance on The Use of Face Coverings in Construction and Site Operating Procedures (as guidance) remain relevant.

Anyone who is a close contact of a suspected Omicron case will be asked to isolate for ten days and take a PCR test on day two and day eight, regardless of their vaccination status or age.

If you have symptoms of coronavirus (COVID-19), however mild, you should begin self-isolating and book a PCR test. These are widely available and are free.

Coronavirus (COVID-19): testing

You should continue to isolate until the result of the test is available. If the PCR result is positive you should continue to self-isolate for 10 full days after the symptoms started.

Unvaccinated adults are required to isolate for 10 days, regardless of variant. If you are fully vaccinated (more than 14 days since you received the second dose of an approved COVID-19 vaccine) or you have taken part in an approved COVID-19 vaccine trial and the contact does not relate to the Omnicron variant, you do not need to self-isolate for 10 days if someone you have been in close contact with tests positive for COVID-19. You should book a PCR test on day two and day eight of the 10-day period following last contact with the positive person. You should also take a daily lateral flow test (LFT), starting as soon as possible after being identified as a close contact for the 10-day period.

More detail on Self-Isolation Rules in Northern Ireland here.

Summary of useful information

Government Guidance

Stark Warning in Government Response to FIS on Building Safety Blame

by Iain McIlwee | Dec 27, 2021 | Building Safety Act, Main News Feed

Government has made it clear that it is lining up changes to the Defective Premises Act and Section 38 of the Building Act 1984 to ensure the construction sector is “held to account for building safety issues”. In a letter to FIS, the Department for Levelling Up, Housing and Communities have spelled out that Legislative changes are being designed to “extend legal rights to redress for shoddy workmanship” and facilitate “civil action to be brought regarding breaches of building regulations which have resulted in injury or damage to property”, holding “those responsible for defective construction work can be held to account for their failures.”

This clear warning was issued in a response to an FIS letter sent in early November to Secretary of State, Michael Gove suggesting a new approach to the Building Safety Fund is required. FIS has isolated issues with the Building Safety Fund since its inception and repeatedly spoken out on concerns related to the retrospective elements of changes to the Defective Premises Act. The Act is being extended to cover refurbishment works and to alter the limitation period under section 1 of the Defective Premises Act 1972 from six to fifteen years regardless of contracts and warranties – this change will be imposed retrospectively from the moment the Act is passed (expected to be in the Spring or Summer 2022).

In the letter to Mr Gove, FIS recommended drawing parallels with the Pension Protection Fund, an intervention designed to protect individuals in defined pension schemes from company insolvencies. FIS suggests that this approach could be replicated by raising a levy on costs like Insurance Premium Tax. and would help to prioritise building work over litigation. It could also facilitate a mechanism to extend the focus of the Fund beyond cladding, supporting a holistic acceleration in improvement in much needed building safety work. As with the Pension Protection Fund, a centrally co-ordinated approach could also provide an efficient mechanism to deal with isolating culpability retrospectively and in a more consistent and measured way. FIS expresses concern that the current policy direction is likely to see litigation put in front of action, companies wound up in administration and life critical interventions delayed and the question of who pays unresolved.

Reflecting on the Government response to the FIS letter CEO, Iain McIlwee stated: “I believe the direction of travel set down in this letter is a real concern to the construction sector and remain convinced that the answer to safer buildings is not the punitive, backward looking approach described.

The Defective Premises Act applied retrospectively in this way is more about winning the blame game than solving problems. To be clear no-one is advocating that leaseholders should be footing the bill or that, in clear cases of negligence or deliberate attempts to disguise information, companies and individuals should not be held to account.

But we can’t allow history to be re-written and a better Building Safety Fund would give the opportunity to draw a line under the past, whilst at the same time recognising that, from regulation, through guidance, enforcement, design, construction and the asset management and maintenance of buildings there has been a systemic failing in the process required to build and maintain safe buildings.

