by Clair Mooney | 22 Jul, 2021 | Main News Feed
As Scotland moves towards further easing of restrictions, the CICV Forum has issued more timely guidance and sounded a cautionary note, urging the sector to keep its focus on health and safety to protect colleagues, customers and families.
The unique collaboration says the sector is “not out of the woods yet” and, with COVID-19 still a very real threat, insists each worker has a vitally important role to play in continuing to maintain good hygiene.
With Scotland set to follow England with its own so-called “Freedom Day” on August 9, the Forum has stressed that companies should continue to adhere to standard operating procedures (SOP) to ensure maximum focus on health and safety.
Rebecca Crosland, Chair of the Forum’s Health and Safety group, and Head of Health & Safety at the Building Engineering Services Association (BESA), said: “The past 15 months have been an extremely difficult period for everyone, and we have only come this far by pulling together and following the rules.
“This spirit of collaboration and cooperation must now continue over the coming weeks as we prepare for restrictions to be eased further, both in our professional and personal lives.
“Make no mistake – COVID-19 is still a very real threat and we are not out of the woods yet. Vaccinations can only help so much and it is vital that the sector continues to be careful when it comes to health and safety.
“We will still have one-metre distancing and businesses should continue to follow the SOP and domestic guidance issued by CICV Forum until at least 9 August when we will be among those meeting with Scottish Government to discuss what action will be taken next.
“Everyone in the sector has done well and played their part over the course of the pandemic and we shouldn’t relax too soon.”
To help further, the Forum has produced a secure site risk assessment template that can be downloaded to help contractors plan COVID-safe working practices.
It has also produced a close working checklist to help construction professionals plan for projects that involve close contact in enclosed conditions.
Rebecca added: “These two new pieces of guidance will help operatives carry out COVID-19 risk assessments for a range of projects, including where close working is required, and help them consider the safest way for those tasks to continue.
“They also make it clear that, during such activities, appropriate mitigation methods should be put into place including lateral flow testing, increased hand washing and environmental cleaning, face covering, adequate ventilation and keeping any close activity as brief as possible.”
The guidance follows a range of other information which is still available on the Forum site, including advice on working from home, preparing for HSE spot checks and an overview of the current professional indemnity insurance market.
Fiona Hodgson, CEO of SNIPEF, another leading member of the Forum, said: “Once again, we are keen to do all we can to ensure the sector follows correct protocols to stay safe at this crucial time, and this new guidance will help provide clarity and essential advice.
“During the pandemic, construction has risen to the challenge, protecting staff and providing the bedrock of the UK economy throughout the year. However, it is vital that we continue to protect against the very real threat that remains.
“Our message is clear – workers should still observe hygiene rules and keep health and safety procedures front of mind to protect themselves, their colleagues, their customers and their families.”
The CICV Forum is made up of 29 trade associations, professional services bodies and companies. Since its inception in March 2020, it has maintained a steady supply of information and practical advice to the sector as well as carrying out surveys, producing animations and posters, hosting webinars and speaking with government ministers.
by Clair Mooney | 20 Jul, 2021 | Main News Feed
It is predicted the UK could face 2 million* cases of COVID-19 during the summer months. With the end of COVID restrictions and work from home guidance, there’s huge challenges for employers to keep their workplaces and people safe as cases continue to rise.
With testing previously described as the potential difference between a business having to close because of an outbreak and remaining open, you might be considering implementing a testing policy in your business. But how confident are you when it comes to consulting on, creating and communicating a testing policy and do you know your legal obligations?
To make sure you have everything covered and you’re on the right side of the law, FIS Associate Member and HR & Employment Law specialists Citation, has created a guide covering the essential considerations employers must make before implementing any testing policy in their business.
DOWNLOAD THE GUIDE HERE
Some of the key questions the guide explores, include:
- Can you make testing mandatory?
- What’s the best way to communicate your stance on testing to your employees?
- Can you ask your employees to disclose their test results?
- What are the data protection implications of workplace testing?
FIS member benefit
If you’d like to chat about how Citation can help with the HR and Health & Safety side of your business, just give them a call on 0345 844 1111, or fill in their call-back form and they’ll get right back to you.
Quote FIS when enquiring to access your member benefit.
