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On Wednesday 4th September 2024, the Grenfell Tower Inquiry published its Phase 2 Report into the circumstances leading up to and surrounding the fire at Grenfell Tower on 14th June 2017, which resulted in the deaths of 72 people.
A damning report
The 1700 pages report highlights failures by the government, local authorities, contractors, and manufacturers, citing incompetence, dishonesty, and greed. According to the inquiry chair, Sir Martin Moore-Bick, those named in the report bear different degree of responsibility for the disaster, yet each contributed to the tragedy in one way or another.
Considering the thorough assessment of failings involved and the extent of recommendations provided in the report, it seems fair to assume that significant changes to legislation will follow; however, since it took 7 years for the final report to be published, it is unlikely this will happen very soon.
The deaths of the 72 people in the Grenfell Tower fire were deemed avoidable, with multiple parties failing in their responsibilities over the years.
Amongst those identified to have failed in their responsibilities are:
The key findings of the report include, amongst others:
The final report includes almost 60 recommendations, many of which are focused on the construction industry.
The key recommendations include:
The Inquiry panel also recommends that the Government should maintain a record of recommendations made by public inquiries and select committees, describing the steps taken in response to or the reason for not accepting a recommendation, and report annually to parliament. The record should be publicly accessible.
Over the course of Phase 1 and Phase 2, the Grenfell Tower Inquiry (opened in September 2017) has disclosed over 320,000 documents, took over 1600 witness statements and held more than 300 public hearings. The investigation revealed failures by the government, local authorities, contractors, and manufacturers and provided an extensive list of recommendations which aim to ensure tragedies like the Grenfell fire will never repeat.
The participant in this article has chosen to remain anonymous and will be referred to as Emily for the purposes of this story.
Last year, Emily was referred to our charity’s Restart Scheme by the Job Centre with the hope of finding part-time, sustainable employment.
At the time, Emily was studying at college, attending four days a week while completing a course in Media Hair and Make-up.
As a single mother to her 7-year-old daughter, Emily faced childcare challenges. Her daughter’s school didn’t offer an after-school club, and her daughter was uncomfortable with a childminder. This prompted Emily to consider self-employment as a solution, offering her the flexibility to balance work and childcare.
Equipped with a driver’s license, her own transport, and an updated CV, Emily was ready to explore new opportunities. During their conversations, Emily revealed that she had been managing anxiety. With this in mind, Gemma offered her information about accessing a mentor through Newground Together for additional support. Emily was grateful for the suggestion and agreed to consider reaching out should she require extra guidance.
After completing her college course in July 2023, Emily began focusing on finding a more stable job. Having worked as a Wellbeing Worker and Healthcare Assistant before, she naturally leaned towards exploring opportunities in similar fields. Gemma, always supportive, recommended the Aspire Education Course, which equips people for roles in school support. Emily decided to give it a go, and after finishing the course, she immediately started searching for teaching assistant and school support positions through specialised recruitment agencies.
Alongside Gemma’s support, Emily also received guidance from the employer engagement officer, who helped her find job vacancies that suited her childcare needs. Together, they identified a position at East Lancashire Hospice, and with Gemma’s assistance, Emily successfully navigated the application process.
After her interview, Emily was delighted to be offered the role of Healthcare Assistant and started working at East Lancashire Hospice in January 2024. To help make the transition smoother, she received financial support to cover her travel expenses until her first pay came through.
Now, she’s thriving in her new job, successfully balancing both her career and family responsibilities.
Jurisdiction: Republic of Ireland
Commencement: 1st October 2024
Amends: Road Traffic Acts 1961 – 2024
The Road Traffic Act 1961 applies to vehicles on public roads.
General requirements for vehicles
Part 2 sets out the general requirements for vehicles including maximum allowable weights, the requirement to weigh certain vehicles, vehicle permits, the requirement to test vehicles, and the powers of the Garda Síochána to examine, inspect and test vehicles.
Driving licences
Part 3 sets out information on the application, granting of and disqualification of driving licences. It also covers certificates of competency.
Speed limits
Part 4 outlines the speed limits that can be applied to public roads.
Offences
Part 5 sets out a series of driving offences. It is an offence to:
Compulsory insurance of mechanically propelled vehicles
Part 6 sets out the obligation for drivers to be insured when driving a vehicle on a public road.
