by Iain McIlwee | Dec 9, 2021 | Main News Feed
On the evening of the 8th December, the Prime Minister announced that England is moving to Plan B in terms of COVID response due to the spread of the new Omicron variant of the virus and potential risk of overwhelming the NHS whilst jabs and boosters roll-out continues.
He confirmed that the following additional restrictions will be introduced over the next week:
- From Friday, the legal requirement to wear a face covering will be extended to most public indoor venues, although it will not include hospitality settings
- From Monday, the guidance to work from home where it is possible to do so will be reintroduced
- Daily tests will be introduced for close contacts, rather than a requirement to self‐isolate, to minimise disruption.
From a construction industry perspective the situation is pretty much consistent across the UK, with any significant variance impacting private and social interactions.
Construction sites are urged to continue to minimise the risk of spreading the virus to keep the workforce safe and sites operational. Guidance on the
Use of Face Coverings in Construction has been updated. The CLC
Site Operating Procedures remain under review (any changes we’ll let you know) and should be used as a recommendation. The
Build UK COVID‐19 flowchart is again being reviewed and we will confirm and publish any updated versions shortly.
We should note that apart from the legal requirements on face coverings in public spaces and access requirements for hospitality settings, the big areas of change are guidance and recommendatrion – whilst there is no legal requirement to comply, this does not protect an employer from potential of civil claims if guidance is disregarded and adequate precautions are not taken.
by Clair Mooney | Dec 8, 2021 | Main News Feed
The Construction Industry Joint Council (CIJC) has published the Holiday Entitlement for 2022. The briefing gives guidance on the programme of Public/Bank holidays and annual holidays, that apply under the CIJC Working Rule Agreement in England, Wales and Scotland until the New Year 2023.
There will be an additional paid bank holiday on 3 June to commemorate the Queen’s Platinum Jubilee. You can download the guidance here.
by Clair Mooney | Dec 8, 2021 | Main News Feed
The Construction Leadership Council (CLC) has updated its information on face coverings following the manadotory use of them in areas of retail open to the public and on public transport, in taxis and private hire vehicles.
The guidance covers the use of face coverings on construction sites in response to coronavirus to help provide a consistent approach across the industry. It is based on Government guidance in England and other restrictions and advice may apply in Scotland, Wales and Northern Ireland.
Face coverings should also be worn in other crowded and enclosed indoor places where people come into contact with others they don’t normally meet. As part of their risk assessment, employers should consider whether to ask workers to wear a face covering. Workers may also choose to wear a face covering where it is not legally required and should be supported to do so.
The use of face coverings and/or PPE is not required in response to coronavirus whilst carrying out construction activities.
by Clair Mooney | Dec 2, 2021 | Main News Feed
The Prompt Payment Code has confirmed that compliance with the new requirement to pay 95% of invoices from businesses with fewer than 50 employees within 30 days is being enforced from a signatory’s next full reporting period. For companies with a financial year ending 31 December, this will be January 2022. The Code is encouraging signatories that are required to report under the Duty to Report regulations to include the information as part of their biannual report using the narrative box within the Payment Terms section.
Companies that specify the Common Assessment Standard can use it to identify their suppliers with fewer than 50 employees through Question 10 which asks ‘Are you a Micro, a Small or a Medium‐Sized Enterprise?’ Any suppliers that state they are ‘Micro’ or ‘Small’ have fewer than 50 employees in accordance with the EC definitions used within the standard.
by Clair Mooney | Nov 30, 2021 | Main News Feed
The Government has introduced a number of temporary COVID‐19 measures from 30 November in response to the emergence of the Omicron variant in the UK:
- Close contacts of suspected Omicron cases will be contacted by NHS Test and Trace and legally required to self‐isolate for 10 days, regardless of their vaccination status or age
- Face coverings must be worn on public transport and in shops
- Everyone entering the UK from abroad must take a PCR test within 48 hours and self‐isolate until they receive a negative result.
FIS Chief Executive Iain McIlwee said:
New restrictions do not have significant impact on what we legally have to do in the workplace, but are a reminder to be careful and to consider reinforcing the use of facemasks and ensuring that regular testing is taking place. Beyond the safety of people, which must always be at the forefront of a business leaders mind, this is about protecting our businesses in a time of severe skilled worker shortages.
The changes were discussed at the latest industry call with Construction Minister Lee Rowley this week, and construction sites are urged to continue to minimise the risk of spreading the virus. The Site Operating Procedures remain available as a reference document and the Build UK COVID‐19 flowchart has been updated in line with the new rules. The CLC is currently reviewing its guidance on the Use of Face Coverings in Construction following publication of the detailed Government guidance yesterday.
The Government has confirmed that the measures will be reviewed in three weeks’ time and we will keep the guidance updated.
CICV Forum has revised its free good practice guide for construction professionals, containing advice on self-isolation.
It doesn’t hurt to revisit signage to remind people on site FIS, with the help of CICV has produced a Mask for Task, Cover for Covid poster.
Vaccination guidance
The Government has announced that everyone who is currently eligible for the COVID‐19 booster vaccine can now book from three months after their second dose and all adults aged 18 and over will be offered a booster by the end of January. Whilst the majority of the UK population is vaccinated, there are a number of issues that employers need to be aware of and FIS Associate Member Citation has updated its practical guidance on developing and implementing a vaccination policy for staff, which covers whether a policy is required, recording vaccination status, and making it mandatory for staff to be vaccinated.
by Iain McIlwee | Nov 25, 2021 | Main News Feed
New guidance issued by the Department of Business Energy and Industrial Strategy means manufacturers and distributers can breath a bit of a sigh of release, but problems and a lack of clarity still prevail. New tighter guidance issued in November clearly states:
“An individual, fully manufactured good is placed on the market when it is first made available for distribution, consumption or use on the GB market (England, Scotland, and Wales) in the course of a commercial activity, whether in return for payment or free of charge. This requires an offer or agreement for the transfer of ownership, possession, or any other property right of an individual good, after the stage of manufacture is complete.”
The specific reference to distribution settles the ambiguity in this area created by previous advice, but there remain some areas of confusion, which individual businesses are asked to identify and refer to their trade body to discuss how legal opinion can be derived, this clarification is welcomed by FIS. The guidance goes on to cover other aspects of UKCA implementation guidance.
It has been confirmed through the Construction Leadership Council (CLC) Regulatory Alignment Working Group at a meeting attended by representatives of FIS this week, that the Department for Levelling Up, Housing and Communities’ (responsible for the regulation of construction products) is content that this guidance is consistent for construction products.
The guidance can be read in full here: UKCA Implementation Guidance (November 2021).
To support the publication of this guidance, BEIS are running a number of webinars to support the sector.
The CLC working group remains concerned about the following areas:
- Impending date for CA mark CE Mark transition to end versus state of readiness within the sector
- Can current UK Approved bodies and testing houses cope with all their retesting and certification work needed to implement the CA Mark
- When can historical data be used and when cannot it be used
- Potentially limiting and confusion in protocols for sub-contracting testing
- How are change can be implemented in existing long term contracts
- The definition of batches when it comes to transition dates
- Clarity over numerous issues related to the Northern Ireland protocol
- What happens with components of a CA marked products that could be CE marked and what happens when a component needs replacement
- The rules related to rebadging be used and how stock needs to be rebadged
- Whether and when will EU provide clearance for EOTA guidance to be used
- Clarity on whether the Secretary of State has to publish European Assessment Documents and guidance to support the UK Approved Bodies in issuing UKCA marking
To highlight the extent of these concerns the CLC has written to the Secretary of State – you can read the letter here.
The FIS Brexit Toolkit is available here
