Legal Update - Grenfell, BSR And Standing At Football
15 November 2022
2022 Workplace Fatality Figures Published
The HSE published its 2021/22 workplace fatality figures on 6 July, showing that 123 workers died in work-related accidents in the UK between April 2021 and March 2022. The industries identified as having the most deaths were; construction (30); agriculture, forestry, and fishing (22); and manufacturing (22). The most common causes were falling from height and being struck by moving vehicles/objects. Whilst the statistics serve as an important reminder to businesses of the importance of safe systems of work, the HSE has reported a long-term downward trend in fatal accidents and that the UK is one of the safest countries in the world to work.
The Introduction of Safe Standing Football Stadiums
In July, the Government announced that for the 2022/23 season, Premier League and Championship football clubs may introduce licensed “safe standing” areas at their stadiums, allowing fans to stand in allocated spaces behind barriers/rails in areas of persistent standing. Standing areas were previously banned following Lord Justice Taylor’s report into Hillsborough, however, a report by the Sports Ground Safety Authority last year concluded such areas delivered a positive impact on spectator safety. Many clubs have since confirmed that they will adopt safe standing, including those with some of the largest UK stadiums, such as Tottenham, Manchester United, Manchester City, and Chelsea.
Post-Grenfell Tower update
The Building Safety Act 2022 received Royal Assent in late April, however, only certain provisions have come into force, including those relating to defective construction products, the extension of limitation periods for claims under the Defective Premises Act 1972, Liability Orders, and architects’ disciplinary matters. The remainder ancillary regulations are set to come into force within the next 18 months. The Act and regulations introduce a new regime of building and fire safety.
Earlier this year, the High Court determined that a building contractor must pay £10.8 million in damages towards the cost of investigating, removing, and replacing unsafe cladding in respect of 4 residential tower blocks on which it carried out installation works. Whilst the case was decided prior to the Act receiving Royal Assent, it creates a precedent that is likely to be used in similar high-profile claims relating to combustible cladding, following the Grenfell Tower disaster and the enactment of the Act and ancillary regulations.
Building Safety Regulator (“BSR”) Consultations
From April 2023, the HSE will be operating as part of the BSR and, as such, has called for views on the proposed operational standards rules (“OSRs”) that it is developing for building control bodies. The consultation will also look at BSR monitoring arrangements, including reportable data and KPIs for building control bodies. The HSE intend to finalise and launch their proposals by spring 2023.
Separately, the BSR has consulted on the proposals for the Building Safety (Fees and Charges) Regulations and an underpinning charging scheme, with the proposals set to be finalised and launched in April 2023. It is proposed that the BSR will be able to use cost recovery to source its funding under the Regulations. As a result, it is intended that the BSR will charge fees and recover charges for, or in connection with, carrying out its relevant function. This includes recovery of any expenses or costs incurred by the relevant authority or appointed third party as a result of any required action needed to comply with a BSR request for assistance.
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