Control and Operation of Public Service Vehicles
Part 7 allows the Minister for Local Government (‘the Minister’) to make regulations concerning the control and operation of public service vehicles*.
*A public service vehicle is any vehicle used to transport a person for reward (i.e. payment).
Regulation of traffic
Part 8 establishes rules for the regulation and control of traffic and pedestrians in public places. This includes traffic signs and the prohibition of traffic from using footways.
Penalties
Part 9 sets out notices and penalties for committing an offence. It also sets limits for continuous driving.
From 1st October 2024, the time period within which a vehicle insurer has to notify the Minister when a vehicle is a danger to the public when in motion, or is beyond repair, is increased from 5 working days to 10 working days.
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Jurisdiction: Wales
Commencement: 3rd June 2024
Amends:
A unified consent process is in place for a wide range of significant infrastructure types (both onshore and offshore) in Wales.
The significant infrastructure project types covered by this new consenting process are listed below, with links to definitions that determine when such an infrastructure project type would be classified as ‘significant’.
N.B. Only those infrastructure types above that meet the specific criteria to be classed as a ‘significant’ infrastructure project are within the scope of this Act.
Various duties apply.
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Jurisdiction: Wales
Commencement: 15th July 2024
Amends: Agriculture (Wales) Act 2023
The Agriculture (Wales) Act 2023 established a framework to ensure that land management in Wales is sustainable.
As part of this framework, 4 key objectives have been established.
*Ecosystem resilience refers to:
There are no duties for organisations; duties are held by the Welsh Ministers.
Section 24 (Agricultural Holdings: dispute resolution relating to financial support) is brought into force on 15th July 2024.
This amendment has no direct environmental relevance.
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Jurisdiction: Republic of Ireland
Commencement: 1st July 2024
Amends: Waste Management (Food Waste) Regulations 2009
The Waste Management (Food Waste) Regulations 2009 are designed to promote the segregation and recovery of food waste arising from the commercial sector. They aim to increase the amount of food waste that is recovered in Ireland.
The requirements apply to the following classes of business where food is prepared or supplied on the premises.
N.B. Mobile food outlets, such as vans and caravans are exempt from these requirements.
Various duties apply and are available to view on The Legislation Update Service.
All commercial premises (other than those specifically exempted) are obligated to segregate their food waste, so that bio-waste is either separated and recycled at source, or is collected separately, and is not mixed with other types of waste.
Schedule 1 is deleted to reflect these changes.
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With 100% of our business profits going directly to charitable causes through our parent charity, we spotlight a specific area of impact each month.
This month, we focus on how our charity’s Multiply programme, funded by your support, has helped Sam.
Sam was referred to the Multiply programme by his Employment & Skills (E&S) advisor to improve his maths skills. Being autistic and experiencing anxiety, he initially had very low confidence in speaking to others. He often spoke in whispers, hid behind his hand, wore a hat, and displayed signs of nervous anxiety.
When it came to meeting Sam for the first time, our team immediately worked out the best approach was short-term, one-on-one support sessions, specifically in maths. Over time, our charity began to build trust with Sam, using football as a way to break down communication barriers. As Sam began to open up, his self-awareness improved and his anxiety lessened.
Sam’s commitment and the personalised support he received resulted in remarkable progress in his maths skills. By December 2023, he successfully earned his Level 1 Maths qualification with an outstanding score. Although his participation in the Restart programme had concluded by then, Sam’s confidence had increased so much that he started contemplating employment.
But our charity didn’t want to stop there. Recognising Sam’s potential, they didn’t want to just stop supporting him. Therefore, the team introduced Sam to another one of our charity’s programmes, Next Steps Together (NST).
The NST programme gave Sam the opportunity to undertake an accredited employability course, where during the sessions, his confidence began to grow. Remarkably, Sam gave a short presentation as part of the course, a huge milestone for Sam considering the initial anxiety and reluctance to speak.
His previous Restart Advisor noted the dramatic transformation, barely recognising the new, more confident Sam.
Following a successful completion of the employability course, Sam went on to earn another qualification. Sam then took the leap and enrolled in an accredited ICT course. He is now finalising his portfolio for this course, which will earn him yet another qualification.
We’re so pleased to see the change in Sam and the impact our charity has had on him. Without your support, we really couldn’t do any of this.
