CABLEtalk April/May 2018

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HERS VOUCGE 47 PA

In the pink

Delighted schoolgirls hit new heights with CABEC victory PAGES 42-43

18

What is GDPR? And are you ready for it?

20

Test your skill with our next technical update

34

Slaying the many myths about FICA

CONTENTS APRIL/MAY 2018 NEWS

06

Catch up with all the latest from SELECT and the wider industry

OPINION

TAX CREDITS

16

20

Bob Cairney continues his in-depth technical update

MD Newell McGuiness: What

13

Alan Wilson: Protection of title will protect the whole of Scotland

regulated lobbying means for us

FEATURES

We reveal how your business could cash in on innovation

TESTING

05

FICA

34

Elaine Ellis puts an end to myths about assessment

14

Barbara Melville on encouraging more women into the workplace

18 24 25 26 29 30

GDPR is coming...but what is it?

And is your business ready for it?

Revealed: The hot topics up for discussion at Toolbox Talks 2018 Improve your leadership skills with new management course Jim Cornwall continues his focus on the hidden threat of asbestos What is lobbying? And how could new laws affect how we all do it?

How to stay ahead of the curve in the ever-changing alarm world

ELECTRIC SHOCKER

33

Malcolm Duncan puts more bad practice under the microscope

FOCUS

36 38

Rudi Klein: How we must pick up the pieces after Carillion calamity Len Bunton looks at the painful issue of termination by employer

PRODUCT SHOWCASE COVER STORY

42

Schoolkids are put through their paces in final of CABEC

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The latest solutions, plus helpful advice from BDO and MacRoberts

DIARY

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Meet a Member, catch up on new events and enter our competition CABLEtalk

APRIL/MAY 2018

3

COMMENT

Lobbying: Is there anyone listening?

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epresentational work is a key activity of any leading trade association. Sometimes referred to as lobbying, representational work for SELECT means putting forward the collective position of Members, generally to government, regulators, other opinion formers and the media. Its role is to inform, educate and hopefully influence, with the objective of reaching optimal policy decisions.

Now, in Scotland, certain representational work will be regulated. From 12 March 2018, the Lobbying (Scotland) Act 2016 required “regulated lobbying” to be recorded in a new lobbying register.

“Regulated lobbying” is lobbying that takes place face-to-face with MSPs, members of the Scottish Government, special advisers or the Permanent Secretary on matters which relate to Scottish Government or parliamentary functions.

SELECT is fully behind anything that supports transparency and openness and has already registered, but whether or not this latest initiative will add any value to legitimate campaigning remains open to question.

SELECT seldom engages directly with MSPs or ministers and tends to do most of its representational work with government officials, staff in regulatory agencies and civil servants, although ministers and MSPs occasionally invite input.

“...whether or not this latest initiative will add any value to legitimate campaigning remains open to question”

What is lobbyin g?

Page 29

So any opportunity for the new requirements to provide an easier, or indeed worse, path to politicians or to deliver different outcomes seems limited, because what we do is largely not regulated lobbying.

More relevantly perhaps, will this new Holyrood focus on representation mean that the people we do lobby will be more open or listen a little more attentively?

Let’s hope so, because the recent predictable collapse of Carillion clearly shows only lip service has been paid to the frequent representations we, and many others, have made over the years about the dysfunctional nature of the business model of many large contractors. This is typified by their use of sub-contractors as de facto banks, with retention monies and due payments often being delayed or withheld.

Surely, in the wake of the Carillion, now is the time for action? SELECT and the Scottish Specialist Engineering Contractors Group recently met the Minister for Business, Innovation and Energy, Paul Wheelhouse, and suggested a couple of easy ways to achieve this.

Our proposals were to ensure all retention payments are put into a protected trust fund and for the threshold for Project Bank Accounts to be reduced to £2 million. It was also proposed that all public sector procurers introduce a yellow/red card system to encourage lead contractors to pay their supply chains within 30 days.

The industry has been calling for fairness in the supply chain for a long time. Let’s hope our latest lobbying is now listened to.

By Newell McGuiness Managing Director, SELECT CABLEtalk

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NEWS SELECT

CABLEtalk MANAGING EDITOR Alan Wilson alan.wilson@select.org.uk PRODUCTION CO-ORDINATOR Demi Armstrong demi.armstrong@select.org.uk EDITOR Iain Mason iain@connectcommunications.co.uk 0141 560 3022 PUBLISHER Connect Publications DESIGN & PRODUCTION Ryan Swinney ryan@connectcommunications.co.uk ADVERTISING David Hughes davidh@connectcommunications.co.uk 0131 561 0022 Jane Deane jane@connectcommunications.co.uk 0131 561 0020 CABLEtalk is produced by Connect Publications on behalf of SELECT

Connect Publications Studio 2001, Mile End 12 Seedhill Road Paisley PA1 1JS Tel: 0141 561 0300

The Walled Garden Bush Estate Midlothian EH26 0SB Tel: 0131 445 5577 CABLEtalk is the official magazine of SELECT and is distributed free to qualifying readers.

ISSN 1365-3288 SELECT is the trading style of the Electrical Contractors’ Association of Scotland. The SELECT logo is a registered Collective Mark.

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Industry backs regulation push

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ember companies have backed our steadilymounting campaign to ensure that every genuine electrician in Scotland is recognised as a regulated professional.

SELECT is leading a drive to safeguard the public by ensuring that everyone who calls themselves an electrician holds appropriate qualifications.

Susan Curatolo, who works with her father and two other electricians for NAC Electrics in Biggar, said regulation is vital. She said: “There are individuals out there who are taking money from properly qualified electricians.

“It should be like a driving licence – you wouldn’t drive a car without a licence and you shouldn’t touch electrical systems without being qualified. Regulation is the only way forward and SELECT should have the support of the whole country behind it.”

Another supporter of our campaign is Scott McLean, of Stirling, who has 10 electricians working for him.

He said: “I back this campaign through and through. Right now, you can call yourself an electrician without any qualifications whatsoever and that can’t be right. Now is the time for the Scottish Government to take action.”

Newell McGuiness, SELECT Managing Director, said: “It’s frightening

The editor’ s intr will return o in the next is sue of CABLEtalk

“You wouldn’t drive a car without a licence and you shouldn’t touch electrical systems without being qualified” to think of the number of unqualified people out there who are carrying out dangerous work on a daily basis.”

Backed by other organisations, including Unite the Union, SELECT’s push for regulation is no soft option – we want to see statutory protection of title, making it a criminal offence for anyone to call themselves an electrician if they are not qualified.

“It’s a matter of public safety,” added Newell. “Customers simply can’t be comfortable with the current position where an unqualified individual can turn up at their door and then start tinkering with their electrical system.

“Sad to say, but poor work often leads to fires and can have terrible consequences. That’s why, to ensure the safety of the public in Scotland, we have to regulate the electrical industry and introduce protection of title for electricians at the earliest opportunity.”

NEW MEMBERS

Thirteen firms have become SELECT Members since January 2018

786 Electrical – Carnoustie

Kevin Poole Electrics – Dunfermline

Allan Electrical (Turriff) Ltd – Turriff

Mabon Electrical – Broxburn

A M Electrical (Fife) Ltd – Anstruther

Martin Electrical Inverness – Inverness

C R Electrical – Aberfeldy

Novatec Electrical Services Ltd – East Kilbride

F A Construction Ltd – Elgin ILEX Electrical Ltd – Glasgow

Procast Building Contractors Ltd – Strathaven

Kevin McCrea Ltd – Glasgow

TNC Electrical Services Ltd – Glasgow

Facing a digital future SELECT has launched a new Facebook page to widen its social media reach and strengthen its communications strategy.

The new page will complement our range of current digital activities, which includes a strong presence on Twitter and huge variety of video information on YouTube. .

Demi Armstrong, SELECT Events, Marketing & Website Coordinator, said: “Creating a Facebook page is an important decision for any organisation, as it is the most popular and widely used social

networking platform in the world, with some two billion active profiles.

“The new page will help us to continue to develop our relationships with our member companies, their employees, our suppliers and other Facebook users.

CT’s “It will also let us react quickly to Visit SELE age p k rapidly-changing circumstances, o Facebo ook. b e share collective expertise, promote c a at www.f Members’ interests and engage ECT. com/SEL with stakeholders in a more TheECAofS proactive manner.”

Alan puts our case for reform to MSPs

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lan Wilson, Head of Membership and Communications at SELECT, has made an important presentation to the Scottish Parliament’s Cross Party Group for Construction.

Alan spoke to the meeting on Tuesday 27 March in his capacity as National Executive Officer of the Specialist Engineering Contractors’ (SEC) Group.

It was the latest initiative in SELECT and the SEC Group’s long-running campaign to improve how the business community interacts with the public sector, which buys £10 billion of goods, works and services each year.

Alan said: “My presentation to a group of MSPs and interested parties from the construction sector gave our organisations’ views on how procurement could be improved.”

Alan pointed out that

Scottish SMEs are acknowledged as the backbone of the economy and that a smoothly-running procurement environment was a vitally important issue for them.

He said: “I wanted to draw to the attention of our elected representatives a number of issues including the payment cycle, retentions, large packaging of contracts and lack of accountability.”

On payment, Alan suggested the more stringent enforcement of Section 15 of the Procurement Reform (Scotland) Act 2014 as well as the extension of, and reduction of limits for, project bank accounts (PBAs).

He also proposed placing all retentions into a trust-based deposit scheme and greater implementation of the Act’s provisions which allow public bodies to package contracts into smaller lots for which small firms can more realistically bid.

On accountability, he supported the introduction of a yellow/red card scheme, as well as the

Alan Wilson

appointment of a construction regulator.

He added: “In the wake of the Carillion crisis, now is the time to act. People need to be accountable and need to pay on time. Retentions should not be used as bargaining chips and we should get away from the fixation of large scale contracts.”

Newell McGuiness, SELECT Managing Director, said: “Scotland’s legislators and its parliamentary committees have come some way on procurement and with some sensible additions to the current regulations, we could have a procurement regime with which everyone could work.”

The SEC Group represents a number of trade bodies in Scotland, who in turn represent around 3,000 firms employing more than 35,000 people.