My concern is that, beyond the gaps and opaque advice around regulatory compliance, unhealthy procurement practices, value engineering and accelerated programmes, failings have been underpinned by inappropriate risk exchange in heavily amended standard and ultimately unfair contracts. Contracts have been written to drop a disproportionate amount of financial, time and quality risk into the smallest parts of the supply chain, those least able to resist and manage it. In the interventions described in this letter I don’t see a rapid and effective solution or those morally who should shouldering the blame being held to account. All I can see is a process that squeezes far more blame than is fair or proportionate onto small and medium sized contractors, manipulated by a failed process, never set up to succeed and now to take the fall.”

A fully copy of the letter follows:

Dear Mr McIlwee,

Thank you for your email dated 9 November to the Rt Hon Michael Gove MP regarding cladding remediation and leaseholder liability. I am responding as an official in the team responsible for building safety.

Thank you for your suggestions. The Government has been clear that building owners and industry should make buildings safe without passing on costs to leaseholders. Where they have not stepped up, the Government has intervened by providing grant funding for the removal of unsafe cladding on all buildings of 18 metres and above in height. The total amount of this grant funding scheme represents a globally unprecedented investment of over £5 billion in building safety which will protect hundreds of thousands of leaseholders from the cost of replacing unsafe cladding on their homes.

However, Government funding does not absolve building owners of their responsibility to ensure their buildings are safe, and they should consider all routes to meet costs, protecting leaseholders where they can – for example, through warranties and recovering costs from contractors for incorrect or poor work.

It is also fundamental that the industry that caused this legacy of unsafe buildings contributes to setting things right. At Autumn Budget 2021 the Government released details of the Residential Property Developer Tax, which will apply a new 4% tax to the largest residential property developers on the profits they make on UK residential property developments. Details of this can be found here

The Government is also introducing a levy on major developers which we expect to be introduced at the Gateway 2 stage of the new Building Safety Regime. On 21 July the Government launched a consultation seeking views on the design of the developer levy, including how it will be calculated. The decision on the levy calculation and rate will be informed by the evidence received from this consultation, and balancing revenue raised with potential impacts on housing supply. The consultation has now closed, and the Government is considering responses. The consultation can be accessed on gov.uk here.

The Government’s approach prioritises action on buildings 18 metres and above because the risk to multiple households is greater when fire spreads in buildings of this height. For buildings lower than 18 metres, advice from independent experts, published on 21 July on gov.uk, is clear that there is no evidence of systemic risk of fire in blocks of flats.

The principle that those responsible for creating building safety defects should pay to put them right has always been the Government’s position. That is why we are taking action through the Building Safety Bill to extend legal rights to redress for shoddy workmanship by retrospectively extending the limitation period under section 1 of the Defective Premises Act 1972 from six to fifteen years.

These changes will enhance the ability of building owners, homeowners and leaseholders to seek compensation from those responsible for defective work. Going forward, we are also expanding the Defective Premises Act to include refurbishment works, and we will be commencing section 38 of the Building Act 1984, allowing civil action to be brought regarding breaches of building regulations which have resulted in injury or damage to property. These measures will ensure that those responsible for defective construction work can be held to account for their failures.

We are also introducing the Residential Property Developers Tax and the Building Safety Levy to make sure that the industry which created these problems pays its share towards resolving them. In addition, we are actively encouraging developers to step up and make direct contributions towards historic defects in buildings for which they are responsible.

Thank you again for your correspondence and I hope that you find this response helpful.

Yours sincerely,
Building Safety Programme
Correspondence Team
Department for Levelling Up, Housing and Communities

A recent SpecFinish Article highlights how the Defective Premises Act may impact the sector

You can find out more about FIS Campaigns and Lobbying work here

Government introduces temporary change to fit notes

by Clair Mooney | Dec 21, 2021 | Main News Feed

The government has introduced temporary changes to the rules on the requirement for employees to provide proof of sickness to try to reduce the workload of GP’s as they focus on the booster vaccination programme.

Where an employee goes off sick on or after 10 December 2021, employers can only ask employees for proof of sickness (such as a fit note) after 28 days of sickness (including non-working days). Proof of sickness cannot be requested earlier than 28 days. The temporary change will apply to absences which begin on any day up to and including 26 January 2022 but the usual 7 day rule will apply to absences which start from 27 January onwards.

This change applies to England, Scotland and Wales.

