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COVID-19: Travel to Work, Shared Vehicles

COVID-19: Travel to Work, Shared Vehicles

With higher transmission linked to the new variant of the COVID-19 virus it is vital that the construction industry maintains close oversite of key risks.  When it comes to sharing vehicles advice in the Construction Leadership Council Site Operating Procedures are clear – wherever possible workers should try not to share a vehicle with those outside their household or support bubble.

If workers have no option but to share transport, they should try to:

• Share with the same individuals and with the minimum number of people (up to a maximum of 6) at any one time
• Keep the windows open
• Travel side by side or behind other people, rather than facing them, where seating arrangements allow
• Maximise the distance between people
• Wear a face covering
• The vehicle should be cleaned between journeys, especially touch points, using gloves and standard cleaning products.

Additional guidance in Scotland extends this to recommend:

  • keep your distance and take care entering and exiting the vehicle
  • sit as far apart as possible in the vehicle, avoiding face-to-face
  • clean your hands before and after your journey

An issue flagged has been individuals using a vehicle to shelter in breaks or to eat lunch.  This should be avoided.

For a full suite of H&S advice to help reduce COVID-19 Transmission, visit the FIS H&S Hub here.

For latest updates you can visit the FIS COVID-19 Hub Here

Childcare: Implications of the Lockdown on furlough and school places

Childcare: Implications of the Lockdown on furlough and school places

The Coronavirus Job Retention Scheme has been extended until 30 April 2021, and there are monthly deadlines for submitting claims. Claims for furlough days in December must be submitted by Thursday 14 January at 11:59pm.

Employers can claim for any employees who were employed on 30 October 2020, as long as they have made a PAYE Real Time Information (RTI) submission for that employee to HMRC between 20 March and 30 October 2020. This includes employees who have not been furloughed previously and those who are unable to work or are working reduced hours due to caring responsibilities, such as caring for children who are at home as a result of school closures.

As a construction worker, am I classified as a critical worker and can I send my children to school?

The Government has advised that children whose parents “whose work is critical to the coronavirus (COVID-19) and EU transition response” and vulnerable children will be eligible for school places.  This does not explicitly include construction workers, although there is potentially some scope for individuals working on critical infrastructure projects (in this instance you should liaise with your school).  A point to note is that the guidance is slightly different from the first lockdown in that “children with at least one parent or carer who is a critical worker can go to school or college if required”.

The FIS continues to raise the concerns of members with Government and through the Construction Leadership Council of the extreme challenge for individuals are expected to go out to work, but also have childcare responsibilities.

A full list of “critical workers” is available here.

Can put employees on furlough who can’t work because of childcare issues?

Experts from Citation have reviewed current guidance and updates that have been published since the new lockdown has been announced. Here, they highlight the most important points that employers need to know.

It’s always been the case that employees with childcare issues could be put on furlough, but as in the case of shielding employees, it wasn’t clear whether they could be put on furlough simply because their childcare issues prevented them from coming into work even where work was available for them.  HMRC’s guidance on the furlough scheme confirms :

“Your employee is eligible for the grant and can be furloughed if they are:

  • unable to work because they have caring responsibilities resulting from coronavirus (COVID-19), including employees that need to look after children”

Yesterday this guidance was updated to read that employees could be furloughed where they have:

“caring responsibilities resulting from coronavirus (COVID-19), such as caring for children who are at home as a result of school and childcare facilities closing or caring for a vulnerable individual in their household”.

This specifically highlights school closures and those who have to stay at home because they are caring for a vulnerable member of their household. However, unlike the change made to the guidance on shielding employees before Christmas, the guidance on furloughing employees with caring responsibilities has not been changed to clarify that these employees can be furloughed regardless of whether the business has suffered a wider impact from COVID.

It may well be the case that the omission to clarify this is just an omission and the Treasury expects employers to use the furlough scheme where employees have childcare issues even where there is work available for them. However, in the absence of a clear indication that this is the case, we would advise contacting HMRC online to obtain confirmation that your proposed use of the scheme is appropriate and to retain this for future audit purposes.

For further advice on Furlough you can access the Citation helpline via 0121 707 0077.

 
Childcare: Implications of the Lockdown on furlough and school places

Shielding: Implications of the Lockdown on furlough

Shielding, furlough and Statutory Sick Pay (SSP)

With the reintroduction of shielding, experts from Citation have reviewed how to clarify how shielding, furlough and SSP work in conjunction.

The key points are:

  • During lockdown the advice is that employees who are clinically extremely vulnerable should not attend work if they can’t work from home.
  • Formal shielding notification letters are being sent out and this letter will act as a fit note for SSP purposes.
  • The fact that SSP is once again payable for those who can’t attend work because they’re shielding does not change the fact that it’s open to the employer to furlough shielding employees. In December HMRC updated their furlough scheme guidance to add “An employer does not need to be facing a wider reduction in demand or be closed to be eligible to claim for these employees.” This update was welcome clarification of the confusion surrounding whether it would be appropriate for employers to use the furlough scheme for shielding employees in cases where work is available for them.
  • HMRC’s position remains that it is entirely down to the employer as to whether they chose to use the furlough scheme (although of course, the employee must agree to be furloughed). However, whilst this is in the employer’s discretion, this discretion, like any other decision affecting an employee, should be exercised reasonably and fairly. For example, a decision not to furlough someone who is shielding could lead to allegations of discrimination (particularly if there is inconsistency in approach throughout the business) or claims of breach of trust and confidence.
  • If an employer wishes to put a shielding employee on SSP rather than furlough, they should have a good business reason for doing so to counter any challenge or potential claim later down the line.