Picking up the pieces from the Carillion calamity: Read Rudi Klein’s latest retentions update on pages 36&37 CABLEtalk

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NEWS SELECT

2018 SELECT Awards are ready for lift-off

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oll up! roll up! The 2018 SELECT Awards will be open for entries on 1 May – complete with a number of exciting new categories designed to recognise companies of all sizes across Scotland.

As well as being a great way to help raise the profile of your company, our annual awards help you showcase your many outstanding achievements and initiatives, and the extraordinary work done by your staff over the past year.

Another benefit of entering is the extensive coverage which you can enjoy in all forms of SELECT communications, including CABLEtalk magazine and the SELECT website. It can also increase your profile through the trade press and our extensive post-awards PR activity.

Here are this year’s categories:

Best Delivery of Customer Service

This category is open to SELECT members who can show that they consistently go the extra mile to provide excellent customer service.

This can relate to a bespoke service specifically designed to overcome a common barrier or obstacle facing customers, or to a system put in place to meet the needs of customers.

Best Use of Training

This category is open to members who can show how training has been used to enhance their business. Your entry could relate to apprentice training or any other type of training your company has undertaken.

Best Electrical Safety Project

This category is open to members who can demonstrate that they have had a clear and positive effect on enhancing electrical safety. This could relate to an installation or a project where new safety systems or procedures were implemented.

Best Small Contractor (Turnover up to £250k)

This category is open to all SELECT Member companies who have a turnover of up to £250,000. All entrants will be considered on merit but determining factors will include how well regarded the contractor is by customers, how well the company presents itself, as well as evidence of a clear business plan and sales and marketing strategy.

NEW CATEGORY: Best Medium-Sized Contractor (Turnover £250k-£1m)

This category is open to all SELECT Member companies who have a

ELECTRIC SHOCKER

More best practice advice with Malcolm Duncan 8

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turnover between £250,000 and £1million. All entrants will be considered on merit but determining factors will include how well regarded the contractor is by customers, how well the company presents itself, as well as evidence of a clear business plan and sales and marketing strategy.

NEW CATEGORY: Best Large Contractor (Turnover £1m+)

This category is open to all SELECT Members who have a turnover of more than £1million. All entrants will be considered on merit but determining factors will include how well regarded the contractor is by customers, how well the company presents itself, as well as evidence of a clear business plan and sales and marketing strategy.

Best Visual Promotion

This category is open to all SELECT Member companies.

Applicants are required to provide examples of promotional activities they have undertaken to promote their business. Applications should include images of a liveried van, headed paper, flyers and brochures, shop window, advertisement, etc. The image should show your company logo (or name) and ideally the SELECT logo.

Watch out for details of the official launch soon.

Read it now on page 33

SELECT trio are dazzled by expo As CABLEtalk went to press, the SELECT delegation was just returning from its trip to this year’s dazzling Light + Building exhibition in Frankfurt.

Kenny, Kevin and Dave in Frankfurt

As we told in our last issue, President Kevin Griffin, Vice-President Kenny Duncan and Head of Technical Services Dave Forrester represented SELECT as part of a group from the Electrical Distributors’ Association (EDA).

During their trip they met influential wholesalers, distributors and manufacturers, and saw the latest innovations in electrotechnology, lighting and smart buildings.

The two-day visit included a tour of the Central Association of German Electrical and Information Engineering Handicrafts (ZVEH) e-Haus, a trend-setting example of

intelligently networked building technology. Other highlights included demonstrations of arc-fault detection devices, smart controls for buildings that fully integrate with Google Assistant, Amazon Alexa, Sonos and Apple Siri, and a range of new products about to be launched.

Dave said: “SELECT sees these visits as an essential part of our engagement with other parts of the industry. It’s also an opportunity to remind manufacturers of who we are.”

Held every two years, the event is seen by manufacturers as the premier opportunity to showcase products.

This year saw 2,500 exhibitors from 55 countries and close to a quarter of a million visitors from 160 countries.

i

Read Dave’s diary of the event in the next issue of CABLEtalk

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NEWS SELECT TRAINING

Efficiency on the agenda SELECT is delighted to announce a partnership with On Site Generation to deliver a new training course on energy efficiency awareness.

This topic is becoming increasingly important, with the UK Government currently working towards ambitious energy targets that will impact on many aspects of buildings.

The upcoming BS 7671:2008 (18th Edition) will also introduce energy efficiency in a new appendix.

This will provide recommendations on the design and erection of electrical installations, including those with local production and storage of energy for optimising the overall efficient use of electricity.

This half-day course is an ideal opportunity to get an introduction on this important topic. It will also help you identify potential new business opportunities in this growing market.

Content will include: • Background to energy efficiency • Energy use in buildings • Energy efficiency improvements for a typical building • Smart controls • Battery storage • Electric vehicles and charging points • Renewable energy • Government schemes and incentives • Sources of other information/links.

The course is schedule to run in Edinburgh on 17 April and will cost £60 plus VAT for SELECT Members.

If you’re interested in booking a place, contact the Training Department on 0131 445 5577 or email jenny.cryans@ select.org.uk – places can also be booked on the SELECT website at www.select.org.uk New management training course helps you brush up on leadership skills – see page 25 10

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New courses are launched

Electrical vehicle charging is a growing topic

S

ELECT is currently preparing to launch new training courses in electrical safety and the installation of electrical vehicle charging points over the next few months.

The first – an SQA-customised award in electrical safety – is part of our commitment to keeping Members at the cutting edge of safety improvement.

The course will last for two-and-a-half days and result in an SCQF level 7 qualification. Aimed at both electricians and safety technicians, including health and safety operatives, it will cover changes in legislation, safe isolation of circuits, and environmental issues such as the safe disposal of electrical waste.

Dave Forrester, Head of Technical Services, said: “The training course material has been prepared and we are currently running pilot courses to ensure

that the course content meets our Members’ needs. We plan to have the course open to all applicants by April.”

The electrical vehicle charging point installation course is likely to be available by early summer.

Dave added: “We are currently road testing this course, which will also feature routes to public funding available for installations.

“We have looked into providing it as a response to the rising demand for safe charging points at residential and business premises.

“The actual installation work is covered within the scope of BS 7671 The Wiring Regulations and as a result, is well within the abilities of any qualified electrician. However, the training focuses on the maintenance of charging points, identifying how to access funding and how to get the best value for money for customers.”

S

ELECT has again delivered awareness training to local authority staff who carry out verification activities across Scotland. Now in its third year, the joint venture between SELECT, the National Inspection Council for Electrical Installation Contracting (NICEIC) and Local Authority Building Standards Scotland (LABSS) aims to raise standards and awareness of new developments in safety and building.

Dave Forrester, Head of Technical Services, said: “Working closely with industry colleagues in the NICEIC and LABSS, we have developed vital training for those verifying the safety of Scotland’s built environment.

“In addition to the training, SELECT helps local authorities understand the benefits of certification and of employing properly trained and qualified professionals for all projects.”

The series of eight training events were

Building on standards held throughout February and covered all 32 local authorities under the aegis of LABSS. Developed in response to the Grenfell tragedy in London and lessons learnt from the Cole Report, it included revised standards for fire safety and fire detection and alarm systems.

The events also included training in preparation for the introduction of a new edition of BS Stephen 7671 – The IET Wiring Garvin Regulations, published this year on 1 July.

Meanwhile, SELECT’s close working relationship with the Scottish Government’s Building Standards Division (BSD) will continue with the recent appointment of Stephen Garvin as its new head.

Dave added: “I welcome the appointment of Stephen. He has a longstanding history of expertise in building standards and I look forward greatly to working with him to forward the cause of certification of construction.”

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NEWS INDUSTRY New BCIA president

Smart solution at SELECT HQ

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ELECT has updated the 10-year-old building management system at its Walled Garden HQ, replacing it with Scolmore’s Click Smart RF Wireless Control System.

All lighting in the training centre, boardroom, conference rooms, canteen, rest rooms and reception area at the building in Penicuik, Midlothian is now controlled using sensors, switching via a six-channel multifunction switch receiver installed in the plant room.

The signal has been boosted using repeaters located in various locations through the site, with a touch control panel mounted on the wall in reception giving a general overview and central control point for the entire system.

James McCartan from John Noble Electrical Contractors, who installed the system, said: “We only had to make small

changes to the electrical system that was already in place. With the various products from Scolmore’s Click Smart range, we were able to adapt it to provide remote control of lighting throughout, all controlled by the panel in reception.”

John McGhee, Head of Resources, SELECT, said: “The new system has saved us money on the initial significant installation cost, and in addition we will also benefit from ongoing savings with a more cost- and energy-efficient system.”

The RF system is made up of a series of wireless transmitters, receivers and combined units. No additional cables or wall cutting is required as receivers can be installed behind light fittings or into suitable installation boxes. Because the transmitters are battery-powered, no additional power supply is needed.

For further information, contact Scolmore on 01827 63454 or visit www.scolmore.com

Scolmore adds Sangamo to its portfolio Scolmore has bought Glasgow-based Sangamo, the specialist supplier of time switches and heating controls.

Established since 1921, Scolmore hopes the firm’s product range will enable it to offer an even more 12

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comprehensive range of products and solutions to its customers.

Gary Mordue, Scolmore Group Managing Director, said: “Sangamo is a trusted brand and we look forward to working closely with its team.”

Jon Jon Belfield has been Belfield appointed the new President of the Building Controls Industry Association (BCIA).

He steps up from his position of Vice President and takes over the role from former President, Malcolm Anson.

As well as being Managing Director of InTandem Systems Ltd, Jon is a fellow of the Chartered Institution of Building Services Engineers (CIBSE) and is a chartered engineer.

He will now focus on continuous professional development and encouraging the next generation to join the building controls sector.

Jon said: “I am honoured to be elected as the BCIA President and I am keen to now share and promote my vision for the benefit of members and the wider public alike.”

Alarms advice is on your doorstep Fire and carbon monoxide (CO) alarm experts Aico will be touring their mobile training and demonstration units around Scotland this year.