*Source: The Guardian
by Iain McIlwee | 9 Jul, 2021 | Building Safety Act, Main News Feed, Transformation
FIS Statement on the Building Safety Bill
The main impact of the Building Safety Bill centres on who and how the building process will be regulated and who is accountable for what. It is, for the most part, a huge improvement to the regulatory landscape and will, without question drive a healthier culture centred on improvements in the exchange of information, better design and specification, considered procurement and ensure key details are decided before we are stood on site, scratching heads. An area of concern is, however, the accompanying changes to the Defective Premises Act and particularly the intent for retrospective application which potentially places a significant and disproportionate burden on contractors and suppliers.
The Building Safety Bill – Headline Changes
The Bill will see the implementation of specific gateway points at design, construction and completion phases to ensure that safety is considered at each and every stage of a building’s construction, and safety risks are considered at the earliest stage of the planning process.
It also focusses on key roles for individuals during the design, build and occupation of a high-rise residential building. These roles come with clearly defined accountability and responsibility.
Two new regulators are being created through the Bill. The Building Safety Regulator will be holding individuals to account and taking enforcement action when required. It also defines the role of the Construction Products Regulator in providing oversight for testing and control of the supply of construction products and sets the ground for the n Building
Other key areas covered by the Bill include:
- Building Safety Risks defined as fire spread (one flat to another or one floor to another) and structural failure.
- High Risk Buildings defined as those that are at least 18m in height or have at least 7 storeys and have at least two residential units (a dwelling, flat bedroom in a hall of residence or any other unit of living accommodation)
- This brings into scope care homes and hospitals meeting the same height threshold during design and construction
- It also brings into scope buildings owned or occupied by the Crown which meet the scope criteria e.g. Crown Estates, Duchy of Lancaster or Duchy of Cornwall or Government Departments. This is in line with the Fire Safety Order and Health and Safety at Work Act which applies to Crown buildings
- Draft secondary legislation sets out technical definitions, excludes certain buildings from the regime and, for design and construction purposes, defines the use criteria for a building to be covered.
- Secondary legislation is also drafted to confirm height will be measured from ground level on the lowest side of the building to the floor surface of the top storey (which does not exclusively contain roof-top machinery or a plant room)
- New powers for the Secretary of State to use secondary legislation to amend definitions written in the Bill
- Introduction of a new developer tax a levy on developers ”to ensure that the industry makes a contribution to setting things right”.
Areas of concerns – Retrospective extension of the Defective Premises Act (DPA) 1972
Whilst there are many reasons to applaud the introduction of the Building Safety Bill and the positive impact it is undoubtedly going to have on the construction process going forward, our applause missed a beat when we read and absorbed the impact of section 125 related to the extension of the Defective Premises Act (DPA) 1972. You may not be familiar with this particular piece of legislation, but it is where the 6 year liability related to claims against defective works is rooted.
The phrase: “Where by virtue of a relevant provision a person becomes entitled to bring an action against any other person, no action may be brought after the expiration of 15 years from the date on which the right of action accrued.” has massive implications for the construction sector moving forwards, but our main concern is when combined the commentary from Robert Jenwick that made it clear that the intention will be for changes to apply retrospectively, allowing claims from 2010.
The wording also indicates that this claims window would be applicable to all “relevant building” effectively extending the scope of the DPA away from new premises to cover all refurbishment and renovation work.
Should this Bill pass through Parliament unamended, clients bringing claims based on workmanship issues from 2010 in “relevant buildings” would have a 15 year window (way beyond existing typical contractual defect liability terms) to bring a claim against the contractor.
Timescales for the Building Safety Bill
The Building Safety Bill is not law yet, it was introduced into Parliament on 30 June 2021 and the process of scrutiny by Commons and Lords is expected to take no less than 9 months at which point Royal Assent will be granted.. The timescales below give insight into when and how the various elements are anticipated to come to bear.
FIS is currently seeking clarification on the changes to the DPA (an initial view has been provided here as part of a SpecFinish article by Michael Woolley, Legal Director of Hill Dickinson LLP. We remain concerned that the Building Safety Fund and various cladding and remediation and support do not adequately address legacy issues. The legal requirement for building owners to prove that they have explored alternative ways to meet remediation costs before passing these onto leaseholders means that we are also likely to see surveyors commissioned to find problems, actively seeking to find ways to impose the cost on contractors as an easier route than addressing poor procurement and failings in the regulatory environment.
We will continue our work with the wider construction sector in representing the views of our members on this matter and will be raising these concerns through the Civil Service and relevant Politicians over the coming months.