Today, Sam demonstrates humour, increased confidence, and a positive outlook on his future. His journey from a nervous, withdrawn individual to a confident, proactive participant in various programmes highlights the transformative impact of personalised support and encouragement.
The Automated Vehicles Act 2024 (AV Act) received Royal Assent on 20th May 2024, paving the way for future laws allowing the use of fully automated vehicles on British roads.
The AV Act provides the framework to enable the use of advanced vehicle technology, with the Government expecting that self-driving vehicles could be permitted on public roads from 2026, improving both road safety and the economy.
The Act provides a framework of general requirements, as such, it is expected that the Secretary of State will introduce additional regulations over the next couple of years to establish specific requirements for:
The Act is extensive, considering both occupied and unoccupied vehicles, as well as the use of automated vehicles for passenger services, introducing terms such as:
Improving road safety is a huge part of the rationale behind the use of automated vehicles. Government data reveals that there were over 330,000 road traffic accidents on British roads in 2022, resulting in 1711 fatalities and over 135,000 casualties.
The Occupational Road Safety Alliance estimates that 94% of road traffic accidents are caused by human error, so the use of technology to minimise human error could significantly reduce the level of harm posed by vehicles.
The use of automated features under the AC Act will only be authorised where they are tested, and approved, as meeting safety requirements and perform to a level equivalent to that of a careful and competent driver.
Vehicles form an integral part of the British economy, it’s estimated that there are over 41 million licensed vehicles on roads across the UK, of which 5 million are commercial vehicles. Factoring in the millions of people that also use their own vehicles to commute, or as work vehicles (grey fleet), in addition to the use of public road transport and taxis, the impact of automated vehicles over the next decade could be a true inflection point for road transport.
The use of automated vehicles also presents potential environmental benefits through journey optimisation and efficiency, reducing traffic congestion and minimising traffic jams following driver-error accidents. Alongside the movement towards less polluting vehicles, the environmental and public health benefits of a transition to the use of automated vehicles could be significant.
Previously a distant reality, we have seen vehicle manufacturers take huge steps over the past decade in introducing driver assistance and automation features in vehicles, which will support the transition to fully automated vehicles. The EU has already introduced requirements for advanced vehicle safety features such as intelligent speed assistance, emergency braking systems which detect other vehicles and road users, and emergency lane-keeping systems.
Whilst the AV Act is a very significant step towards the widespread use of automated vehicles, it will require a multitude of additional regulations to be introduced before we see truly driverless vehicles on roads. The Government has confirmed consultations on the use of automated vehicles will be held throughout 2024 and 2025, however it remains to be seen whether this is impacted by the 2024 UK General Election and future Government commitments.
You can view the entry for the AC Act on the Legislation Update Service here, we will be including updates on consultations and regulations published in support of the Act over the foreseeable future on LUS and recommend keeping an eye out for developments.
Alternatively, non-subscribers can view the full legislation here.
When products are made available or distributed in the UK or EU they must comply with relevant quality, safety, environmental and technical standards. For some products, this requires a product conformity assessment (PCA) and marking to validate that the product is compliant with applicable standards and legislation.
The main application and requirements relating to product conformity assessments and labelling are summarised below.
Manufacturers can perform their own PCA for some products, but higher-risk or safety-critical products require assessment by an independent conformity assessment body (CAB) authorised by the relevant jurisdiction.
Product categories which require independent assessment include:
In addition, ecodesign requirements (such as minimum energy efficiency and emission limits) apply to some products such as lighting, electrical devices and heating or cooling equipment. Likewise, certain construction products must meet designated standards.
The main duties for product conformity lie with the product’s manufacturer or importer who must ensure that:
Distributors also play a key role and are required to:
Products which require conformity assessment must be clearly labelled with:
The main conformity markings and the products and markets to which they apply are outlined in the table below:
| European Union | Northern Ireland | Great Britain | |
|---|---|---|---|
| Products requiring safety, health and environmental conformity | CE | CE; or UKNI and CE | UKCA; or CE; or UKNI and CE |
| Aerosol dispensers and measuring container bottles | 3 (reversed epsilon) | UKCA; or 3 (reversed epsilon) | |
| Transportable pressure equipment | π (Pi) | P (Rho) | |
N.B. When the UK left the EU it was planned that CE and 3 (reversed epsilon marking) would be replaced by UKCA marking for the GB market. In 2023 it was announced that CE marking and 3 marking will be accepted indefinitely for products placed on the GB market. However, π (Pi) marking has been replaced by P (Rho) for transportable pressure equipment placed on the GB market.