Advice sessions started in Scotland in February, with further dates now running through to 1 June. See www. aico.co.uk/mobileunits for venues.

More advice about staying ahead of the alarms curve is on pages 30 & 31.

Pensioners helped The Electrical Industries Charity has launched its Pensioner Support Programme to help elderly people who once worked in the electrical sector.

It gives them access to free services including telephone counselling, debt and financial assistance, household repairs and essential items.

For further information, email vicky.gray@electricalcharity.org

COMMENT

Who cares about regulating electricians?

H

opefully all readers of CABLEtalk will know that for the last 18 months, along with a number of industry partners including the SJIB and Unite the Union, SELECT has been lobbying the Scottish Government to use the powers they have under the Scotland Act to introduce protection of title for electricians.

Simply put, this would mean that if you called yourself an electrician then you’d have to hold appropriate qualifications or you’d be at risk of committing a criminal offence.

A recent visit to a member in South Lanarkshire highlighted yet again how many poor, and indeed dangerous, installations our Members see on a day-to-day basis.

The firm showed me countless images of poor and dangerous work carried out by non or, perhaps more dangerously, part-qualified electricians that quite frankly shocked me. It seems that only by the grace of God have we avoided more serious injuries or deaths.

This was also brought home to me personally when I moved house recently. I discovered that the electric supply for our garage had been taken from a spur in a relatively new house extension. That’s fine, but the ‘electrician’ had simply taken twin and earth cable through the outside wall and connected it externally to armoured cable. No box to connect it into, nor any form of RCD protection. This work was done around 10 years ago and, like many other electrical problems, has lain dormant as a latent and potentially dangerous defect.

This was compounded as the

“We hope that other bodies involved in the industry will also get fully behind us and help protect the public from those carrying out unsafe electrical work”

By Alan Wilson Head of Membership and Communications, SELECT

supply to the garage had then been taken into a garden hut using twin and earth cable laid against the side of a wall. A double whammy! Two death traps for the price of one!

We continue our work with the government and others to try to secure protection for the public through protection of title, and following a recent meeting of the Scottish Government’s Electricians Working Group, two sub-groups have been set up.

The first will look at how a range of qualifications and competence could be recognised by an overarching registration scheme for electricians. The second will examine ways in which existing registration schemes could be better coordinated and marketed so that consumers are both more aware of and better able to use them.

From a Members’ perspective, we’re keen to see you get behind our campaign and are working on new printed and social media messages that you can use to help promote the cause. In the meantime, follow us on Twitter @Regulate_SELECT to find out the latest news.

We hope that other bodies involved in the industry will also get fully behind us and help protect the public from those carrying out unsafe electrical work. Recent research carried out by the Scottish Government showed that the vast majority of the public already think that the industry is regulated.

So who would the government upset if they introduced legislation to protect the title of electrician?

The so-called miscreants who carry out dangerous work in the grey or black economy?

If so, frankly who cares what they think!

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FEATURES INCLUSION, DIVERSITY AND EQUALITY

Breaking down the barriers Continuing our focus on inclusion, equality and diversity, gender specialist Barbara Melville outlines the work of Equate Scotland and how they’re encouraging electrical companies to welcome more women into the workplace

By Iain Mason Hi Barbara. Can you tell us a bit more about Equate Scotland and its work?

Equate Scotland has been around for over 10 years. We work to increase women’s participation in the science, technology, engineering and built environment sectors in Scotland. This problem persists across these sectors and at all life stages, from early years through to late career. The Scottish stats are stark: it’s currently estimated that only 25 per cent of the STEM workforce are women.

When women do study STEM, 73 per cent don’t remain in the industry and out of those who do, only 12 per cent progress to leadership roles. The apprenticeships figures are very low, with women accounting for 6 per cent of engineering apprenticeships and just 1 per cent of construction. This is a priority socially, politically 14

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and economically. In spite of what people may think, the lack of participation isn’t about lack of interest or natural differences in aptitude.

Women are not welcome in these industries and are therefore unable to make informed choices. And when women do pursue these careers, they typically need to work harder than men in order to be taken seriously. In terms of economics, it’s estimated women’s participation in STEM is worth more than £170 million annually to the Scottish economy.

This makes sense – there’s strong evidence that businesses that are diverse, at the strategy level and on the ground, better represent their customers and make more profit.

Barbara Melville

What is Equate Scotland doing to help break down barriers?

Equate Scotland runs various projects to tackle these issues holistically. We work with women, students, employers and academia, providing support and training as

needed. This includes a network for women students – which apprentices are welcome to join – and various selfdevelopment workshops and careers services. For employers, universities and colleges, we provide various training such as unconscious bias, which is essential in championing a good work culture and recruitment practices. We also include training on marketing and outreach, giving advice on lawful and non-patronising ways of reaching women and girls.

How is Equate working with SELECT? SELECT is doing a lot to increase women’s participation in electrical apprenticeships – we’re supporting them with advice and training, but they’re doing the work and that’s as it should be. We’re keen to develop training for SELECT members to learn about unconscious bias and marketing strategies to reach women and girls. Watch this space!

Why do you think there are so few women working in the electrical sector? Is it a problem of perception?

It’s complicated but yes, that’s a huge part of it: you can’t be what you can’t see. When we think of the electrical sector, we tend to have an image of men in overalls driving around in white vans. Most of us can quickly rationalise that this is in part a stereotype and

“SELECT is doing a lot to increase women’s participation in electrical apprenticeships.

We’re supporting them with advice and training, but they’re doing the work and that’s as it should be” that it doesn’t have to be that way, but such perceptions are very, very powerful.

A small number of women will be fine with this image but many will worry they won’t fit in or won’t be treated well, and sadly that’s often the case, even if it’s not always deliberate or malicious. We spend much of our lives at work and want to be in environments where we feel welcome, where we can be ourselves and where there will be people like us.

Is the electrical sector lagging behind compared to other construction industries?

I suspect not, but the numbers will still be very low. Engineering apprenticeships, which tend to include electrical, are at 6 per cent compared with construction at 1 per cent, though often electrical apprenticeships are advertised under the banner of construction, and that can affect the numbers.

What about people’s attitudes to women in the industry – is that still an obstacle? Why do people think that women can’t do it?

Yes, absolutely. Some people are overtly prejudiced and those attitudes are easier to spot. But I believe we need to be thinking more about ‘micro inequalities’, which are just as damaging but harder to spot. Unconscious bias is the most prevalent, where we make decisions about people without even realising it.

It comes back to those ingrained perceptions – we spend our lives seeing male pilots, construction workers and

engineers. When a woman comes along to interview for one of those roles, it doesn’t feel right on a gut level and this affects our decision-making. There is good evidence from Yale University that shows if we have two identical candidates for a male-dominated role, one man and one woman, we are much more likely to hire the man, invest in him and pay him more.

And how do women prove them wrong?

They don’t – it’s up to employers to take action by improving their work culture and ensuring their advertising and outreach is breaking down barriers and reaching women and girls.

What can SELECT Members do to help?

Take responsibility. Don’t fall behind your competitors. Recognise that women and girls genuinely have the odds stacked against them and that removing barriers is not the same discriminating in their favour: it is in fact giving them the same access to opportunities that men already have.

What should SELECT Members do if they want to find out more?

If they need more information, SELECT Members can go to our website – www.equatescotland.org.uk – which offers advice and details of support.

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FEATURES TAX CREDITS If your business does any kind of research and innovation, you could be sitting on a goldmine.

Problem-solving could earn you tax relief of around £60,000, as expert Sandy Findlay explains

By Iain Mason Hi Sandy. So how does this tax credit system work?

Basically, it’s a tax benefit for companies spending money on innovation and expanding their field of science and technology. But it’s not about research and development (R&D) as most people understand it; instead, it’s more about doing innovative things and solving problems that have never been solved before in your particular industry. So it’s a broad

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R£warding innovation

spectrum of things – it’s not just about inventing and developing new products.

So you don’t have to wear a white coat and work in a laboratory to qualify?

No, not at all. Any company pushing towards an advance in the technology of its field could be doing R&D, regardless of the sector. So it doesn’t need to be an actual product – and in fact we’re seeing more and more process innovation involving activities that are

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eligible for relief, like changing manufacturing processes to streamline operations or reduce energy usage. Or in using different materials or increasing automation. All these kind of things count as innovation.

And is it worthwhile trying to pursue it?

Well, the current average claim of a small and medium enterprise (SME) in the UK is around £61,000, so we’re talking some pretty useful numbers.

So what kind of things could count as R&D in the electrotechnical sector?

As mentioned previously, it doesn’t have to be an actual product. So it might be making an electrical motor run faster than it’s run before, or reducing the amount of power that an electrical circuit requires. It’s doing anything that will help and advance the industry baseline and that involves coming up with new solutions to challenges anywhere across the industry as a whole.

There are three schemes for claiming relief:

The SME Scheme

The Large Company Scheme

So what could a typical business expect to get out of it?

Every case is different, but typically, for every £1 you spend on R&D, if you’re in

The RDEC Scheme

profit you’ll get an additional 25p tax benefit. And if you’re in a loss-making position and you surrender your losses, you could get 33.35p back for every £1 spent on eligible

activities. So if you’re an SME, you’re in profit, and you spend £50,000 on R&D in one financial year, you could get tax relief of £12,500 – that’s not a bad reduction in tax.

What if the business isn’t in profit and has actually made a loss?

Don’t worry. You can roll the benefit over until you are profitable and use it then.

Or, depending on your financial position, you can surrender your losses and receive an actual cash credit.

Does the money need to be reinvested in more R&D? No – the funds can be used in any part of the business.

HMRC recognises that sometimes the best investment for a company is in areas other than R&D. Either way, more money is freed up to innovate.

But putting together a tax credit claim is complicated, right?

Again, with a bit of help, that doesn’t have to be the case.

The first step is to talk to an R&D tax credit expert like Jumpstart. They can help you put together a robust, maximised and defendable claim so that your business can reap the rewards, without worrying about unwanted attention from HMRC. All work is carried out on a no-win, no fee basis, so if you don’t ultimately qualify you won’t owe anyone a penny.

Which again, is good for your firm’s balance sheet.

