CLIENT COMPLIANCE UPDATE (Quality, Environment, Safety and Other Requirements)
The below aims to provide an overview, and summary, of key changes and updates for all clients covering quality, environment, safety along with other key compliance obligations of most businesses. It is not an exhaustive list and you should ensure you conduct your own due diligence to ensure any compliance requirements and respective duties are fulfilled.
As relevant to your business sector, these are some of the key items we may have been updating within your management system and liaised with you further where changes are required via our usual onsite meetings, video meetings or e-mail discussions.
February 2023 – Building Safety Act
The Building Safety Act 2022 was granted Royal Assent on 28 April 2022.
The purpose of this act is to impose specific duties on organisations which own and manage high rise residential buildings to take a range of specific and prescribed actions to identify risks, put the required measures in place to keep the building and its residents safe, and to evidence how they are doing this.
This means that:
- Residents in high-rise buildings will have more input in how their building is kept safe and will be able to raise building safety concerns directly to the owners and managers of their buildings known as accountable persons and are responsible for repairing the common parts of a higher-risk building.
- Dutyholders such as the Principal Designer and Principal Contractor under the Act will be required to manage building safety risks, with clear lines of responsibility during the design, construction, and completion of all buildings.
- Accountable persons will need to prove that they have effective, proportionate measures in place to manage building safety risks in the higher-risk buildings for which they are responsible.
June 2022 – HSE Inspections
HSE are now carrying out health protection initiatives focusing on the respiraty risks to consutrction workers from exposure to dust. This may invole additional spot checks and inspections of sites.
April 2022 – PPER (Personal Protective Equipment at Work Regulations 2022)
From the 6th April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into effect to supersede the previous 1992 Regulations (PPER 1992).
Under the new amendment, this means that the scope of obligations and responsibilities for both employers and employers previously under PPER 1992, will now increase to limb (b) works as now defined within PPER 2022.
It is mandatory that employees have correct instruction, full training, and instruction on the use of PPE at work (if required).
Under the new guidance, it provides further material on how organisations can ensure they are compliant with these changes which include:
- Types and variations of PPE available
- When you might need to use PPE, details of hazards
- How to select, use and maintain PPE
In addition, a revised edition of our publication Personal Protective Equipment at Work Regulations 1992 (as amended) Guidance on regulations, which includes information on conformity marking, following the UK’s exit from the EU.
April 2022 – Finance Act 2021 (Plastic Tax)
The Finance Act 2021 sets out a sustainable and environmentally friendly focused tax by implementing the ‘plastic packaging tax’.
The new tax which came into force on 1st April 2022 is to encourage the use of recycled plastic within packaging and provide an economic incentive for businesses to use recycled material when producing plastic packaging. It is estimated that the Tax could lead to an increase in the use of recycled plastic in packaging by approximately 40 percent, equivalent to carbon savings of nearly 200,000 tonnes in 2022 to 2023.
March 2022 – Zero tolerance phone use
The Transport Secretary has announced a Zero Tolerance on any type of phone use while driving is now in force as at 25th of March 2022. This means that it is illegal to use a handheld mobile phone while driving (for work or personal journeys) under virtually any circumstance. Anyone caught using their handheld device while driving or with the engine switch on, could face fine upwards of £1,000 as in addition to 6 points on their licence, or a full driving ban.
January 2022 – UK Highway Code
An update to the Highway Code is in force as from 29th January 2022. The changes are being implemented to improve overall safety for pedestrians, cyclists and horse riders (vulnerable road users).
HGV drivers and large passenger vehicles have the greatest responsibility to reduce the dangers posed to road users. The new rules include:
- Giving way to pedestrians at a junction who are waiting to cross a zebra crossing
- Giving way to pedestrians/cyclists waiting to cross a parallel crossing
- A new technique known as ‘Dutch Reach’ meaning to open a car door while looking over their shoulder
October 2021 – London Ultra Low Emission Zone (ULEZ)
From 25th October 2021, the existing central London Ultra Low Emission zone (ULEZ) will expand to create a single larger zone bounded by the North Circular Road (A406) and South Circular Road (A205). The North and South Circular roads themselves are not included within this zone.
The ULEZ will continue to operate 24 hours a day, 7 days a week, including weekends (except Christmas day), with a £12.50 daily charge for vehicles that do not meet the required emissions standards.
Cars, motorcycles, vans and other specialist vehicles (up to and including 3.5 tonnes) and minibuses (up to and including 5 tonnes) will need to meet the required ULEZ emissions standards when driving within and into the expanded zone, or pay a daily charge.
April 2021 – Electrical Regulations for Landlords
The new regulations, titled The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 placed additional duties from July 2020, whereby all new tenancies required an EICR. As of 1st April 2021, this requirement applies to all tenancies including new and existing.
This means that a landlord is required to arrange an inspection and issue electrical safety certificates to tenants for all private rented properties.
Failure to do so could result in a fine of up to £30,000. Further information on renting a property can be found via: https://www.gov.uk/renting-out-a-property
April 2021 – IR35 (offpayroll working rules)
The IR35 or Off-Payroll working rules applies if a worker (or contractor) provides their services through their own limited company, or another type of intermediary to a client. An intermediary will usually be the workers own personal service company, but could also be a partnership, a personal service company or an individual.
The rules make sure that workers (who would have been an employee if they were providing their services directly to the client) pay broadly, the same Income Tax and National Insurance contributions as employees. The ‘client’ refers to the organisation receiving the services of the contractor.
As of the 6th April 2021 these rules have been updated. Please follow the link to find out further details: https://www.gov.uk/guidance/understanding-off-payroll-working-ir35
January 2021 – UKCA Marking
The UKCA (UK Conformity Assessed) marking came into force on 1st January 2021. It applies to most goods that were or are subject to the CE marking. It also applies to aerosol products that required the ‘reverse epsilon’ marking.
The UKCA marking came into effect on 1st January 2021, however, there is some leeway given for businesses to prepare to the new requirements, you can continue to use the CE marking until 1st January 2023 in most instances.
More information can be found here: https://www.gov.uk/guidance/using-the-ukca-marking/
December 2020 – United Kingdom Internal Market Act
The United Kingdom Internal Market Act came into force (Royal assent) on 17th December 2020.
This Act ensures businesses can continue to trade goods freely across the United Kingdom following the departure from the European Union.
The Act determines two principles that apply to goods and services which are known as the ‘Market Access Principles’. The market access principles allow organisations to trade without additional barriers based on which UK nation they are in.
July 2020 – The Draft Building Safety Bill
The Draft Building Safety Bill is being put into effect to help make people feel safer in their homes, following the Grenfell tragedy.
An accountable person will be assigned to helping to keep residents safe in all high rise (18 metres and over) accommodations. They will be responsible for listening and responding appropriately to residents’ concerns and dealing with any problems that may arise.
To ensure that the accountable person(s) is conducting their role effectively, a new national building safety regulator for building safety within the HSE (Health and Safety Executive) will be appointed. More information can be found via; https://www.gov.uk/government/news/explained-the-draft-building-safety-bill
April 2020 – Covid-19 – Coronavirus Act 2020 / Health Protection (Coronavirus Regulations) 2020 etc.
The pandemic means that all businesses will need to adapt their way of working in accordance with the regulations providing a covid-19 risk assessment and other controls such as social distancing, regular cleaning, limiting visitors etc. Full information can be found via; https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19