For the latest guidance for employers on COVID-19 click here

FIS Employment & Workforce Management Toolkit

FIS members can access a range of services to support them in managing people in their workforce. Some useful resources are provided below, but members can also access our dedicated Employment Law Helpline via 0121 707 0077.

Find out more

Regulation Update: All new buildings to produce nearly a third less carbon

by Iain McIlwee | Dec 17, 2021 | Main News Feed

New buildings in England will have to produce significantly less CO2 under new rules announced by the government to help the country move towards net zero.

Under the new regulations, CO2 emissions from new build homes must be around 30% lower than current standards and emissions from other new buildings, including offices and shops, must be reduced by 27%.

Heating and powering buildings currently makes up 40% of the UK’s total energy use.

Installing low carbon technology, such as solar panels and heat pumps, and using materials in a more energy efficient way to keep in heat will help cut emissions – lowering the cost of energy bills for families and helping deliver the UK’s climate change ambitions.

All new residential buildings, including homes, care homes, student accommodation and children’s homes, must also be designed to reduce overheating, making sure they are fit for the future and protect the most vulnerable people. Improvements to ventilation will also be introduced to support the safety of residents in newly-built homes and to prevent the spread of airborne viruses in new non-residential buildings.

The changes announced today to the government’s Building Regulations, which set the standards in England for the design, construction and alteration of buildings, follow a public consultation and will come into effect from June 2022.

They will raise standards and are an important step towards a cleaner greener built environment, paving the way for the Future Homes and Buildings Standard in 2025, which will mean all future homes are net zero ready and will not need retrofitting.

Housing Minister Eddie Hughes said:

Climate change is the greatest threat we face and we must act to protect our precious planet for future generations.

The government is doing everything it can to deliver net zero and slashing CO2 emissions from homes and buildings is vital to achieving this commitment.

The changes will significantly improve the energy efficiency of the buildings where we live, work and spend our free time and are an important step on our country’s journey towards a cleaner, greener built environment.

The new regulations come alongside £6.6 billion of direct investment into improving the energy efficiency of buildings during this Parliament. The Social Housing Decarbonisation Fund, Local Authority Delivery scheme and Home Upgrade Grant scheme make grants available to low-income households for insulation, solar panels, heat pumps and other efficiency and decarbonisation measures.

Last week, a further £400 million of funding was announced for more than 200 local authority areas as part of a new Sustainable Warmth Competition.

Commenting on the changes, FIS CEO Iain McIlwee stated:

“This is more evidence of the intent of this Government to ensure Net Zero is at the heart of policy making and we are seeing similar in Wales, Scotland and Northern Ireland. We have seen the headlines before, but this time they are being backed by cold, hard regulation. To meet the challenges and opportunities this creates we have, in 2022 appointed a Sustainability Champion and have an engaged and active Sustainability Leadership Group. We will work to keep our members abreast of technology through our magazine SpecFinish and will be running bi-monthly meetings of our sustainability working group next year. You can keep up-to-date on the sustainability hub on the FIS website.”

Further information

Alongside amendments to the Building Regulations, we have published 5 new Approved Documents:

There will be a 6 month period before the new regulations come into force on 15 June 2022. Transitional arrangements are in place which mean that if a building notice, initial notice, or full plans for building work are submitted to a local authority before 15 June 2022, then provided the building work commences by 15 June 2023, work on that individual building is permitted to continue under the previous standards.

As well as setting out measures for the 2021 uplift to the Building Regulations, the government response to the Future Buildings Standard consultation also sets out plans for the implementation of the Future Buildings Standard from 2025. This includes plans to start a full technical consultation on the FBS in 2025.

You can find more information on sustainability and net zero in the finishes and interiors sector via the FIS Sustainability Hub

FIS responds to HSE issues warnings ahead of Building Safety Bill

by Iain McIlwee | Dec 15, 2021 | Building Safety Act, Main News Feed, Technical

As part of work underway to establish a new Building Safety Regulator and reform the building safety system, HSE is urging those who design high-rise buildings to act now to prepare for the changes coming when the Building Safety Bill becomes law.

