Newsletter Autumn 2006
Taking rest breaks The Working Time Regulations set out minimum rest break periods (11 hours uninterrupted rest per day, 24 hours uninterrupted rest per week, plus a 20 minute break if the employee works more than 6 hours in a day). The existing DTI guidance suggests that employers aren’t required to ensure workers actually take their breaks-but the European Court of Justice has recently said that this is wrong. You should therefore actively encourage employees to take rest breaks.
Fire safety-the new law The Regulatory Reform (Fire Safety) Order 2005 came into force on 1 October, and is the most radical change to the law in 30 years. The old concept of fire certificates and regulation by fire officers has now gone, to be replaced by a scheme of self-certification. It applies to all non-domestic dwellings, and requires the “responsible person” to undertake a risk assessment and to implement any measures necessary. You should check with your insurer to see if it has any special requirements that you need to satisfy for cover to be effective, and if you lease your building check with the landlord to see what it is going to ask you to do. Many older leases will not make clear who is responsible for what-if you are unclear about your obligations, check with us for advice (call Ian Torr on 0115 977 5800).
Listed buildings the government has issued new guidance recently to local authorities aimed at more enforcement of the existing regime. Bear in mind that the obligations bind every owner, even a purchaser that didn’t know a building was listed, and a breach can be remedied by applying for retrospective listed building consent. If you receive an enforcement notice or something similar, this should be your first step. No enforcement action can be taken until the application is determined. Also remember that many people believe that listing applies only to certain aspects of a building and that it depends on the grading. This is not true-everything in buildings of all grades are protected unless it can be shown that the feature does not contribute to the special interest of the building. Specialist guidance may be necessary if you are planning to buy or work on a listed building.
DIY builders a delivery driver was injured when he fell into a hole dug by a DIY’er. The Court held that the works were so extensive the householder owed a duty which was very similar to a professional builder. If you are planning to do a big job yourself, make sure your insurance covers you for accidents like this!