07/09/2020
4th September 2020
Breaches to Covid-19 safe working requirements decreased by 41% on construction sites between 1 June and 31 August according to the Building Safety Group, which reports that more companies are successfully adapting to new ways of working.
The group identified 131 breaches in June followed by 107 in July and in August the number fell to 77. The figures are based on 4400 independent site investigations carried out by the group across the UK.
Lawyers have welcomed the downward trend. Addleshaw Goddard legal director Adrian Mansbridge said:
“The figures suggest that the construction sector’s existing risk management procedures have largely been successfully adapted to the novel risk that Covid-19 presents.”
Fisher Scoggins Waters limited liability partner Michael Appleby said:
“Construction was one of the first industries to return to work and so perhaps these figures are evidence that it is adapting to the new ‘normal’.”
Among the most common types of Covid-19 non compliances reported by the group’s safety advisers over the last three months has been management of operatives not following social distancing guidelines. Current guidance requires workers to stay two metres apart, or one metre with risk mitigation where two metres is not viable.
Inadequate welfare facilities on site with insufficient cleaning regimes, not enough hand sanitising stations on site and too many operatives in the canteen area with insufficient segregation are also reported as common areas of non compliance, while further concerns include PPE not being available when required and old versions of Site Operating Procedures being used.
Building Safety Group managing director Stephen Bell commented:
“We are pleased to see that Covid-19 breaches have fallen since we began risk assessing companies’ prevention measures to counter the coronavirus.”
But he emphasised: “Although we expect this downward shift to continue, now is not the time to become complacent so it is vital that our industry remains vigilant and continues to follow government Site Operating Procedure guidelines.”
Adrian Mansbridge of Addleshaw Goddard said:
“We take the view that close attention should continue to be paid to industry best practice from authoritative sources, such as the Construction Leadership Council, in light of the evolving state of knowledge.
“The industry should also pay close attention to the introduction of countervailing risks as a result of Covid-19 control measures, for example does increased social distancing and reduced tool sharing create additional risks around manual handling and vibration at work, and are these adequately addressed by existing procedures,” he questioned. “Close scrutiny should also be paid to the use of ‘local lockdowns’ and resulting targeted inspections by safety regulators with reference to local Covid-19 rates.
“A failure to take appropriate Covid-19 precautions can have serious consequences ranging from disrupted site operations as measures are implemented to a formal enforcement notice and even prosecution, consuming management time and resource and potentially leading to an unlimited criminal fine."
Michael Appleby of Fisher Scoggins Waters said:
“The industry needs to keep abreast with the government’s guidance: ‘Working safely during Covid-19 in construction and other outdoor work’ is now in its eighth version. It is important when considering Covid-19 control measures not to overlook their impact on the control measures for other health and safety risks in your business,” he added.
“When dealing with Covid-19 control measures in the workplace it appears the most common action taken by HSE is to provide verbal advice or write a formal enforcement letter,” he emphasised. “Given that the consequences of infection for most people are not usually serious, this will be seen as a proportionate application of the law. It also needs to be borne in mind that none of the many guidelines on Covid-19 risk controls in the workplace have a statutory status.”
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.