Health and Safety Matters – April 2020 Legislation

The range of legislation and related issues affecting the field of Health & Safety is ever changing. It is therefore essential we keep up to date with current changes and future developments effecting the work environment.

In support of this we have collected a summary of key changes with the April 2020 legislation update. Please note this is not exhaustive and is provided as guidance only on legal compliance.

Working Time (Coronavirus) (Amendment) Regulations 2020

The Working Time (Coronavirus) (Amendment) Regulations 2020 amends the Working Time Regulations 1998 to create a further exemption relating specifically to COVID-19. As such, workers who have not taken all of their statutory annual leave entitlement due to COVID-19 will now be able to carry it over into the next 2 leave years, under the measures introduced on 27 March 2020.

Currently, almost all workers are entitled to 28 days holiday including bank holidays each year. However, most of this entitlement cannot be carried between leave years, meaning workers lose their holiday if they do not take it. There is also an obligation on employers to ensure their workers take their statutory entitlement in any one year – failure to do so could result in a financial penalty.

These regulations will allow up to four weeks of unused leave to be carried into the next two leave years, easing the requirements on business to ensure that workers take statutory amount of annual leave in any one year. The aim of the change is so that staff can continue working in the national effort against the coronavirus without losing out on annual leave entitlement.

RIDDOR reporting of COVID-19

The Health and Safety Executive (HSE) has provided guidance on RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) during the current COVID-19 outbreak.

They say that you must make a report under RIDDOR when:

  • An unintended incident at work has led to someone’s possible or actual exposure to coronavirus. This must be reported as a dangerous occurrence.
  • A worker has been diagnosed as having COVID 19 and there is reasonable evidence that it was caused by exposure at work. This must be reported as a case of disease.
  • A worker dies as a result of occupational exposure to coronavirus.

More information can be found on the HSE website.

Fire Safety Bill

The Fire Safety Bill was introduced in the House of Commons on 19 March 2020 (Bill 121).

Its purpose is to clarify that the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order) applies to external walls (including cladding, balconies and windows) and individual flat entrance doors in multi-occupied residential buildings. This will be of interest to:

  • Building owners
  • Leaseholders
  • Managers for multi-occupied residential buildings.

These are likely to be the responsible persons and those who need to ensure that they have assessed the fire safety risks of the premises for which they are responsible and have taken the necessary fire precautions as a result of that assessment. The Fire Safety Bill will also affirm Fire and Rescue Authorities have the relevant enforcement powers to hold owners or managers to account.

The provisions in the Bill extend and apply to England and Wales.

MPs will next consider the Bill at Second Reading. The date for second reading has not yet been announced.

Brexit

Minor amendments have been made to regulations to remove EU references, but the legal requirements for employers remain the same as before Brexit Day (officially 31 January 2020). Therefore, your duties to protect the health and safety of those affected by your work have not yet changed. The UK is now in the ‘transition period’, which began immediately after Brexit day and is due to end on 31 December 2020. During this 11-month period, the UK will continue to follow all of the EU’s rules.

European Union (Withdrawal Agreement) Act 2020 received Royal Assent on 23 January and has been passed into law. It implements the agreement made between the UK and the EU regarding the arrangements for the withdrawal of the UK from the EU.

Grenfell Public Inquiry

The Grenfell Tower Inquiry has been suspended for the foreseeable future after the prime minister tightened restrictions on social distancing, in the wake of the Coronavirus crisis. Prior to the suspension:

  • The full report on Phase 1 of the Public Inquiry into the fire at Grenfell Tower was published in October 2019.
  • Phase 2 was underway before the suspension, calling witnesses involved with refurbishing the tower and installing the cladding, including members from Kensington and Chelsea borough council and the private construction companies responsible for the design. It seeks to identify how the building failed so drastically to prevent a disaster of this scale. The hearings are likely to conclude sometime in 2021 with the report to follow.
  • Fifth report from the Independent Grenfell Recovery Taskforce

The Independent Grenfell Recovery Taskforce published its final report in March. The Taskforce was set up by the Secretary of State for Communities and Local Government after the Grenfell Tower fire. It has worked with the Royal Borough of Kensington and Chelsea (RBKC) in developing and putting in place a long-term recovery plan for the bereaved, survivors and wider community. The report assesses progress made against the eight recommendations from the previous last report and areas where there remain concerns.

The report concludes that whilst there has been progress against all of the recommendations, they are not yet fully implemented. There has been significant progress in re-housing, stronger programme management and leadership has improved. The Council has further to go in demonstrating pace, changing its culture and improving its relationship with the wider community.

New Building Safety Regulator

The Government announced that a new building safety regulator, which was established immediately, would be part of the HSE. The purpose of the new building safety regulator is to improve building safety and performance standards, including overseeing a new, more stringent regime for higher risk buildings.

Building Safety Advice for Building Owners, Including Fire Doors

Issued in January, this document brings together a number of advice notes for building owners on the measures they should take to ensure their buildings are safe.

It covers the safety of external wall systems (including spandrel panels and balconies), smoke control systems, fire doors and what short-term measures should be put in place should a significant safety issue be identified. It additionally reflects the independent panel view that cladding material comprised of ACM (and other metal composites) with an unmodified polyethylene core should not be on residential buildings of any height and should be removed.

Building Regulations

The Future Homes Standard consultation set out Government plans for the Future Homes Standard to be introduced by 2025. It is the first stage of a two-part consultation about proposed changes to the Building Regulations.

The consultation included proposals for revising the Approved Documents for Part L and F to make them easier to navigate and to support efforts to simplify Approved Documents more generally.

The consultation closed on 7 February 2020; the government is currently analysing feedback.

Key prosecutions

Construction firm fined £260k after fall from height

Sir Robert McAlpine Ltd was been sentenced for safety breaches after a worker fell 4.8 metres through an unprotected opening. The worker was attaching straps to a water tank whilst preparing to move it to a lower floor of a water tower at the property, in order to paint the floor. He fell through an opening that did not have fixed edge protection. Sir Robert McAlpine Ltd pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974, Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Regulation 13(1) of the Construction (Design and Management) Regulations 2015.

Property management firm fined after fire

A resident who was unable to access an emergency escape route during a fire was found standing on a windowsill hanging from guttering and had to be rescued by firefighters. Management company Harper Stone Properties Ltd was fined after pleading guilty to a series of fire safety failings after the 2016 blaze at the block of flats on Green Lanes in Palmers Green. The company was fined £20,000 and ordered to pay £10,000 costs after London Fire Brigade inspected the property following the fire and highlighted breaches of the Regulatory Reform (Fire Safety) Order 2005.

Can we help?

If you have any questions about your policy or procedures or need further advice, Tetra Consulting are on hand to help. Please email us at info@tetraconsulting.co.uk or call us on on +44 (0)20 8875 0700.

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