ASSOCIATION NEWS
P&D EMPLOYER SENTENCED AFTER WORKER FALLS FROM HEIGHT
Last year a Northamptonshire painting and decorating employer was sentenced after an employee sustained serious, life changing injuries after falling from height. Wellingborough Magistrates’ Court heard that, on 7
CLC ENDORSE BUILD UK RETENTIONS ROADMAP
THE PRACTICE OF withholding cash retentions within the construction sector is controversial. Within the industry and amongst its clients, views are divided as to whether these are an effective and cost-efficient means of providing surety against defects, or whether these are an outdated practice that increases cash flow pressure on firms in the supply chain and should have no place in a modern industry. The loss of an estimated £223m of retention payments each year due to insolvency alone also has an impact on industry cash flow, funds for investment and profitability. Whilst there is no clear consensus as to what should
replace retentions, there is a clear majority that believes the current situation requires reform. In recognition of that, the Construction Leadership Council is endorsing the Build UK Roadmap to Zero Retentions as a means of improving the transparency and fairness of payment practices in relation to retentions. This will build upon CLC policy, as set out in the 2014 Construction Supply Chain Payment Charter, that the industry should work towards the abolition of cash retentions, with the objective of moving to zero cash retentions by 2025. The Retentions Roadmap proposes moving towards
zero retentions by 2023, and no later than 2025, and includes key milestones, including publication of retention policies by public and private sector clients, and the introduction and adoption of the Build UK Minimum Standards on Retentions, which incorporate and build on the Payment Charter commitments. The CLC believes this approach will enable the
industry to make progress towards the objective of achieving zero cash retentions by 2025, whilst also allowing the industry and its clients time to adapt, to minimise the impact on cash flow, to put in place alternative surety arrangements, and to improve standards of quality within the industry. Therefore, the CLC urges firms within the industry and construction clients to support the Roadmap and adopt the minimum standards, as a pragmatic means of improving prompt and fair payment practices and helping to create a stronger and more sustainable industry.
August 2018, an employee of Ian Ramsay was severely injured when he fell from height whilst installing a roof ladder on a pitched roof at a property in Mawsley, Northamptonshire. The fall resulted in the employee being permanently paralysed from the chest down. The homeowners hired Mr Ramsay to paint the exterior
windows and soffit boards of their property, including the painting of dormer windows within their roof. The employee was in the process of setting up ladders to access the dormer windows when he fell from height. An investigation by the Health and Safety Executive
(HSE) found that the incident could have been prevented if the work at height hierarchy had been followed in the planning process and if appropriate equipment had been provided to employees, such as fully compliant scaffolding. The risk assessment should have identified that this work was not short duration and that the use of ladders was not appropriate.
Ian Ramsay of Padmans Close, Mawsley,
Northamptonshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. He was sentenced to a 12-month community order, 160 hours of unpaid work and ordered to pay costs of £2,124.28 with a surcharge of £85. Speaking after
the hearing, HSE inspector
Rachel Grant said, “Employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. “This includes using the right type of equipment for
working at height. In this instance, the painting of the soffits and windows was not short duration work and should have been done from appropriate work platforms. Ladders were not the appropriate equipment.”
THE IMPLICATIONS OF BREXIT – KEEP UPDATED
Leaving the EU on 31 January marked a big step in the future for the UK, but it is very much the beginning and not the end of the journey. From 1 February the UK moved into the transition period which at the moment is set to end on 30 December 2020. During this period, the UK's trading relationship with the EU will remain the same while the two sides negotiate a
free trade deal. At the same time, many other aspects of the UK's future relationship with the EU – including law enforcement, data sharing and security – will need to be agreed. There is a tremendous amount of work which will need to be undertaken if the UK is to leave the transition period with a trade deal set up with the EU. If a trade deal is ready in time, the UK's new relationship with the EU can begin immediately after the transition. If
not, the UK faces the prospect of having to trade with no agreement in force. This would mean checks and tariffs on UK goods travelling to the EU. As a member of Build UK, the PDA has access to information and advice for firms and individuals working in the
construction sector. The Build UK website contains lots of information and checklists across a wide range of areas where businesses may be affected by Brexit. You can access the information through the PDA Member area, and follow the links to BuildUK to the website
brexit.builduk.org We will continue to get updates from the government and sector on any implications of trade negotiations and how
they may affect the painting and decorating sector. These will be posted on the PDA website, Facebook page, The Decorator magazine and also through the fortnightly Member news email.
For further information please visit 8
www.constructionleadershipcouncil.co.uk
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