DISCOVER MORE To find out about tax credits, call Jumpstart on 0131 240 2900 email helpinghand@jumpstart.co.uk or see www.jumpstart.com

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FEATURES GDPR

GDPR A complex puzzle made simple...but are you ready?

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The General Data Protection Regulation (GDPR) becomes law next month, requiring businesses to be more accountable when handling personal information. We unravel its mysteries – and outline what you can do now

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By Iain Mason

hen GDPR comes into effect on 25 May, it will change the way companies can collect, store and use personal information.

Building on the existing Data Protection Act 1998, it aims to give people more control over the data organisations hold about them.

It’s being launched because many companies were using personal data however they wanted. For example, some sold customers’ email addresses, allowed sensitive data to be seen by unauthorised people, and failed to protect data against hackers.

GDPR now gives back control of personal data to the people who own it and requires organisations to make data protection key to how they do things.

It’s likely to affect big organisations first, but small businesses aren’t exempt, so it’s important to know your responsibilities and ensure you’re compliant when it comes into force.

What is ‘personal data’?

This includes customers, employees, suppliers and any other individual you collect personal data from. It includes names, contacts, medical information or credit card details, plus digital data like website cookies and IP addresses.

How you collect data You can only collect personal data if you have a legal reason to do so. So you might need it for a sales contract or a customer may ask you to send them information on a product or service. You must make it clear what the data will be used for and only use it for that purpose.

Consent You don’t always need formal consent if there’s another legal way of gathering,

GDPR CHECKLIST Products and services 4 Check which products or services collect and process personal data 4 Ensure you have a legal basis for the processing of personal data 4 Ensure you can comply with the obligations to your customers as set out in the GDPR, such as the right of access and the right of erasure Notices and contracts 4 Update your internal and external notices for GDPR compliance 4 Ensure your customer contracts are all GDPR compliant Responsibility 4 Make someone in your organisation responsible for all data protection and privacy issues 4 Consider whether you need to appoint a Data Protection Officer – check out the ICO’s guidance for more info 4 Give data protection training to staff Security 4 Ensure systems that collect, process and store personal data are secure

retaining and processing information.

But while getting someone’s consent might sound like the simplest way to stay compliant, there are so many conditions to achieving it you could still be in breach, even though you think you have permission. So it’s always best to seek advice before you start.

Contracts and terms and conditions These need to be clear and easy to understand, with no complex legal text.

Right to know When individuals ask a business what information is being held about them, organisations must now respond within one month and can’t charge a fee.

Right to erasure Customers can ask a company to delete all stored personal data about them, unless the company needs to keep it for legal reasons, e.g. tax.

Data portability Individuals can request a digital copy of their data to use however they wish, e.g. switching to a new service provider.

Data security – and breaches Any data held must be securely stored – including hard records. Most breaches must be reported within 72 hours to the relevant supervisory authority, with individual data subjects also informed.

Penalties If you don’t keep personal data secure or use it for different reasons to what it was collected for, you can be hit with severe financial penalties. ‘Lesser’ incidents carry a maximum fine of £10 million or 2 per cent of an organisation’s global turnover, whichever is greater; with serious breaches resulting in fines of up to £20 million or 4 per cent of turnover.

GDPR and Brexit The UK government will incorporate GDPR into UK law before Brexit, so leaving the EU won’t make any difference to your obligation to comply.

In conclusion...

There are many aspects to GDPR, but it really boils down to being clear and ethical with the personal data you process – which means treating it as you would something valuable of your own.

If you have a GDPR query. Email Nicola Jengaenga on nicola. jengaenga@select.org.uk or call her on 0131 445 9225. The Information Commissioner’s Office – ico.org. uk – and the Federation of Small Businesses – www.fsb.org.uk – can also offer advice.

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FEATURES TECHNICAL UPDATE

Testin In the second part of our special Technical Update series, we take a closer look at the tests required as part of the verification process for a new electrical installation

B

By Bob Cairney I Eng MIET

Technical Standards Adviser, SELECT 20

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efore proceeding with any tests, it’s important that you give some consideration to the test sequence. This is because initial tests are carried out before the supply is connected – i.e. ‘power-off’ tests – but later tests are carried out with the power on.

You should be aware that all ‘power-on’ tests are regarded by the Health and Safety Executive (HSE) as

g testing live working, and therefore suitable safety precautions should be implemented to control this hazard. In some instances, they may have to be documented.

Guidance on suitable safety precautions is contained in the HSE document HSG85 Electricity at Work Safe Working Practices and should be referred to where necessary.

The adequacy of the test equipment, and associated test leads in particular, will need to be confirmed as satisfactory prior to testing, and a regime of self-check and regular calibration may help when assessing the condition of the equipment.

It’s also important that you have a good working knowledge of the correct operation of the test equipment.

“It’s important that you have a good working knowledge of the correct operation of the test equipment” TEST 1: Continuity of protective conductors, including main and supplementary equipotential bonding

The first test in Chapter 61 is Continuity of Conductors, which requires in Regulation 612.2.1 that a continuity test be undertaken to confirm the presence and suitability of protective conductors including main and supplementary bonding.

This is particularly important where the protective measure automatic disconnection of

supply (ADS) is used to provide protection against electric shock in an installation, which is generally the case.

ADS requires protective earthing and protective equipotential bonding for fault protection purposes and circuit protective conductors (CPCs) at each point in wiring and accessories to connect the exposed conductive parts of electrical equipment to the earthing system provided for the installation (TN-S, TN-C-S or TT).

The CPCs will need to be

verified as being of suitable size and correctly terminated.

They must also be of sufficiently low resistance to allow the required amount of fault current to flow to operate the circuit overcurrent protective device – fuse or circuit breaker – during a fault within the required 0.4 or 5 second disconnection time for compliance with Regulation 411.3.2.1.

Main protective bonding conductors are provided for slightly different reasons and connect any extraneous conductive parts, such as gas or water installation pipes, to the exposed conductive parts of the installation. They equalise the voltage that could appear between these parts during a fault before the disconnection occurs, limiting the touch voltage to a safe value which is generally regarded as being less than or equal to 50V. The importance of ensuring that all these conductors are installed correctly and are unbroken and continuous to the end of the circuit is rather obvious.

However, Regulation 612.2.1 does not provide information on how such a continuity test should be carried out, other than to require that the test equipment used for the test is capable of applying a test voltage between 4V and 24V DC or AC, and passes a short circuit current of not less than 200mA. However, there is plenty of industry guidance available, and the test procedures that have evolved to test the continuity of protective conductors provide two specific options, known as Test Method 1 and Test Method 2. Be aware that Continued on page 22

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FEATURES TECHNICAL UPDATE Continued from page 21

these methods are only suitable for testing radial circuits. They should not be used to test the continuity of ring final circuit conductors, which requires a three-step test method to verify all conductors.

Benefits of Test Method 1

The decision to use one method over another is entirely down to your particular preference. However, Test Method 1 does make it somewhat easier to determine the earth fault loop impedances required later in the test.

Test Method 1 measures the sum of the resistance of the line conductor (R1) and the resistance of the CPC (R2) to give a value that is the combined (R1+R2) value for a circuit.

This can be used to determine the earth fault loop impedance of a circuit using the formula Zs = Ze + (R1+R2) later in the test process. Zs is the circuit earth fault loop impedance and Ze is the part of the earth fault loop impedance that is external to the installation (see Figure 1).

This also has the benefit of reducing the amount of live testing necessary because it only requires a power-on test The Fluke to measure Ze, electrical tester rather than multiple power-on tests to measure the earth fault loop impedances of all circuits. (This may have been specifically identified when assessing pre-testing safety precautions to reduce the risk to persons associated with working live!)

Test Method 1 can also be used to verify polarity and does not require a long lead.

Disadvantages of Test Method 1

The downside of this method is that it’s limited to testing of all insulated wiring systems. Where there are connections from the wiring system to exposed conductive parts and/or extraneous conductive parts – for instance via a metal back box connected to steel 22

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Figure 1

conduit or trunking containment system or to the armour of SWA cables – this will result in parallel paths and the measured value of the protective conductors would be very low.

Any R1+R2 value obtained would therefore not be accurate for the purposes of verifying Zs and Test Method 2 may be a more suitable option to verify continuity. This is because it would be virtually impossible to disconnect all of these types of connection in an installation prior to testing.

Performing a continuity test using Test Method 1

This is done using a low resistance ohmmeter or a multi-function test instrument with a continuity setting capable of applying the required test voltage and current.

To carry out the test, you should identify the circuit to be tested, then disconnect both the line conductor and CPC at the distribution board or consumer unit. A temporary connection should be made to connect the conductors together, e.g. using a terminal strip connector block, and you can then proceed to test at the furthest part of the circuit (see Figure 1).

You should hopefully have identified the furthest part of the circuit during the inspection process carried out prior to testing. However, it may be difficult to clearly identify the furthest point of a particular circuit in some installations, in which case you may have to carry out

a number of continuity tests at several different points in the circuit. For example, in a lighting circuit there may be a number of lighting points and connections to other equipment, such as an extractor fan.

Please note, the connection between the line conductor and CPC could alternatively be made at the furthest part of the circuit where known, and the measurement taken at the distribution board depending on your preference.

Before measuring the R1+R2 of the circuit, you should also remember to measure the resistance of the test leads, including any associated clip or probe, and note the value.

This will have to be deducted from the measured resistance value obtained when testing the circuit. Alternatively, if the test equipment has a test lead null feature, this can be used before carrying out the test.

Figure 2

Figure 3

The test leads can then be connected between the line conductor and the circuit’s protective conductor to obtain a measurement of resistance.

Depending on the instrument being used, this may require the test instrument test button to be pressed.

On other types, the test proceeds automatically when the test probes are connected to the terminals of the circuit.

If the circuit is complete and unbroken, the circuit resistance value will be displayed on the test instrument.

The resistance of the conductors will obviously depend on the length and the cross-sectional area of the conductors of the circuit being measured, and also on the tightness of cable terminations, but typically will be less than 1Ω.

If there is a break or loose connection in the line or circuit protective conductor, the value shown will be a

various points of the circuit using a test probe (see Figure 3).

