Health and safety | UK Regulatory Outlook February 2024

Consultation launched on standard tiers under the Terrorism (Protection of Premises) Bill

The UK government has launched a consultation on the requirements proposed in relation to standard tier premises under the Terrorism (Protection of Premises) Bill. It follows on from the Select Committee's report, published in July 2023, which raised concerns about the significant burden on venues that would fall within the standard tier (those with capacity of 100 to 799).

The consultation closes on 18 March 2024 and those dutyholders who fall within the standard tier should use this opportunity to share their views on this. Additionally,  for those in the enhanced tier (capacity of 800 or more), it may be worth engaging with this consultation, as duties imposed on standard tier dutyholders will form a baseline for duties to be imposed on enhanced tier dutyholders.

ONS report reminds businesses of importance of mental health

The Office for National Statistics this month published its labour market overview. The figures were analysed by the Health Foundation Commission, which found that that 2.8 million people aged 16-64 are not in the workforce due to ill health. This is a record high since 1993. This provides businesses with a timely reminder of the importance of employee mental health and of ensuring measures are in place to mitigate these risks. See our earlier Regulatory Outlook for more on mental health.  

Building safety

Higher-Risk Buildings (Keeping and Provision of Information etc) (England) Regulations 2024

The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024 were made on 13 January 2024. They outline what information and documents the Principal Accountable person and Accountable Persons must keep and share as "golden thread information" with those who have an interest in relation to a higher-risk building.

The explanatory memorandum provides a helpful outline of the requirements of these regulations and should be read in conjunction with the regulations.

Regulations on duty to assess and manage safety risks

New regulations have brought into force certain sections of Part 4 of the Building Safety Act 2022 from 16 January 2024 and provide the framework for the ongoing duty to assess and manage safety risks in occupied higher-risk buildings. These include:

• The duty of a Principal Accountable Person for an occupied higher-risk building to apply for building assessment certificates when requested to do so by the Building Safety Regulator;
• requirements to develop and maintain building safety case reports;
• ongoing assessment and management of building safety risks;
• reporting requirements and maintaining information about higher risk buildings;
• engagement with residents and duties imposed on residents not to create building safety risks, interfere with safety equipment and to comply with reasonable building safety requests made by Accountable Persons.

Those owners and managers who fall within the scope of these regulations need to ensure that they fully understand their legal duties and what measures they need to take to assess and manage safety in their buildings.