Conformity marking is required for products where relevant health, safety and environmental requirements exist. A product must comply with all relevant requirements in order for conformity marking to be applied. Products requiring safety, health and environmental conformity assessment and labelling are listed in the table below.
| Products Requiring Safety, Health and Environmental Conformity in the EU / NI | Products Requiring Safety, Health and Environmental Conformity in GB |
|---|---|
| Toys | Toys |
| Pressure equipment | Pyrotechnics |
| Electrical and electronic equipment | Recreational craft and personal watercraft |
| Construction products | Simple pressure vessels |
| Pyrotechnics | Electromagnetic compatibility |
| Recreational craft and personal watercraft | Non-automatic weighing instruments |
| Explosives | Measuring instruments |
| Simple pressure vessels | Measuring container bottles* |
| Electromagnetic compatibility | Lifts |
| Non-automatic weighing instruments | Equipment for potentially explosive atmospheres (UKEX) |
| Measuring instruments | Radio equipment |
| Lifts | Pressure equipment |
| Radio equipment | Personal protective equipment (PPE) |
| Marine equipment | Gas appliances |
| Cableway installations | Machinery |
| PPE | Equipment for use outdoors |
| Gas appliances | Aerosol dispensers* |
| Medical devices | Low voltage electrical equipment |
| Fertilisers | |
| Drones | |
| Batteries | |
| Machinery |
*Aerosol dispensers and measuring container bottles can use either UKCA or the EU’s 3 (reversed epsilon) marking for the GB market.
The British Standards Institution’s Kitemark cannot be used to demonstrate legal conformity but is commonly used to indicate a product, including safety-critical equipment, has been independently tested and verified as meeting quality, safety and sustainability standards.
The UK Government and European Commission have published a range of standards to help organisations ensure that their products conform with requirements. It isn’t a legal requirement for manufacturers to apply the relevant standard to a product, but by doing so this will often be enough to demonstrate that their product is legally compliant.
EU and GB standards can be accessed using the links below:
Additional information
Additional guidance on conformity assessment and labelling can be accessed using the links below:
The 31st July 2024 marks the 50th anniversary of the Health and Safety at Work etc. Act (HSWA). We look back at its role in making UK workplaces some of the safest in the world and why it remains as the country’s single most important piece of occupational health and safety law.
By 1974, attempts to overhaul workplace health, safety and welfare in the UK were long overdue. Existing legislation was inconsistent and only applied to specific sectors and industries such as factories, agriculture, mines and quarries, leaving millions of workers with no legal health and safety protection in their workplace.
The Employed Persons (Health and Safety) Bill had been proposed in 1970, the same year the USA passed the Occupational Safety and Health Act into federal law, but concerns that that the Bill did not address key issues meant it would be another 4 years until the Act as we know it became law, following a committee of inquiry and the Robens Report being published in 1972.
HSWA introduced:
The HSE’s public register of convictions shows that during the past 12 months breaches of HSWA was involved in well over half of successful prosecutions and resulted in 8 of the 10 highest fines issued, of which all were at least £1 million.
At the heart of HSWA’s ongoing relevance is its simplicity in applying general duties to protect people. The most common section of HSWA breached resulting in prosecution and conviction is 2(1):
‘It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.’
Beyond the use of outdated gender-specific language in reference to an employer, the wording of duties under HSWA has been key to its ongoing effectiveness. The general duty to protect workers under section 2(1):
‘So far as is reasonably practicable’ requires that the level of effort in protecting workers (and others through wider duties) is proportionate to the level of risk of harm, i.e. it would be expected that employers invest more time and money in controlling hazards where the level of risk is higher.
Unlike in other criminal prosecutions where a defendant may be presumed innocent until proven guilty, where there is a breach of duty under HSWA, it is up to the defendant to prove they fulfilled their duty in a way that was reasonably practicable.
There have been discussions over the years about modernising the Act, in particular some of the wording, but it’s not expected that the new UK Government will look to overhaul an Act which continues to be as effective today as when it was passed by a new UK Government 50 years ago.
The Compliance People provide tools, support and advice, helping organisations manage their environment, health & safety and quality compliance obligations. As a social enterprise, all of our profits are donated to charity for the benefit of communities and environments around us.
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