Before recording the highest value obtained, remember that this will need to be compensated for the resistance of both the test lead and the wandering lead. The compensated value can then be recorded in the relevant continuity column in the schedule of test results, specifically the R2 column.

The benefit of using Test Method 2 is that it’s relatively easy to verify the connection to earth at various points of the circuit, particularly accessible exposed conductive parts of the high value, usually displayed as the installation, such as metal accessories maximum value that the instrument can or equipment. display >200Ω.

The same method will also be used to However, before assuming this, it may verify the connection to earth of the be useful to check if there are any main protective conductors of the switches in the circuit that haven’t been installation, including the earthing switched on to complete the circuit. Also conductor, any main protective bonding remember to test the continuity of all conductors connected to extraneous line conductors in a circuit, including conductive parts, and supplementary strappers or pass wires that may bonding conductors. have been installed to Although the connection facilitate two-way switching and continuity of the Find out on lighting circuits. installation earthing more at fica.org.uk/ On completion of the test, conductor and any main candidatethe result should then be protective bonding guidance/ recorded in the appropriate conductors require to be column of the schedule of verified – typically a low test results, specifically the value of approximately 0.05Ω R1+R2 column (see Figure 2). would be expected – the resistance values obtained will not Performing a continuity require to be recorded on the schedule test using Test Method 2 of test results. The connection and This measures only the R2 resistance of continuity of these important protective the CPC and, like Method 1, is performed conductors does, however, have to be using a suitable continuity test indicated as having been verified on instrument or multi-function test Page 2 of the Electrical Installation instrument set to the continuity setting.

Certificate.

To carry out the test, a lead is required Finally, after testing the continuity of that is long enough to reach to the protective conductors of all radial furthest point of the installation – circuits supplied from the distribution commonly known as a ‘wandering lead’. board or consumer unit, remember to One end is connected to the main reinstate the circuits to their original earthing terminal, with the other completed condition before moving connected to the continuity test onto the next test in the test sequence. instrument. The remaining test lead is then used to connect to the CPC of the circuit using a test probe, with the In the June/July edition of highest value measured being the CABLEtalk, Bob will look at the furthest point of the circuit. next test in the sequence – the This method is therefore very useful three-step test method, which if you haven’t been able to identify the is used to verify the continuity of ring final furthest point prior to testing, as it’s circuit conductors. relatively easy to carry out a test at CABLEtalk

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FEATURES ADVICE Discussion and details of the upcoming 18th Edition will top the agenda at this year’s free advice sessions

Isle of Lewis Stornoway, Caladh Inn Thursday, 14th June

Shetland The Lerwick Hotel Thursday, 21st June

Inverness Tulloch Caledonian Stadium Tuesday, 29th May

By Iain Mason

T

he upcoming 18th Edition of the IET Wiring Regulations is one of the hot topics confirmed for discussion at this year’s Toolbox Talks.

Our ever-popular free advice sessions kick off in Edinburgh next month, with BS 7671:2018 top of the agenda ahead of its publication on 2 July.

Our experts will be on hand to discuss any changes and their potential impact on Members and their work.

Arc fault detection will also be on the timetable at the series of 12 talks, which will visit Dumfries, Shetland and everywhere in between.

Dave Forrester, Head of Technical Services, said: “Knowledge of the 18th Edition is vital for every electrician in Scotland, so we’re looking forward to discussing it face-to-face.

“Arc fault detection is another area that Members have told us they would like to know more about, so we’re glad we have the opportunity to discuss that too.

“Our Toolbox Talks are growing in popularity every year, and it’s great to see so many Members take advantage of our wealth of advice and guidance.”

As always, we’ll be joined by industry partners, including the Scottish Joint Industry Board (SJIB), Scottish Electrical Charitable Training Trust (SECTT) and many more.

And of course, Talks are free to attend for all Members. Check the map for dates and venues and sign up now – registration has already started.

Aberdeen Pittodrie Stadium Wednesday, 30th May

Dundee Apex Hotel Tuesday, 15th May Oban The Wide Mouth Frog Wednesday, 13th June

Edinburgh The Walled Garden Tuesday, 8th May

Glasgow Hampden Park Wednesday, 16th May

Kilmarnock The Park Hotel Wednesday, 23rd May

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For further details about this year’s Toolbox Talks, email: memberservices@select.org.uk or call us on 0131 445 5577.

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Borders Tweed Horizons Wednesday, 9th May

Dumfries Cairndale Hotel Tuesday, 22nd May

There’s plenty to Talk about

FIND OUT MORE

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Orkney Pickaquoy Centre Wednesday, 20th June

Image courtesy of The Institution of Engineering and Technology

FEATURES MANAGEMENT TRAINING

Leading the way

Our popular management training course helps you brush up on your leadership style. We spoke to Training Coordinator Jenny Cryans to discover how it turns good managers into great managers

By Iain Mason Hello Jenny. Tell us a bit more about the SELECT/Napier Graduate Certificate of Management Practice.

We developed it in partnership with Edinburgh Napier University to help develop people’s leadership and management skills. It’s been running successfully for 10 years now, helping managers and senior staff to develop and grow personally and professionally.

So who’s it for?

It’s really designed for managers who want to improve people management skills and engage positively with their staff to help them realise their potential.

It’s helpful for anyone who’s recently

become a manager or those who’ve been in a senior role for a while, but maybe haven’t had much management training.

What sort of things will it cover?

There are three modules which cover: ●●Being a manager – giving an insight into the role of manager and leader, reviewing personal effectiveness communication and learning skills. ●●Managing in the business – analysing and understanding activities such as planning, finance, operations, recruitment, selection and managing change. ●●Managing teams – reviewing how you can manage performance, motivate and engage staff, manage discipline and grievances, and critically

evaluate your impact on a team’s performance.

Why could it be important for SELECT Members?

It will contribute to the development of your skills, style and approach as a manager, allow you to think about your own practice and develop new ways of working and try out new methods.

When does it start?

It starts in September 2018 and consists of nine workshops, split into three modules and delivered over an academic year. For each module you have to complete three action plans and write two reports based on two of your action plans. You build your plans into your daily management/supervisory role, so by the time you have to write your reports you’ll be well on your way to completing your plan.

What’s the style of learning?

Everyone has a different way of learning and the programme takes this into consideration. Open discussions and exercises are used throughout the workshops, to help you share your learning experiences and challenges.

Who is eligible to take part?

The programme is taught at an SVQ level 4, so an SVQ Level 3 or equivalent is needed, as well as five years’ relevant work experience, including at least six months in a managerial or supervisory role. If you don’t have this qualification, give us a call to discuss your application.

What about further study?

Each module is worth 20 credits, which can be used for other university-based programmes.

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To find out more, contact Violette Fivet, SELECT Technical Services Administrator, on 0131 445 5577 or email violette.fivet@select.org.uk

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FEATURES HEALTH & SAFETY

Working with the

By Jim Cornwall Technical & Safety Adviser, SELECT

I

n accordance with Regulation 10 of the Control of Asbestos Regulations 2012 (CAR 2012), anyone liable to disturb asbestos during their job must receive the correct level of information, instruction and training so they can work safely and without risks to themselves or others.

Asbestos awareness training is mandatory for those whose work might disturb the fabric of a building and expose them to asbestos, and those supervising or influencing such work. This includes electricians, plumbers, joiners, maintenance workers and installers of telecom, data and alarm systems.

Asbestos awareness training should cover the following: ●●the properties of asbestos and its effects on health, including the increased risk of developing lung cancer for smokers exposed to it ●●the types, uses and likely occurrence of asbestos materials in buildings ●●the general procedures to deal with an emergency, e.g. an uncontrolled release of asbestos dust into the workplace ●●how to avoid the risk of exposure to asbestos.

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In our second asbestos article, we outline the types of work associated with the hazardous material, and the levels of training required for trades people who might disturb the so-called ‘hidden killer’ Asbestos awareness may typically be delivered as a half-day training course, but is increasingly provided via online learning, which the Health and Safety Executive (HSE) recognise as a viable delivery method.

Asbestos awareness is only intended to

help employees or self-employed contractors avoid disturbing asbestoscontaining materials (ACMs); it doesn’t prepare them to carry out work on such materials. If they are planning jobs which could disturb ACMs, additional information,

Find out more with the HSE’s essential reading HSE’s Asbestos essentials: A task manual for building, maintenance and allied trades on non-licensed asbestos work, also known as HSG210, is essential reading.

It provides guidance for employers, managers and sole traders on the categories of ACM work, where asbestos can be found in buildings, and how they can plan and work safely. Complete with colour images and step-by-step guidance, a series of 38 task sheets describe what

equipment is required for a particular task and the actions needed to reduce exposure to an adequate level.

These are cross-referenced to equipment and

killer some form of annual refresher should be given to help ensure knowledge is retained. Such refresher training could alternatively be provided as e-learning or as part of other health and safety updates.

Working with asbestos

CAR 2012 identifies three categories of work with ACMs based upon the risk, duration and intensity of possible exposure:

Licensed work

This can only be carried out by a specialist asbestos contractor licensed by the HSE. Such high-risk work would include work on asbestossprayed coatings, loose-fill insulation and asbestos lagging, or asbestos insulating board (AIB), where the risk of fibre release is high or the work is not of short duration. Most asbestos work must be undertaken by a licensed contractor, but any decision on whether particular work is licensable is based on risk. The work methods of such contractors is beyond the scope of this article. instruction and training is required – as we shall see later.

A number of training providers issue certificates after an asbestos awareness course, some of which expire 12 months later. Although there’s no legal requirement to repeat such sessions, method sheets that provide advice on the correct tools for the job and how to use them. The fourth edition of Asbestos essentials was published in January 2018 and provides updated guidance on a number of issues, including greater clarity on which non-licensed tasks are notifiable.

It can be bought from books.hse.gov.uk priced £25. Free individual task sheets and equipment and method sheets can also be downloaded at www.hse.gov.uk

Non-licensed work

This can be carried out by suitably trained individuals who plan to carry out work not requiring a license and who may knowingly disturb lower-risk ACMs. This might include short-duration work with low-fibre release of ACMs in good condition, e.g. replacing an asbestoscontaining fusebox or drilling through textured coatings while using safe working practices.

