The new regulatory regime for the Building Safety Act (BSA) came into force on 1 October 2023. The Building Safety Act 2022 brings in new roles and responsibilities which don’t only affect high risk buildings.
The new regime introduces fresh terminology, roles, responsibilities and other criteria that are important to understand for all projects that fall under building regulations.
Registering a high-rise residential building
High-rise residential buildings are defined as 18 metres tall or higher, or at least 7 floors tall, and must contain 2 or more residential units. It is a legal requirement that high-rise residential buildings are registered by 1 October 2023. The fee to register each building is £251.
Roles and responsibilities
The BSA 2022 identifies new roles and responsibilities for people and organisations who are responsible for the safety of high-rise residential buildings in England- accountable persons and the principal accountable person.
These responsibilities include registering high-rise residential buildings with the Building Safety Regulator.
It is the principal accountable person who is required to have registered high-rise buildings before 1 October 2023. An accountable person is an organisation or individual who owns or has a legal obligation to repair any common parts of the building.
Fire safety resonsibilties
As as result of the introduction of The Building Safety Act 2022, changes have been made to the Regulatory Reform (Fire Safety) Order 2005. These requirements apply to all non domestic premises such as workplaces and non domestic parts of multi occupied residential buildings (e.g. communal corridors, plant rooms). There are various responsibilities of the Responsibile Person e.g. requiring Responsible Persons of a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents.
In addition, the Regulations require Responsible Persons to provide information on fire doors including that they should be kept shut when not in use, that residents should not tamper with self-closing devices and that residents should report any faults with doors immediately
Extensive legislation and guidance has been issued under the Building Safety Act 2022 – further details can be provided by clicking here.
Since the tragic events of the Manchester bombing where sadly 22 persons were killed and as a result of the inquest and various campaigns, we now have a draft bill, the Terrorism (Protection of Premises) Bill otherwise known as Martyn’s Law.
‘Martyn’s Law’ will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures. The legislation will ensure that people are prepared, ready to respond and know what to do in the event of an attack.
Who will be in scope?
Premises will fall within the scope of the duty where “qualifying activities” take place. This will include locations for purposes such as entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings (e.g. town halls), visitor attractions, temporary events, places of worship, health, and education.
It is proposed that the duty will apply to eligible premises which are either:
a building (including collections of buildings used for the same purposes, e.g. a campus); or
a location/event (including a temporary event) that has a defined boundary, allowing capacity to be known.
Eligible locations whose maximum occupancy meets the above specified thresholds will then be drawn into the relevant tier. Therefore, premises will be drawn into the scope of the duty if they meet the following three tests:
That the premises is an eligible one – i.e., building or event with a defined boundary.
That a qualifying activity takes place at the location; and
That the maximum occupancy of the premises meets a specified threshold – either 100+ or 800+
This bill is not yet enacted, predictions are that it may be in the Autumn, so it may change and we will keep you updated with developments. More detail on the tiers and the requirements can be found below.
The UKCA marking is the product marking used for products being placed on the market in Great Britain as a result of Brexit. The UKCA marking applies to most products for which the CE marking could be used. The mark indicates that all relevant health and safety regulations and applicable standards have been met by the manufacturer and that it’s safe and legal to use.
The date by which products placed on the GB market must be UKCA-marked has been amended to 1 January 2025.
Exceptions
There are two specific exceptions to this requirement:
Qualifying Northern Ireland goods can continue to be placed on the GB market bearing the CE marking or CE and UKNI markings after 1 January 2025.
CE-marked PPE that was placed on the UK or EU markets before 1 January 2025 (before the expiry of the Transition Period) and has not yet reached its end user may continue to circulate on either market until it reaches them.
What are the implications?
From 1 January 2025, employers should ensure that any PPE they buy bears the ‘UKCA’ mark and complies with Regulation (EU) 2016/425 (as incorporated into UK law).
As well as the UKCA mark on the product (or its packaging/accompanying documentation until 1 January 2028), a supplier would be expected to be able to provide a UK Declaration of Conformity.
PPE that is CE-marked and was placed on the market on or before 31 December 2024, can continue to be used, providing that it is otherwise suitable.
The HSE’s revised PPE guidance explains how to comply with the Regulations. It includes:
Details of the types of PPE available.
The hazards that may require PPE to be used.
Advice on the selection, use and maintenance of PPE.
The revised version of the guidance also includes information on conformity marking, following the UK’s exit from the EU.
Feel free to contact us if you need any advice regarding these changes. Don’t forget to update policies with the legislation date change if you haven’t already.
I think we all
know by know what coronavirus is, but just to clarify;
COVID-19 is an illness that can affect the lungs and airways. Symptoms are fever, cough, shortness of breath and breathing difficulties. It’s caused by a virus called coronavirus. In January 2020 the World Health Organization (WHO) declared coronavirus a global health emergency.