Building Safety Bill documents
FIS hosted an update and debate on the introduction of the Building Safety Bill in October 2020 – you can access a recording of the event here
View the original announcement of the Building Safety Bill here.
by Clair Mooney | 7 Jul, 2021 | Main News Feed, Market data
Forecast tool identifies over 1,150 public sector construction projects across Scotland valued at c.£8.5b.
An innovative online tool has been launched to provide the construction industry with greater clarity and understanding of future public sector construction projects to be delivered across Scotland.
The Construction Pipeline Forecast Tool has been developed by infrastructure body the Scottish Futures Trust in partnership with the public sector together with representatives from the construction industry.
The interactive tool has been created in response to actions coming from the Construction Industry Recovery Plan published in October 2020 by the Scottish Construction Leadership Forum.
With a current value of just under £8.5 billion, the Construction Pipeline Forecast Tool has details of over 1,150 future public sector infrastructure projects and covers many sectors including education, health, housing and flood prevention.
Of the 1,150 project opportunities, approximately 60% are below £2m in value, emphasising the focus on providing opportunities to small and medium-sized enterprises. This will continue to grow as additional contracting authorities join the system going forward and will be updated every six months.
By providing greater transparency on future workload, the pipeline will help businesses plan better and maintain their investment in skills and future training needs. It will also encourage collaboration between public sector organisations through a greater understanding of their respective construction pipelines.
The pipeline also seeks to provide a longer-term view on forecast investment and identifies construction projects up to 2028, with the majority of the forecast spend occurring before 2025. The types of construction projects include new build, refurbishments, maintenance works as well as road infrastructure.
The Construction Pipeline Forecast Tool allows the user to simply and easily explore data held using various criteria that includes the chosen procurement route, the procuring authority, contract value and sector.
Peter Reekie, chief executive of the Scottish Futures Trust (SFT) and chair of the Executive Group of the Scottish Construction Leadership Forum said: “Providing businesses working in the construction sector with this detailed information creates greater confidence through improved project transparency. As a result, it will allow businesses to invest correctly and recruit accordingly, as well as build stronger partnerships within supply chains.
“Through being a key partner in the Scottish Construction Leadership Forum, SFT took responsibility to deliver the Construction Pipeline Forecast Tool, one of the actions coming from the Construction Industry Recovery Plan which was published in October 2020 in response to COVID-19.
“Building the Construction Pipeline Forecast Tool was met with strong levels of engagement across the whole of the public sector, which has been greatly appreciated, and we look forward to continuing to work with the sector on this leading-edge development.”
Welcoming news of the pipeline launch, Ivan McKee, Minister for Business, Trade, Tourism and Enterprise, said: “This is a crucial time for business, trade and investment in Scotland and we are pushing forward with an ambitious agenda of recovery and economic transformation. Construction will play a key part in that recovery, delivering critical infrastructure and supporting our important net zero commitments.
“By working together and galvanising the expertise and ingenuity of the construction industry, we can enhance Scotland’s economic potential and deliver greater, greener and fairer prosperity.
“This online tool will provide businesses with the pipeline visibility they need to plan investment in skills, labour and materials which will support jobs and business growth. It also delivers new opportunities for small and medium-sized business across the sector by providing visibility of smaller contracts. This key ask from industry has been delivered through the Construction Leadership Forum Recovery Plan – demonstrating how we can work together to deliver the changes the sector needs.
“This is just the start of an exciting process and I encourage other public bodies to share their data to broaden their market access.”
Stuart Parker, member of the Construction Scotland Industry Leadership Group and Chair of its Procurement sub-group, said: “The Construction Pipeline Forecast tool is a really exciting development for the industry, bringing together details of the upcoming opportunities in the sector in one user-friendly format.
“It will really help the industry to understand the direction of travel in social infrastructure, providing confidence to invest in the resources and skills needed to help the country rebuild better. The tool will help to provide visibility of opportunity to businesses of all sizes, but particularly SMEs throughout the supply chain.”
Speaking of the pipeline, Donald Gillies, Director of Place from South Ayrshire Council, said: “From a local authority’s perspective, the pipeline provides improved clarity of planned activity across neighbouring council areas which can help foster greater levels of collaboration and insight on future investment in infrastructure and buildings.
“Importantly, the pipeline will support the delivery of high-quality public sector buildings, created by a thriving construction industry employing local people.”