If you are experiencing issues relating to this, please speak to our experts by calling our 24/7 advice line on 0345 844 4848.

For further advice on Furlough you can access the Citation helpline via 0121 707 0077.

CITB services during lockdown

CITB services during lockdown

CITB has claified what services remain in place during lockdown.

The National Construction Colleges (NCC) in England and Scotland will be closed for face-to-face training until at least 22 February, which removes risk for delegates and colleagues and ensures consistency across the nations. The NCCs will remain open for other services such as remote learning, which makes use of videocall technology like Zoom or Skype to ensure training can continue during lockdown measures. Contact the NCCs here to find out what’s available.

Health, Safety and Environment (HS&E) testing centres operated by Pearson Vue in England and Scotland remain open, those in Wales have closed based on previous Government guidance, other Independent Test Centres may be open at their discretion.

CITB is available to support apprentices in accessing remote and online learning, following the lockdown closures of their colleges and training providers. CITB customer support staff will not be furloughed to ensure employers and apprentices continue to receive necessary assistance at this time.

CITB grant funding covers remote delivery training, which has adapted during the pandemic to ensure learning continues amid lockdowns. There are now 180 training standards that have been adapted to support remote delivery. Search ‘remote learning’ to find eligible standards here and use the Training Directory to source your required remote training with an ATO.

CITB has created a free COVID-19: Setting up and operating a safe construction site e-course, and other free site operating procedures resources are available on the CITB urgent messages page here.

FIS Supports new CICV Forum face mask safety campaign

FIS Supports new CICV Forum face mask safety campaign

With essential construction work set to continue during the latest lockdown, FIS has helped the Construction Industry Coronavirus (CICV) Forum create a new face mask campaign that urges operatives to make a safe start to 2021.

The unique collective has launched an animation and downloadable infographic to remind workers that it’s vitally important to help protect everyone by following the rules and using the right face covering in the right way.

Headlined Mask for Task: Cover for Covid, the initiative emphasises that workers should wear the appropriate respirator or mask for each task and that a face covering of suitable material should be worn when moving around site.

It also gives specific instructions on how to – and how not to – wear face coverings as well as instructions for taking care of personal protective equipment, such as storing masks in a sealable bag when not in use.

The material was initiated through the FIS H&S Working Group and developed by Iain McIlwee, FIS Chief Executive, in partnership with Rebecca Crosland, Health and Safety Adviser at the Building Engineering Services Association and Chair of the Forum’s Health and Safety sub-group, and Iain Mason, Director of Membership and Communications at SELECT and Chair of the Forum’s Communications sub-group.

Iain McIlwee said: “Since the CICV Forum was established, it has played a key role in creating engaging animations and infographics that have proved effective tools and helped deliver essential messaging to an extremely wide audience.

“The new animation is designed to be shared on social media and the poster can be downloaded free of charge here. Both reinforce the responsibility that everyone in construction shares to make sure that they use the correct face covering for the correct situation, worn in the correct manner.”

Rebecca said: “One of the most direct ways of staying safe is to ensure correct mask use, which this latest infographic and animation promotes. The information is easy to follow and will help operatives protect themselves and their colleagues, customers, friends and family.”

As the industry picks up tools again after the festive break, the Forum is also reiterating its latest guidance on practical measures that workers can follow to protect themselves and their colleagues, customers, friends and family.

Driving home the message that we are In This Together, the Forum is reissuing its suite of guidance that outlines safety during domestic projectsguidance on returning to work safely, the importance of physical distancing outside work and giving contractors space to carry out essential work.

Iain Mason said: “With essential construction work being allowed to continue during lockdown, it is incumbent on everyone working in the sector to ensure that they are operating safely, whatever their capacity.

“That’s why we are also stepping up our full range of social media messaging about travel, social distancing and domestic work to ensure everyone is clear on exactly what behaviours are required at all times.”

Made up of trade associations, private companies and professional bodies, including the FIS, the Forum was set up in March 2020, since when it has drawn on the collective expertise of its members to maintain a steady supply of information and practical advice to the sector.

  • Watch the animation here and download the infographic here.
New competency standard – have your say

New competency standard – have your say

We would like to hear your comments on a new competency standard that will be published this spring.

Government through the Ministry of Housing Community and local Government (MHCLG) have commissioned the production of a new competency standard (BSI Flex 8670 Built environment – overarching framework for building safety competence of individuals – specification).

This new standard will be used to produce specific standards for new roles listed in the Building Safety Bill and will form an overarching standard that will allow organisations such as FIS to produce competency standards for operatives in our sector. We see this as an opportunity to ensure that operatives installing safety critical products can measure their own competency, be recognised for their competency and have training available to progress their careers.

Objectives
This BSI Flex is intended to achieve four overarching objectives:

  • Set core requirements for behavioural and building safety competence for all persons working in the built environment in order to improve industry culture and safety outcomes throughout the building life cycle.
  • Drive adoption of consistent good practice in the development and use of competence assessment frameworks across the built environment.
  • Enable consistent and objective evaluation of different sector-specific competence frameworks against common criteria by regulators, clients and employers.
  • Support development of suitable mechanisms to provide robust assessment of individual competence.

The draft standard can be downloaded here.

Please send your questions and any comments to JoeCilia@thefis.org no later than midday on Thursday 28 January 2021 to be included within the FIS response.