Notifiable non-licensed work

This new category was introduced in April 2012 for some non-licensed work where the risk of fibre release is greater, such as the removal of small areas of textured coatings. It requires: ●●notification to the relevant enforcing authority by an online form before work starts, although it is not necessary to wait for permission.

●●medical examinations, which must include a chest examination and lung function tests to assess each worker’s state of health, to be carried out before exposure to asbestos begins and then at least every three years ●●a register of work or health record to be kept for 40 years for each employee exposed to asbestos, including the nature and duration of work and dates of medical examinations.

Training for non-licensed asbestos work

Training for non-licensed asbestos work is required for those workers who plan to carry out work not requiring a licence, whether notifiable or otherwise, and who may knowingly disturb lower-risk ACMs. Such training should be provided in addition to asbestos awareness, must be job-specific and tailored to the work to be done, and should include the following: ●●how to make suitable and sufficient assessments of the risk of exposure to asbestos ●●safe working practices and controls, including an explanation of the correct use of control measures and work methods ●●selection and appropriate use of protective equipment ●●waste handling procedures ●●emergency procedures ●●relevant legal requirements ●●circumstances when non-licensed work may be notifiable.

A competent training provider should be used, e.g. a member of UKATA or the Independent Asbestos Training Providers (IATP).

Refresher training for non-licensed work should also be given every year and a record of the training received by each individual kept.

SELECT provides half-day asbestos awareness courses in accordance with Regulation 10 of CAR 2012, using trainers from a member company of the United Kingdom Asbestos Training Association (UKATA). For further information, contact SELECT Training on 0131 445 5577, quoting ‘Course 310’.

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FEATURES WHAT IS LOBBYING?

Lobbying lessons You'll probably have heard that SELECT lobbies on your behalf. But what does it mean? And how do new laws affect how we do it?

L

obbying is how organisations make their voices heard at parliament or government. It's a way of speaking to key people in power to inform and influence decisions and can be done in person, by sending letters and emails, or via social media.

SELECT is a keen lobbyist when it comes to electrotechnical issues. For example, among other things, it is currently lobbying the Scottish Government to change the law and introduce protection of title for electricians.

A key form of lobbying is 'regulated' lobbying, which takes place face-to-face with MSPs, members of the Scottish Government, Special Advisers or the Permanent Secretary. These conversations can take place in any situation, not just at formal meetings.

However, to ensure greater openness, the Lobbying (Scotland) Act has ruled that from March onwards, this type of lobbying must now be recorded in an official Lobbying Register.

The five key steps To help potential lobbyists comply with the new rules, the diagram on the right shows exactly how regulated lobbying now works.

It's designed to help would-be influencers know if they need to record face-to-face meetings in the Lobbying Register and exactly which types of conversation need to be declared. Members might also find themselves subject to the new requirements and should contact the lobbying team below for further information.

As you can see, it's a complex process – but an essential one if effective lobbying is to continue and allow our voice to be heard.

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01.

I have communicated orally and face-to-face with: ● a Member of the Scottish Parliament (MSP) ● a member of the Scottish Government ● the Scottish Government’s Permanent Secretary ● a Scottish Government Special Adviser

NO

This is not regulated lobbying

YES

02.

NO

I have communicated about Scottish Government or Scottish Parliamentary functions.

This is not regulated lobbying

YES

03.

NO

I used the opportunity to inform or influence decisions on behalf of my organisation (or those I represent).

This is not regulated lobbying

YES

04.

NO

I am paid, representing the views of my organisation (or those I represent).

This is not regulated lobbying

YES

05.

Other exemptions under the Act do not apply to my lobbying.

I have been carrying out regulated lobbying and need to record this on the Lobbying Register. Remember – always consult the Act itself as the core reference point, particularly in more complex situations.

YES

To find out more, email the Lobbying Register Team on lobbying@parliament .scot or visit www.lobbying.scot CABLEtalk

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FEATURES FIRE SAFETY

Stay ahead of the curve

Training will help keep you up to speed

The world of smoke alarms is ever-changing, so it’s vital to keep in the loop when it comes to the latest developments. Martyn Walley, National Technical Manager, Aico, reveals why

D

omestic smoke alarms, although effective, used to be pretty basic affairs.

A rudimentary understanding of BS 5839-6 (the British Standard for domestic Smoke Alarm installation) and the pertinent parts of Building Regulations was expected but the key usually lay in identifying which alarm type – optical, ionisation or heat – to use where.

But in just five years, we’ve seen the domestic smoke alarm industry change beyond recognition. The technology now used in smoke alarms has resulted in: ●●improved response and resistance to false alarms ●●wireless alarm interconnection for minimum disruption ●●data extraction facilities ●●a raft of valuable system add-ons such as alarm control switches ●●the ability to connect smoke alarms to other lifesaving systems.

And that’s to name but a few. As an example of how far the industry has come, let’s look closely at this last point.

Made cost-effective and more practical due to the widespread adoption of wireless interconnection technology in smoke alarm systems, interconnection with other life safety devices and systems 30

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Smoke alarm technology has advanced greatly

is really taking off. Interconnecting carbon monoxide (CO) alarms were the first step, but the industry has gone much further – you can now connect smoke alarm systems to Telecare/ warden call systems (ideal for sheltered housing), sprinkler systems and BS5839 Part 1 panel-based fire alarm systems.

The latter is particularly useful when that Part 1 system is fitted in the communal areas of houses in multiple occupation (HMOs) and apartment blocks. In this scenario you may want the Part 1 system to be heard not only in

the communal areas but also within each property; however, you don’t want the reverse!

Integrating the two systems so that the Part 1 communal system will activate all alarms throughout the building if a fire is detected, but not allow individual flats’ alarms to activate those in the communal areas or in other tenants’ homes, provides effective fire safety.

Relays are one option for achieving this, but there are products – e.g. Aico’s Ei414 Fire/CO Alarm Interface – that have been designed specifically for this purpose. They are not only easy to install but also often come with added features such as a test facility to enable all alarms on the system to be quickly and conveniently tested.

To take advantage of this technology

Requirements of The Building Standards Domestic Technical Handbook guidance states there should be at least: ●● one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes ●● one functioning smoke alarm in

SELECT WORKSHOP SELECT’s two-day Fire Alarm Installation, Test & Maintenance Workshop offers training in the design, installation and maintenance of fire alarm systems in accordance with the current British Standards. See the SELECT website – www.select.org.uk – for dates and details or call 0131 445 5577.

“Keeping up to date with the latest developments is essential” you firstly have to know it exists and secondly you need to be trained in how to use it.

Standards, regulations and best practice are also changing regularly to keep up with the latest alarm technologies, and, with devolved power, the different nations that make up the UK often have their own set of requirements (see boxout below).

For example, did you know that changes to the Housing (Scotland) Act will soon require all private homes in Scotland to have a minimum number of smoke alarms? And that they must be ceiling-mounted and interlinked, with a 10-year age limit?

Keeping up to date with the latest developments is essential if you are to provide the best protection for residents

of a property, be they homeowners or renters. Training has a vital role to play here, for young and old, novices and the experienced.

Smoke alarm manufacturers are clearly best placed to advise you of the latest features in their own products, but it’s essential a training scheme goes beyond that to look at best practice and relevant standards and regulations.

In the case of domestic fire alarm systems, training should cover elements such as: ●●BS 5839-6:2013 and building regulations ●●smoke alarm system categories and grades ●●smoke alarm sensor types ●●system installation, including alarm interconnection options.

the Scottish Building Standards every circulation space, such as hallways and landings ●● one heat alarm in every kitchen ●● all alarms should be interlinked.

On CO alarms, it states that a CO detection system to alert occupants to the presence of CO gas should consist of at least: ●● one CO detector in every space

containing a fixed combustion appliance (excluding an appliance used solely for cooking), and ●● one CO detector to provide early warning in high risk accommodation, that is, a bedroom or principal habitable room, where a flue passes through these rooms.

An overview of CO standards and legislation would also be very beneficial as they are often installed at the same time. Ideally, the training scheme should have a means of updating you when further changes are made in the sector.

Of course, time taken off for learning means time away from work so the training has to meet your specific requirements and be delivered in a suitable way.

Look for modular training programmes that make it easier to get the exact training you need, be it standards and regulations or alarm system design.

Deliverability of that training is also a consideration. On-site training should be one option as it’s convenient, but visiting a dedicated training centre could offer you a more submersive, valuable experience without the day-to-day distractions you’re bound to experience when holding training on your own premises. Aico also offers mobile training and demonstration units that essentially deliver a mini training centre to a location near you.

Our understanding of fire safety and the technologies employed are developing faster than ever before.

Keeping up to date is essential if you’re to provide customers with the best advice and protection – and for you to reap the personal and financial rewards from being ahead of the curve.

Aico, the market leader in residential fire and CO protection in the UK, runs the free Expert Installer CPD accredited domestic alarm training scheme. Find out more at www.aico.co.uk/expert-installer CABLEtalk

APRIL/MAY 2018

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ELECTRIC SHOCKER BAD PRACTICE

Vital repairs mean there’s no longer cause for alarm

By Malcolm Duncan IEng MIET Senior Technical Adviser, SELECT

A

recent call to the SELECT Technical Helpline, followed by the provision of some photographic evidence, highlighted a problem faced by a Member company in the Fife area.

A representative from the company discussed with SELECT’s Technical Adviser the best way forward to rectify a problem encountered when attempting to ‘link smoke alarms’ in a domestic property.

The company had recently completed an electrical installation in a groundfloor extension to the house. The wiring

was completed, all accessories fitted and – apart from the smoke alarm – all systems were operational.

The last part of the works was to connect the smoke alarm in the extension to the alarms in the existing part of the house. However, when the

thermal insulation was partly removed or ‘peeled back’ to allow the works to be completed, the installation practices, wiring, connections and joints associated with the smoke alarms were found to be in a poor condition, as our pictures show.

