A lack of contract awards and planning approvals has suggested that the increased activity in the construction industry that arose after the pandemic restrictions were lifted, has come to a halt.

Recently a number of construction and engineering-based projects have been in the news as some workers involved suffered from work-related injuries.

Tunnellers were trapped by a fire while working on HS2 in the Chilterns. In another incident, two workers became injured, one critically and were hospitalised during a collapse of a steel framework at Hammersmith Town Hall, in London. And in a recent court judgment, Network Rail received a £1.4 million fine after its workers sustained life-changing injuries in an on-site accident.

These incidents, although thankfully infrequent, remind us that health and safety in the construction and engineering sector continues to be a top priority for employers. Here, Ola McGhee, a Solicitor and employment law expert provides an overview of the key legal considerations employers need to bear in mind:

Understanding the Health and Safety legislation

Since 1974, the Health and Safety at Work, etc Act 1974 (HSWA) has been in place to put legal responsibility on all employers “to ensure, so far as is reasonably practicable, the health, safety, and welfare at work” for all their employees and people working on their sites.

To encourage ‘Successful Health and Safety Management’, the Health and Safety Executive (HSE) released guidance which consisted of its slogan ‘Plan, Do, Check, Act’. This motto promotes the need for construction bosses to think out their projects and consider any risk factors.

What other legislations must construction bosses consider?

When planning and performing any work, some more laws must be considered and obliged, such as the following:

The Building Act 1984 – “secure the health, safety, welfare, and convenience of persons in or about buildings and others who may be affected by buildings or matters connected with buildings”.

• The Construction Design and Management Regulations 2015 – read about it here.
• The Construction (Head Protection) Regulations 1989
• The Health and Safety (Consultation with Employees) Regulations 1996
• The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013

Additionally, now that the UK has left the EU, many UK legislations now longer follow EU law and have therefore experienced changes.

If you need to learn more about these laws or want advice on conducting a risk assessment, please get in touch with us for advice.

The long-awaited Building Safety Bill has received Royal Assent, almost five years after the Grenfell Tower disaster which prompted the root and branch legislative review.

The new legislation not only aims to improve building standards and the safety of residents but also protect leaseholders from the remedial costs of replacing unsafe cladding.

The Bill was lauded as the “biggest change in building safety legislation in our history” by Minister for Building Safety, Stephen Greenhalgh.

Amongst the new regulations are legal requirements to ensure:

• Individuals responsible for safety during the design, build and occupation of a high-rise residential building are clearly identified                                                                                         
• Residents are provided with a range of clear routes to raise concerns about safety, and ensure their concerns are heard and taken seriously                                                                       
• Compensation for substandard workmanship and unacceptable defects are clearly laid out

At the heart of the Bill’s reforms, is the creation of the new Building Safety Regulator. Under the auspices of the Health & Safety Executive, it will be responsible for:

• Implementing new, more stringent regulations for higher-risk buildings                              
• Overseeing the safety and performance of all buildings                                                       
• Assisting and encouraging competence among the built environment industry, and registered building inspectors                                                                                                                

Adam Davis, a Director with Palmers Solicitors and Head of Construction Law, said: “Although the Bill has now passed into law, in practice the Government has admitted that it could take between 12 and 18 months for all aspects of the new legislation to be fully introduced. Nevertheless, the onus is now on the sector to ensure that it abides by the new rules.”

For more information on the specialist legal support we are able to offer the construction sector or for help and advice on the new building safety legislation, please get in touch with us.

Banter can be a controversial subject. To some, it is simply light-hearted teasing that a team can bond over. Yet to others, it can be interpreted as being a hallmark of a hostile workplace culture where bullying is rife.

Interpreting which actions cross the line and which do not is a tightrope, and as an employer you need to tread carefully to ensure workers are protected from unacceptable behaviour.

Samantha Randall, an Associate Solicitor with Palmers, who specialises in employment law, said: “Workplace harassment is defined as: “unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.

“The problem is that one person’s “banter” can easily be another person’s “harassment”.

“The biggest employment law risk is when things touch on protected characteristics under the Equality Act.”

According to the Equality Act, the following characteristics are protected by law:

• Age
• Gender reassignment
• Being married or in a civil partnership
• Being pregnant or on maternity leave
• Disabilities
• Race including colour, nationality, ethnic or national origin
• Religion or belief
• Sex
• Sexual orientation.

Samantha added: “The widespread use of technology and social media means that the risks of workplace harassment are compounded, due to increased communication between employees outside the workplace, whether by way of video calls or through text messages or instant messaging apps.

“As an employer, you should have in place a clear bullying and harassment policy so if a worker feels they are the subject of bullying or harassment, they are able, in the first instance, to raise the matter internally.  

“It is important to take all complaints of harassment seriously, particularly if it is an allegation of bullying in relation to a protected characteristic under the Equality Act, as a failure to do so could lead to legal action and a possible employment tribunal.”

For help and advice on all aspects of employment law, please get in touch with us.