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Latest employer responsibilities: managing the risk of COVID-19

Latest employer responsibilities: managing the risk of COVID-19

A COVID-secure titled risk assessment is no longer legally requiredk however COVID-19 still presents a risk to the workplace which employers are required to manage in line with the Management of Health and Safety at Work Regulations 1992.

If FIS members already have a risk assessment in place, they’ll need to review the content and controls, as it is now over to employers to formulate a policy on employee self-isolation.

With the responsibility of keeping workplaces safe and COVID-secure now sitting even more heavily on the shoulders of employers, FIS Associate Member Citation has seen an increase in enquiries on how to manage COVID-risk. To help address this, they have created a free checklist covering everything employers need to know.

The free guide can be downloaded from https://tinyurl.com/fislearningtolive2022

UK Conformity Assessment Bodies: using a subcontractor

UK Conformity Assessment Bodies: using a subcontractor

New guidance has been published for UK Conformity Assessment Bodies (CABs) who are intending to subcontract tasks such as testing, certification or inspection.  This process will limit the the need to test new products in the UK and Europe separately for the purpose of conformity marking (UKCA and CE Marking).

Overview of Guidance

Subcontracting is the act of contracting another body to do a task, which you have been appointed to perform, as part of the conformity assessment process. This is also commonly referred to as ‘outsourcing’.  UK CABs can subcontract most tasks within the UKCA conformity assessment process, such as testing, certification or inspections. However, the decision on conformity itself must be made by a UK CAB.

If a CAB has an overseas subsidiary, the subsidiary to carry out the conformity assessment activities subject to the same conditions as using sub-contractors.

Subcontracting does not include when individuals are contracted-in as employees of a UK CAB (regardless of where they are employed). These individuals fall under the quality management system of that body.

There may be different conditions for products approved under the terms of a mutual recognition agreement (MRA) with the UK. The requirements for CABs are detailed within these agreements.

Note EU does not afford a reciprocal privilege to Notified Bodies for CE marking and this process will not impact legacy testing, where the lack of mutual recognition in the Exit Agreement prevents recognition of historic testing or Engineering Assessment Documents for some CE Market products (those covered by ACVP 3).

More information on sub-contracting is available on the Government website here

To access the FIS Brexit Toolkit click here

Applying EPR in the construction products sector

Applying EPR in the construction products sector

The Construction Products Association has published a discussion paper on extended producer responsibility (EPR): Applying EPR in the Construction Sector Discussion Paper (constructionproducts.org.uk).

This discussion paper seeks to explore the applicability of the concept of Extended Producer Responsibility (EPR) to construction products – is it applicable to all, to some, or no products at all? And whether any general principles to guide potential application can be identified.

EPR is applied in a variety of policies and regulations to transfer responsibility for management of waste products to the producer. Existing EPR schemes already exist to cover, for example, end of life vehicles (ELV) or waste electrical and electronic equipment (WEEE). This paper reflects on how EPR schemes have been applied in those sectors and how it might apply to the construction product sector – and to which products.

EPR can support better practice in the industry, such as minimising over ordering, increasing reuse or encourage high value recycling and could become one of the tools required to shift the industry towards a more circular economy approach – not the only tool.

FIS Sustainability Hub

FIS is committed to taking a pro-active lead, not just in supporting the UK ambition to net zero carbon by 2050, but delivering profound transformation within our supply chain on all aspects of ethical and environmental sustainability. We have created this hub to bring together resources and information that will support your journey to net zero.

Round-up of public procurement matters

Round-up of public procurement matters

To help clients and the industry to implement procurement practices that will deliver safer buildings post Grenfell, the Government has published guidance on collaborative procurement for design and construction to support building safety. Dame Judith Hackitt and other speakers will be formally launching the guidance at a free online event on Monday 28 March between 2-4pm.

The New Hospital Programme (NHP), which is developing 48 hospitals by 2030, has published its first commercial pipeline to give suppliers visibility of current and future contract opportunities. It provides information on proposed projects up to 2024, including estimated contact value, start date, length and sourcing route.

Construction activity holds steady

Construction activity holds steady

The latest information from Builders’ Conference shows that 451 contracts worth £6.1 billion were awarded in February. Whilst the number of contracts increased again, the value dipped slightly, although it was consistent with the monthly average over the last year (£6.2 billion). 78% of all the contracts awarded by value were in the private sector. Overall, there were 152 housing projects worth £2.4 billion (39%), the largest of which was a £320 million project to build over 1,200 homes in Watford; 64 office projects totalling £684 million (11%); and 56 education projects worth £524 million (9%).

The number of tender opportunities was 9% lower than the previous month and 49% below the monthly average for the past year.

Market Data

FIS has access to a wide range of market data from sources including the CPA and Barbour ABI.  In addition, FIS produces a state of trade survey specifically for the finishes and interiors sector.

PPE Regulations to be extended to all workers

PPE Regulations to be extended to all workers

In November 2020, a court judgment found that the UK had failed to adequately transpose aspects of two EU Directives into domestic law with respect to worker safety.  In reaction HSE has confirmed that the Personal Protective Equipment at Work Regulations will be amended from 6 April 2022 to ensure that agency and temporary workers ‐ so called limb (b) workers ‐ are provided with the same PPE protections as employees. Those who have self‐employed status are not included and the HSE has published interim guidance to help employers prepare.

The definition of self-employed here has created some confusion, with the guidance stating:

Generally, workers who come under limb (b):

  • carry out casual or irregular work for one or more organisation
  • after 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
    only carry out work if they choose to
  • have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting)
    are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)

Where workers now fall into this definition organisations will have to provide all workers falling in scope with the correct PPE necessary for health and safety free of charge, as well as maintain and replace it as necessary.