The electrician was therefore obliged to alter, repair, tidy and suitably secure the wiring in line with Regulation 522.8.4. The connections were secured within the smoke alarm base plate in line with Regulation 526.8 and the system then inspected and tested for suitable operation.

Without these remedial works, a potential hazard of electrical shock and fire would have existed.

An Electrical Installation Certificate, complete with a schedule of inspection and schedule of test results, was prepared on completion of the work.

In addition, a BS 5839-6 domestic fire alarm certificate was prepared, providing details of both the system Grade (D) and category (LD2) on this occasion.

GET IN TOUCH

If you have any similar scare stories, please email the image, along with a brief description, to our website www.select.org. uk/my-select/submit-dangerousinstallations or email them to memberservices@select.org.uk CABLEtalk

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33

FOCUS FINAL INTEGRATED COMPETENCE ASSESSMENT

Slaying the FICA myths From recent apprentice feedback, it’s clear that the Final Integrated Competence Assessment (FICA) has a mythology all of its own.

Here, we put three of the most popular preconceptions to the sword – and hopefully make this rite of passage a little less daunting for future candidates

By Elaine Ellis Qualifications and Skills Development Manager, SELECT

O

kay, FICA is challenging.

But with the right preparation, many apprentices complete it at their first attempt. So why do so many misconceptions still exist?

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FICA centres are licensed by the Scottish Joint Industry Board (SJIB), who review them with National Electrotechnical Training (NET).

Part of this quality audit involves interviewing the apprentices sitting FICA. Feedback from recent one-to-ones saw a general view that FICA “wasn’t as bad as I expected” and content “made sense and was fair” (I’m paraphrasing slightly). Other candidates said that, contrary to expectation, centre assessment staff were supportive and helped put them at ease throughout.

So far, so good. However, on further discussion, it was clear that some preconceptions still remained…

MYTH 1: The FICA assessment is secret

While the exact content of the marking statements and strategy remain confidential, there’s a wealth of available information to help apprentices prepare to sit FICA. Preparation is essential for each section, and the apprentices who pass

WHAT IS FICA? FICA is the final unit of the SQA/SJIB SVQ in Electrical Installation at SCQF Level 7.

Designed by a team of electrotechnical experts, with additional employer input, it tests an apprentice’s practical skills and knowledge against core industry competencies.

It’s well respected throughout the industry and helps employers to know that successful candidates are well placed to work in a wide range of roles to high standards.

first time are always those who do the most work beforehand. As well as preparing for the day itself, candidates should also get as much practical work-based experience for each of the different skillsets being tested.

The SJIB website (www.sjib.org) has a FICA section with information to help candidates prepare for the assessment and an image of an actual FICA booth.

Information on the website is aimed at

both employers and apprentices and is constantly being reviewed and updated.

For example, the SJIB recently commissioned a series of bite-sized inspection and test videos, which are now available on the site. These were introduced to help apprentices get access to accurate guidance as they prepare to sit the inspection and test section.

A FICA candidate checklist on the site is also designed to be completed together by apprentices and employers to help prepare. And information evenings held by the Scottish Electrical Charitable Training Trust (SECTT) are another excellent opportunity to learn more.

All this help reinforces the maxim there’s no value in attempting FICA unprepared. After all, a candidate’s first attempt is paid for through the SJIB training programme and the second by their employer. But apprentices themselves pay for any subsequent attempts – so sitting it without sufficient preparation and workplace experience can be frustrating and costly.

MYTH 2: FICA has tricky elements designed to deliberately mislead

Sorry to disappoint you, but there are no trick questions and no trick instructions, either written or verbal.

FICA’s only purpose is to focus on the

key skills needed for each skill area, be that inspection and testing or composite installation. It’s there to test your ability to follow instructions – which is why it’s vital that candidates read and follow the specification carefully, and then undertake key electrical skills properly.

Each part of FICA is carefully monitored to ensure the instructions are clear and fair. The FICA Review Group oversees the whole process and helps to ensure the assessment is consistently transparent and to the standard expected by the industry.

It’s also important to ensure that apprentices haven’t picked up any bad habits on site, which is why going back to college notes to study best practice can be worthwhile. The less familiar an apprentice is with a skill area, the more they can over-complicate the task or make mistakes as a result of inexperience. That’s why both work experience and FICA-focused preparation is essential.

The useful Candidate Things to Remember handout from the SJIB contains information to prevent apprentices making basic mistakes that can stop them passing a section.

MYTH 3: Assessors look to fail apprentices

Again, I’m paraphrasing, but before taking FICA, many apprentices said they

expected the assessors to be watching them like hawks to find any excuse to mark them negatively. Many also said they expected the assessors to be unapproachable. However, when it came to the day itself, these same candidates said were surprised how approachable they were and the steps they took to put them at ease.

Of course, the assessors can’t give candidates answers or help them with what to do – that would defeat the whole purpose. But they can answer any questions the apprentice may have on the instructions, and do their best to help with any concerns during the assessment.

The assessors are motivated by seeing good apprentices succeed – it makes their job enjoyable. They really do want to see well-prepared apprentices pass first time. It’s why they all stress the need for preparation and work-based experience as the not-so-secret ‘secret’ to a first-time pass.

Any further feedback on FICA or the resources created to help apprentices is always welcome.

The existing resources were created after employer feedback, so we’re always keen to hear more. To give feedback about FICA and its resources, email me at elaine. ellis@select.org.uk or call me on 0131 445 557.

i

CABLEtalk

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FOCUS RETENTIONS UPDATE

Picking up the pieces Amid the rubble of the Carillion fiasco, more companies are revealing how they’ve been left out of pocket by the fallen giant’s retentions abuse. Such first-hand testimony suggests the industry is facing increasing financial distress – so how can we put things back together and ensure it doesn’t happen again?

By Professor Rudi Klein SEC Group CEO and Barrister

R

ecently, I was talking to a groundworks contractor engaged by the now defunct Carillion on a large hospital project.

The contractor is a £35 million turnover business but was owed a retention of £750,000 by Carillion, which it now won’t get back.

On top of this, it’s also owed £9 million in other outstanding progress payments.

This contractor will survive – but only just. But its plight, and that of many 36

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others, reveals the true extent of Carillion’s indebtedness to its supply chain. Moreover, it also reveals the dirty underbelly of construction payment practices to the general public and government alike.

We know that Carillion was thieving retentions from its supply chain when its direct clients weren’t requiring them. But we also have to acknowledge that it wasn’t the only purveyor of payment abuse.

Carillion’s practices were contagious and its competitors had to follow suit if they were to compete with them. Many were also content to do so because, like Carillion, they were – and still are – heavily undercapitalised.

The Carillion saga has highlighted the precarious nature of the balance sheets of the industry’s largest companies. It has also put hundreds of companies in its supply chain into severe financial difficulties. Even before Carillion, UK construction insolvencies had jumped 8 per cent to 2,633 according to accountants Moore Stephens. Their research also disclosed that firms were now waiting an average 69 days for payment.

More recently, Northern Ireland firm Lagan Group – responsible for a number of motorway upgrades in Scotland – announced that its construction

£750k £9m owed to one contractor

by Carillion

outstanding payments to same contractor

businesses had gone into insolvency.

From these and other stories, it’s clear that time is against us. Given the financial state of the industry it’s more imperative than ever that we pile on the pressure to protect cash retentions.

Many of you have already helped in our fight against retentions. So what’s the next step and what can we do now?

STEP 1: Pester your MP

If you haven’t done so already, ask your Westminster MP to write to the business secretary in London, Greg Clark MP, asking him to support the Construction

are inserted in sub-contracts and sub-sub-contracts.

To spark such a debate, please use the MP letter at bit.ly/MP_letter, find your nearest MSP at bit.ly/my_MSP and email your thoughts to them.

For those of you who’ve already written to your MP and MSP – thank you and please keep up the great work.

To others who might be swithering, please join in this final push. I’d hate to have the same conversation with you as I had with the groundworks contractor left high and dry by Carillion.

CHANCELLOR’S CALL FOR LATE PAYMENT EVIDENCE GIVEN A CAUTIOUS WELCOME

69

average number of days firms now wait to receive payment

8%

rise in UK construction insolvencies

27 April second reading of Construction (Retention Deposit Schemes) Bill

(Retention Deposit Schemes) Bill 2018.

The Bill was introduced in the House of Commons in January and is coming up for its second reading on 27 April. It declares that contract clauses enabling retentions to be deducted will be illegal unless the monies are in a ring-fenced pot. I gave a sample letter and how to find your MP’s address in the last issue of CABLEtalk – you can find the details again at bit.ly/MP_letter

STEP 2: Pester your MSP

As well as your Westminster MP, you can also ask your MSP to initiate a debate in

in Parliament

the Scottish Parliament about payment security in the Scottish construction industry. Irrespective of what happens at Westminster, the Scottish Government should be taking a robust view of payment security in construction. To this end, it should: ●●immediately take steps to secure retention monies on all public sector construction ●●reduce the threshold for mandating project bank accounts from £4 million to £1 million ●●challenge public bodies that are not ensuring that 30-day payment clauses

The Specialist Engineering Contractors’ (SEC) Group has given a cautious welcome to the Chancellor’s call for evidence “on how we can eliminate the continuing scourge of late payments”.

The construction body joined other business leaders to favourably acknowledge Philip Hammond’s commitment to tackle the issue, made during his Spring Statement in March.

They said they will now be inviting the Chancellor to act swiftly to implement measures that will provide long-term payment security for the small firms who make up the majority of UK construction businesses.

SEC Group CEO Rudi Klein said that despite almost 25 initiatives, reports, codes and charters designed to improve payment performance over the last 10 years, the industry is still the worst sector for payment abuse.

He added: “All these initiatives have not brought about the hoped-for improvements in cash-flow security.

“However, the wording of the Chancellor’s statement appears to show a determination to deal with the problem once and for all.”

The SEC Group now intends to urge the Chancellor to support legislation that will mandate the use of project bank accounts and ensure that retention monies are protected in the event of insolvencies up the supply chain.

CABLEtalk

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37

FOCUS CONTRACTUAL UPDATE

Beware the

Terminator In his regular focus on potential contract issues, Len Bunton looks at the painful issue of termination by an employer

stepped down into the SBC subcontract as well.