The risk of catching COVID-19
depends on where you live or where you have travelled recently.
So what can employers do to protect their staff?
Don’t panic but take sensible and proportionate measures such as ensuring that workers have access to appropriate hygiene facilities such hot water, soap and bins to get rid of used tissues.
The risk of catching it within
the workplace is low, although an increasing number of employers are
encouraging their employees to work from home in order to help to prevent
further spread of the virus.
Workers are
advised to maintain good hygiene standards around the workplace by following
the latest advice from the World Health Organisation’s (WHO) website which includes the following
basic protective measures:
Wash your hands frequently with alcohol-based hand wash or wash with soap and water for at least 20 seconds
Maintain social distancing- maintain at least 1 meter (3 feet) between yourself and anyone who is coughing or sneezing
Avoid touching eyes, mouth and nose
Practice respiratory hygiene – Using the nearest waste receptacle to dispose of the tissue after use
Stay informed and follow the advice given by health care providers
In the UK, the
National Health Service (NHS) has advised that most people can continue to go
to work, school and other public places, and that self-isolation is only to be
undertaken if the individual is advised to do so by the 111 online coronavirus
service or a medical professional. Read the full NHS advice here.
Which emergency plans do you need to have in place?
The Institute of Occupational
Safety and Health (IOSH) advises that businesses follow good practice in
emergency planning, preparedness and response. This can be achieved by adopting
the following steps:
Develop a response
plan for if someone in the workplace becomes ill with suspected COVID-19. This
should include the immediate response e.g. isolate the individual and contact
the local health authority
Plan to identify
persons who may be at risk without stigma or discrimination
Explore ways of
remote working (teleworking) that will allow workers to continue their work
from home
Develop a business
continuity plan for an outbreak, which covers:
How your organisation
will continue to function if workers, contractors and suppliers cannot come to
your place of business
Visitors and
vendors who have access to the building
Communicate to
workers and contractors about the plan and their role in it
Ensure the plan
addresses mental health and social consequences of a case of COVID-19 in the
workplace
What if you or your employees need to travel for work?
IOSH recommends the following
key actions organisations can take to manage traveller health, safety and
wellbeing:
To effectively
manage travel risk, you need to ensure you have proportionate and robust
policies, procedures and controls in place. Communicate them to all relevant
parts of your organisation, providing information, instruction and training as
appropriate.
Consider whether
the travel is absolutely necessary: can you achieve the same result with
video conferencing?
If travel is
deemed necessary then you need to effectively but proportionately manage the
risk, with controls identified and implemented which reflect the nature and
severity of the risk. Such controls should be identified through a travel risk
assessment.
You will always
need to know where your workers are and where they are going. Some travel
management systems provide tracking and alert functions, and there are also
products utilising GPS.
Should your
travellers become involved in an incident or emergency situation, you need to
have a means by which to provide support for them. Businesses should source
local emergency phone numbers in countries, giving employees quick access to
assistance. Most schemes and business travel insurance packages offer a 24/7
helpline which triggers support services for the traveller, providing
assistance with medical treatment and repatriation due to injuries and illness
as well as helping with lost documents, stolen money and other common
travel-related problems.
Finally, don’t
forget your travellers’ wellbeing. Frequent international travel has been shown
to have negative effects on both physical and mental health, with situations
such as a disease outbreak providing further sources of concern.
The current situation and guidance with regards to this virus is changing rapidly, so ensure you continually review your control measures and regularly communicate these to your workers.
Useful links:
For updates on the coronavirus, please
visit the Public Health England website.
For useful Q & A’s regarding Coronavirus visit the World Health Organisation (WHO) website.
Should you like any advice on how to apply the measures above, then just get in touchhere.
Sarah Mellor CMIOSH MIIRSM Salopian Health & Safety Limited T: 01630 657084 E: enquiries@salopiansafety.co.uk W: SalopianSafety.co.uk
Just a reminder that the old health & safety law poster must be replaced by the new version by 5th April 2014. After that date, employers must give their staff either a copy of a pocket card or leaflet (both of which are free to download from the HSE’s website) OR display the newer version of the poster.
What are my legal duties?
Employers have a legal duty under the Health and Safety Information for Employees Regulations (HSIER) to display the approved poster in a prominent position in each workplace or to provide each worker with a copy of the approved leaflet that outlines British health and safety law.
What’s different on the new poster?
Unlike the previous poster and leaflet, the new poster and leaflet do not require the employer to provide further information in writing, either on the poster or with the leaflet, giving workers the name and address of the enforcing authority and Employment Medical Advisory Service (EMAS). Instead, workers are advised to go to HSE’s website to find relevant addresses. The new poster does still have optional boxes where details of any worker health and safety representatives and other health and safety contacts can be added. It is not a legal requirement to include this information but it may be helpful to workers.
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