FIS Health and Safety Guidance Note – changes to PPE Regulations 1992

New CSCS app set to simplify site skills card checks

New CSCS app set to simplify site skills card checks

The CLC stated that, “By 31 March 2022, all card schemes must use smart technology which has the capability to electronically check agreed information relevant to a cardholder, using a common interface, without the need to manually enter data.”  In March 2021 the partner card forum (now CSCS Alliance) set-up a delivery group of representative members in order to deliver on the CLC objective.

The Delivery Group appointed technology consultancy firm StableLogic, to support them with the design and procurement of a new system to deliver on the CLCs requirement.  Following a detailed investigation into existing technologies of partner schemes and procurement process, the Delivery Group and selected supplier are in the final stages of testing on the new application, to be known as CSCS Smart Check.

The proposed App covers more than 2 million CSCS and partner scheme cards across all 38 CSCS Partner Schemes.  The collaborative process represents a blueprint and exemplar for what can be achieved with a shared objective and willingness to raise standards and work together across a complex digital environment.

Industry should be aware of key dates and times; this link will take you to the CSCS web page showing all details webinars will be hosted jointly by representatives from CSCS and the Smart Check Delivery Group.

CSCS is hosting a series of CSCS Smart Check webinars ahead of the app’s rollout in April which are intended to provide industry with an overview of the application, training and support materials, and any key updates which will need to be considered.  Attendees can register for their preferred webinars via the link above.

George Swann FIS Skills and Training Lead said:

“Contractors, employers, site supervisors and managers are strongly advised to take advantage of this new App when its available in April, to ensure your organisation does not fall foul of legislation.  It’s not just about an unqualified workforce fake credentials are often used in illegal activities including modern slavery”

£3000 funding available for taking on an apprentice

£3000 funding available for taking on an apprentice

Employers must apply for the £3,000 incentive payment for hiring a new apprentice

If you hired a new apprentices between 1 October 2021 and 31 January 2022 and these apprentices have an apprenticeship start date between 1 October 2021 and 31 March 2022, employers could be eligible for the £3,000 incentive payment for hiring a new apprentice.  Applications for the incentive payment close on 15 May 2022.

How employers apply
Employers should check their apprentices’ eligibility – they must have:

  • an employment start date from 1 October 2021 to 31 January 2022
  • an apprenticeship start date from 1 October 2021 to 31 March 2022

To receive the payment, employers must submit an application for each eligible apprentice using their apprenticeship service account.

Use the Education and Skills Funding Agency (ESFA) step-by-step guide for more information.

When applying for the incentive payment for hiring a new apprentice, employers should make sure they have:

  • added the correct PAYE schemes, that they use to pay their apprentices, to their apprenticeship service account, in line with the service terms and conditions
  • only applied for eligible apprentices and they have documentation which can validate their claim, as listed in the apprenticeship funding rules
  • checked their training provider has the correct National Insurance Number for each of their apprentices, and that they have included this in their funding submissions

If any information is incorrect, this will delay payments.  If you have a query about the incentive payment, check the help articles in the ESFA help portal

Skills Hub

The Skills Hub brings together details of courses specific to the finishes and interiors sector, making accessing and booking training quick and easy. In addition, it provides information on sector careers, apprenticeships and funding, as well as access to e-learning, CPD and other training.

Scottish apprenticeships bounce back

Scottish apprenticeships bounce back

Construction apprenticeships come out on top in Scotland, despite pandemic challenges.  Figures recently released by Skills Development Scotland (SDS) indicate construction apprenticeships have bounced back from the pandemic, stronger than ever.  The Modern Apprenticeship Statistics report reveals that the number of Construction and Related Modern Apprentices (MAs) in training for the end of quarter three 2021-22 was 12,814, which is 254 more apprentices than in 2019-20 and account for 32% of the 34,000 apprentices in Scotland.  Construction is also the first sector to return to pre-pandemic levels.

In comparison the total numbers for the same period in the Finishes and Interiors Sector are:

Number of registered apprentices:

  • England:
    • Interior Systems Installer ST0388 = 90 (average annual starts 150)
    • Plasterer ST0096 = 470 (average annual starts 629)
  • England old framework (VQ outcome) = 62 Interior System, 240 Plastering
  • Scotland = 88 Interior Systems, 70 Plastering
  • Wales = 9 Interior Systems, 51 Plastering
  • Completed VQ’s in Interior Systems = 1720
  • Completed VQ’s in Plastering = 1380

A few factors will have contributed to the thriving numbers, including the Apprenticeship Employer Grant of £5,000, which was launched by the Scottish Government and SDS back in 2020-21.  Additionally, those employers were supported by approximately £1.25m in CITB attendance grants.  To date, there are 4,500 apprentices in Scotland with Levy-registered employers, who benefit from just over £90m in direct and indirect grants from CITB and SDS.

With much of the industry relying on word-of-mouth methods to recruit, it can be difficult to reach a more diverse range of applicants.  Looking ahead, FIS is keen to support employers in this space, helping them create a more inclusive workplace, where the sector can benefit from the wide range of skills and traits.

George Swann FIS Skills and Training Lead says.  “Wherever you are located in the UK, if your organisation is looking to take on apprentices now is the time to get vacancies up on platforms like Construction TalentView: Employer Registration and National Apprenticeship Services: Creating an Apprenticeship Advert  to see existing vacancies go to: Find Apprenticeships Dryliners .

FIS is happy to support with any skills and training questions. Contact George on 07553 874838.

 

FIS Regional Meetings

With labour shortages and recruitment a key challenge within the sector, FIS is hosting a series of breakfast meetings to address the skills shortages. These events will focus on a collective response to labour shortages and attracting the next generation of workers.

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