The Building Safety Bill, currently making its way through Parliament, aims to implement all of the recommendations set out in Dame Judith Hackitt’s “Building a Safer Future” report, and in places goes further. The reforms include a more stringent approach to the design and construction of high-rise buildings, clearer responsibilities on designers to ensure these buildings are safe, and new measures so that everyone doing design or building work is competent to carry out that work in line with building regulations.

People working on the design of a high-rise building, from the development of a planning application through to building regulations approval will need to understand the building’s intended use, correctly identify the risks, and own and manage those risks to determine the safety of a building.

There will be a requirement to record and provide evidence of decision-making during the design process, and a need to be engaged throughout a building project to handover to the end client. Prepare now for these changes.

Peter Baker, Chief Inspector of Buildings at the Health and Safety Executive, said:

“Designers have a strong influence on safety and standards, particularly during the very early planning and design stages of a building project. Their decisions not only affect the safety of those carrying out the building work, but also those maintaining, using, or living in a building after it is built.

“I encourage designers to act now and prepare for the more stringent regulatory regime. HSE will continue to work with the building design industry and related businesses to support them to deliver safe and high-performing buildings and ensure that residents of high-rise buildings are safe, and feel safe, in their homes now and in the future.”

Colin Blatchford, Operational Policy Lead for Gateways and Building Control at HSE, said:

“Everyone involved in the design of high-rise buildings must take a proactive approach to managing building safety from the earliest stages of the design process. These changes are coming. Those involved need to plan ahead through correctly identifying, taking ownership and managing the risks – ensuring key decisions are recorded throughout the process.

“Once the Building Safety Bill becomes law, there will be a requirement for a safety case report when a building is completed and occupied. It is important to consider this at the early design stage for your clients and future residents’ safety.

“Building safety changes are coming and will affect everyone involved in a high-rise building project beyond its design. We urge that you act now.”

Responding to this statement, FIS CEO Iain McIlwee said:

“The Building Safety Bill offers a huge lever for change, but it needs to start with a recognition that design is detailed through the construction process and for the detailing to be effective we need the specialist contractors and manufacturers involved (and contracted) at a far earlier stage. Even with tighter regs, we will still see problems being resolved on the fly in difficult circumstances and under severe time pressure on site rather than designed out of the process at an earlier stage. This has to be about changing not just the way we design and build, but vitally how we procure the services, respect specialist knowledge and collaborate far more effectively through the project.”

You can find out more about the implementation of the Building Safety Bill here

Should I have a COVID Vaccination Policy?

by Iain McIlwee | Dec 14, 2021 | Main News Feed

FIS has been asked a number of times about whether it is acceptable to either mandate employees to have the vaccination or to ask whether workers, in the face of potential issues with self-isolation, have been vaccinated in order to support their ongoing risk management. This question has taken on particular significance now that across the UK your vaccination status impacts self-isolation rules.

The simple answer is that it is not recommended that an employer attempts to mandate vaccination. Vaccination policies pose risks that either the policy itself is unreasonable or the enforcement of it in relation to a particular employee is unreasonable. If employees have over two years service, imposing this requirement could lead to potential claims for constructive or ordinary unfair dismissal. There is also a risk of potential discrimination claims such as from pregnant and younger employees, objections on the grounds of religion or belief, or serious underlying medical conditions.

Some countries have taken a far harder line e.g. Germany are making vaccination mandatory, Denmark and Italy have gone down the requirement for corona work passes and Austria have onerous lockdown requirements specific to the unvaccinated. Given the UK government has not advised that vaccination is a necessary requirement to establishing a COVID safe work environment, a compulsory policy would have to be based on a robust risk assessment which has identified that vaccination is a necessary control which cannot be achieved through alternative measures.

Another question asked is whether you can request new applicants for roles are vaccinated. Again this is an area to tread with caution as it could open an employer up to a claim of discrimination on a number of fronts such as disability, pregnancy, religion or belief and age. Any policy along these lines would need to be justifiable and carefully caveated.

You can ask your workforce about vaccination status, but this is also heavily caveated. As with holding any personal information you need to be clear why you are asking and looking to hold the information, what you intend to do with the information and be clear in terms of policy on what would happen if someone did not wish to share that information.

More detailed Guidance on Vaccination employers has been prepared for FIS Members by Citation here

A quick round-up of what the new COVID Guidelines mean to you