As the saying goes: ‘There’s always one’. The bad apple that spoils the whole barrel. In construction, sadly, there are a lot more than one.
Andy Roe, chair of the Building Safety Regulator, called them out this week. In place of bad apples, he talked about ‘bad actors’ who would be the focus of the new enforcement approach he intends to roll out next year.
Lord Roe talked about the “total system failure” that led to the Grenfell Tower fire, including “manufacturers who lied” and every public and private organisation involved in the botched project that led to 72 deaths.
However, he acknowledged that the industry’s response to the work of the Regulator “has been overwhelmingly good”, but there will always be a minority who don’t care – bad apples who spoil the whole project.
"I'm not interested in finger-pointing, I'm interested in our responsibilities and what we do to lead change. And, to their credit, there are many in the construction industry who want to do the same,” said Roe.
“But there will be bad actors, so we're looking at a slightly more vigorous enforcement policy to roll out next year. We will come for you if you're a bad actor [that’s the message]."
Positive response
BESA prides itself on being part of that movement to “lead change” and Lord Roe’s commitment to supporting that with stronger enforcement is just what we – and other like-minded organisations – have been calling for.
Since its formation three years ago, our Building Safety Act Advisory Group has united the supply chain in support of the legislation with practical measures for the industry to adopt. Its work has included developing the Guidance Framework for Principal Contractors, leading the Play it Safe campaign to improve understanding of duty holder roles and responsibilities, creating the BESA Building Safety Act Hub, and authoring the multi-industry Client’s Guide to the Building Safety Act.
BESA has also produced practical guidance on demonstrating competence through Skills, Knowledge, Experience and Behaviours (SKEB), including occupation specific competence guides.
In partnership with the Industry Competence Committee, we have also delivered annual industry research that tracks the sectors progress from awareness to implementation. The findings shape our workstreams, helping us to identify where industry is struggling and develop practical guidance, tools and resources that help accelerate adoption at an operational level.
Alongside this, we are an active policy contributor through Government consultations and membership of several ICSG committees. However, all this work needs to be backed up by stronger enforcement to root out the bad apples and level the playing field for the organisations and individuals who are adopting the positive measures BESA has been championing.
That's why Lord Roe's commitment to creating a firmer regime is welcome.
We also recently endorsed his stark warning to main contractors that they must tighten up the way they manage and oversee their supply chains. He said those at the top of the chain bore a responsibility for ensuring sub-contractor quality, competence and compliance i.e. no bad actors.
He promised (threatened) a specific focus on this area as projects move from gateway two design approval towards gateway three completion because better designs will not keep people safe unless they are delivered on site by companies who care about their work, invest in competent people, and ensure the right ‘behaviours’ among their direct and indirect workforces.
Legislation alone won’t deliver culture change – but the right behaviours will.
Demonstrating the competence and quality of the supply chain is no longer an option, it is a fundamental part of meeting legal duties. It is also key to running a successful and profitable business. Who, in the current climate, would want to appoint a contractor who cannot provide evidence of their competence and compliance?
For our part, BESA’s Member Pledge initiative continues to grow. It supports those companies who are committed to putting professional and technical competence at the heart of their operations — and requiring the same standards from their supply chains.
This has led to more supply chain firms applying for membership so they can demonstrate competence and compliance through BESA’s unique independent technical audit system. The Association’s Competence Assessment Standard (CAS) is aligned with the Build UK Common Assessment Standard and has been updated to align closely with the requirements of the Building Safety Act.
The audit process focuses specifically on whether companies can "actually do the job" to which they were being appointed. Companies are re-audited every three years – or more often where required – giving clients stronger assurance that contractors not only meet quality requirements but are technically competent to carry out their role.
The business assurance part of the audit ensures companies have the right processes in place to monitor what is really happening on a day-to-day basis on site. This is the crucial practical aspect that Lord Roe has identified because competence is not a static objective, it is something that must be constantly and actively managed.
Bad actors/apples need not apply.
Hopefully, Lord Roe’s new enforcement regime will tackle those who are not interested in changing; and the rest of us can continue to focus on driving quality standards through supply chains populated by people who want to be part of a better industry.
Being able to prove that you are not one of Lord Roe’s ‘bad actors’ but an organisation that actively contributes to a more competent and compliant industry strengthens the commercial position of your business – so doing the right thing is also doing the profitable thing.
For more information and targeted guidance visit BESA's Building Safety Act Hub.