However, before I do that, I want to refer back to a previous article when I wrote about reading the small print in your contract or sub-contract, particularly to see if there are onerous termination provisions that you need to be aware of. One little beauty you’ll find states: “The sub-contract may be terminated at any time by the contractor.” So beware!

In my last article, you might remember that I also dealt with the yellow and red card system in the industry – and when it comes to termination, we’re definitely in red card territory.

SBC Section 8 deals with termination by employer and termination by contractor, so for starters I’ll look at what the processes and consequences are.

Termination by the employer

By Len Bunton

FRICS FCIArb, HON FRIAS

SEC Group Scotland

I

n the last edition of CABLEtalk I dealt with suspension of obligations under a building contract. If that was complicated, then my subject this time is termination, which is even more difficult, sometimes downright nasty, and to be avoided if at all possible.

To do this, I’m going to look at some of the issues concerning termination as set out in Section 8 of the Standard Building Contract with Quantities for use in Scotland, 2016 Edition, which I’ll refer to this as the SBC. You should be aware that the provisions I refer to are 38

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Frankly, this is the last thing contractors want to happen because the financial consequences are dire. However, it appears to be happening more and more because of market conditions.

Termination by the employer can happen due to the default of the contractor in five areas, and all before practical completion. I will identify these and comment on some of the practicalities.

If the contractor without reasonable cause wholly or substantially suspends the carrying out of the works, or the design of the contractors designed portion, then this is a default by the contractor and grounds for termination by the employer.

Bear in mind the point of suspending is different from the entitlement to suspend as set out in my last article.

“Frankly, this is the last thing contractors want to happen because the financial consequences are dire” In my experience, the type of circumstances that can rise are where a contractor or subcontractor doesn’t turn up on site for a period and hasn’t notified the employer or the contractor.

The next default issue is where the contractor does not proceed regularly and diligently with the works or the design of the contractors designed portion. This is an old chestnut, but what does the expression mean?

I dealt with this issue in adjudication recently and basically the contractor argued that the subbie was not progressing the work every day and per the programme, resources were changing every few days, and there were areas of unfinished work that could have been completed. The answer to this is my other old drum I bang on about constantly – keeping good records. If you can’t progress your works then tell the employer – or the contractor if you’re a subbie – and give the reasons clearly.

Architects’ instructions

The next default issue is where the contractor refuses or neglects to comply with a notice or instruction from the architect to remove any work, material and goods not in accordance with the contract, and by such refusal the works are materially affected. Another difficult one, and here is why.

Let’s say that the architect asks for a brick wall to be taken down, and the contractor considers there is no justification to do so. What happens?

The architect would need to give good reasons for why he thinks the wall should come down and be rebuilt. The contractor would need the same.

Should the contractor get a second opinion, for reference later, from an engineer? I would certainly suggest record photographs or even a video of the work in question, for record purposes, and for future reference.

You can have a quick adjudication, but

that could take 28 days, and how is the work in question affecting the progress of the works? It may well be that the contractor will have no option to demolish, rebuild and argue later, so not satisfactory at all.

The next default issue relates to non-compliance with Clause 3.7 or 7.1.

Clause 3.7 relates to consent to subcontracting. The contractor has to get the architect’s consent to sub-contract the whole or part of the works, but I can’t say that I’ve ever seen this to be an issue.

Clause 7.1 refers to assignation, and SBC states that neither the employer nor the contractor can assign the contract without the consent of the other. The next default relates to non-compliance with Clause 3.23, which relates to compliance with the CDM regulations.

So, having determined the default issue, what are the procedures to follow?

This is something that the employer has to get spot-on. First, the architect has to give the contractor a notice specifying the default or defaults; these are referred to as ‘specified’ default or defaults. The contract will say at Clause 1.7 how notices are to be given, which you must comply with.

If the contractor continues a specified default for 14 days from receipt of the notice, the employer may terminate the contract on that date, or within 21 days from the expiry of that 14 day-period by a further notice. However, if the employer does not give a further notice but the contractor repeats a specified default, then upon, or within a reasonable time after such repetition, the employer may give notice to terminate the contract.

As I said above, it’s essential for these procedures to be followed to the letter as I’ve seen plenty of cases where it wasn’t carried out properly and it all just got into a complete muddle.

There are further provisions in relation Continued on page 40 CABLEtalk

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FOCUS CONTRACTUAL UPDATE Continued from page 39

to termination by the contractor. Clause 8.5 deals with insolvency of the contractor. This is obviously a horrendous situation as we in the industry have seen recently. In a future article, I might explore what happens when insolvency happens, but for now, if the contractor is insolvent then the employer may at any time by notice to the contractor terminate the contractor’s employment under the contract. Several issues happen thereafter, and I will deal with these when I look at the consequences of termination.

The contractor’s obligation to carry out and complete the works and the design of the contractor’s designed portion are suspended. The employer can take measures to ensure the site and the works are protected – insurance and security spring to mind – and materials are kept on the site.

Another and final ground for termination relates to the Corruption and Regulation 73(1) (b) of the PC Scotland Regulations, which is the Public Contracts (Scotland) Regulations 2015.

The employer is entitled to give notice to the contractor to terminate the contractor’s employment under the contract, or any other contract, if the contractor or any person employed by him shall have committed an offence under the Bribery Act 2010, etc.

Default consequences

So the employer identifies the default or default(s), the notices are given and issued properly and the contractor has gone – so what are the consequences?

There are plenty – and in my experience of insolvency it’s usually panic and mayhem. The project has to be built, but who will do it? Subbies are floundering because inevitably they haven’t been paid, and folk want to remove their materials

because they’re owed money. Sometimes you just need to stand back for a few days to let matters settle down a bit.

The conditions say that of course the employer may employ and pay others to carry out and complete the works, and possibly the design for the contractor’s design portion (the latter of course can be a minefield). The employer takes possession of the site, and may use all

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temporary buildings, plant, tools and equipment, and site materials to complete the works.

The architect can direct the contractor to remove all temporary buildings and plant etc. A lot of this depends on how the employer decides how to complete the contract. There are a few options – bring in another contractor, who might engage the sub-contractors who were involved earlier with the first contractor, or bring in a construction manager and retain the original subbies. Some employers, like experienced property developers, have the in-house skills to manage the build-out of the job.

In terms of re-engaging the subcontractors, that itself can bring many issues. They’ll be feeling mighty sore as inevitably they’ll be owed a lot of money by the contractor who’s gone. So there will be a re-negotiation of the subcontract sum, and I’ve seen instances where subcontractors try to recover some of their losses, which is inevitable in my opinion. The contractor has to pass

“Sometimes you just need to stand back for a few days to let matters settle down a bit”

all of the contractor’s design documents to the employer free of charge, and also to assign to the employer without charge, the benefit of any agreement for the supply of materials and/or for the execution of any work for the purposes of the contract.

In practical terms, what actually happens on the site is that a number of issues run in parallel. The site usually closes down and needs to be insured and secured, and any Construction Design & Management (CDM) Regulations or health and safety issues need to be dealt with. The design team would check the works to determine any defects or non-compliant workmanship that needs to be rectified at a later date, which of course carries a cost. Again, videos or photos are critical for future reference.

Financial position

The financial position on site needs to be established by the quantity surveyor, and often the technical representative of the administrator will be involved because in due course the administrator will want to try to collect some payment from the employer. The SBC sets out what the financial position is between the parties, with no further sums due to the contractor until much later on, when all the final accounting processes have been dealt with. In my experience, this can take months and, on occasions, years.

Following completion of the works and making good any defects, an accounting exercise is done within three months to determine the costs incurred by the employer in completing the works, including issues like additional professional fees, defects rectification etc.

The amounts paid to the contractor also need to be established and what the cost of the works would have been had the contractor completed the works. So it really is a complex situation to deal with.

There is another provision in SBC at Clause 8.8 which provides for a position

whereby if, within six months after termination, the employer decides not to have works carried out and completed, then he has to notify the contractor. Again, there is an accounting exercise required to determine the value of work at termination and any costs incurred by the employer. It then it has to be determined if any money is due to the contractor from the employer, and vice versa.

Commercial interests

In closing, I want to make a few points.

It is clear, as I have stressed, that termination is a serious business and the paperwork and justification for it has to be right, because I’ve seen it successfully challenged so many times.

Inevitably, subcontractors will suffer in all of this. That’s why it’s very important for them to ensure they comply with the subcontract payment provisions and meet the dates. It’s also vital to submit fully detailed applications for payment, make sure they get paid on time and don’t let debt build up. In other words: Keep on top of their cash flow.

Post-Carillion, the industry, and particularly subcontractors, need a good shake-up about looking after their commercial interests more effectively and also in chasing retentions.

Termination is a horrible process and termination for insolvency is even worse.

Times are not getting any easier in our industry, hence the need for much more focus on protecting your company’s commercial interests. It’s a drum I will keep banging.

I’LL BE BACK...

In the next edition of CABLEtalk, Len will look at the causes and results of termination by the contractor.

CABLEtalk

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TRAINING SECTT / CABEC

Girl p

By Anne Galbraith Chief Executive, SECTT

An all-female team of teenage school students from Dalkeith triumphed in this year’s Construction and Built Environment Challenge (CABEC) – and as always, the standard was high and the competition tough

T

he talented young women from 1ST Newbattle Community Newbattle Community High High School School, Dalkeith, were creating a picnic bench, ●●2nd – Balerno High School Midlothian Teacher: Jennifer celebrating making a technical ●● 3rd – North Berwick Watson after winning this year’s sketch and High School CABEC final. The teenage team designing a road Each team won gift saw off a strong challenge from for 2049. vouchers, with the three CHALLENGE their fellow S2 pupils to triumph in the They were then winning schools PROVIDERS annual competition, which this year marked on a number receiving a cheque for ● Edinburgh College ● Heriot Watt University took place at the Edinburgh Corn of criteria, including their craft design ● Historic Environment Scotland Exchange on Thursday 11 January. teamwork, technology (CDT) ● Napier University This event was the culmination of a understanding and department. As you’ll ● Scottish Electrical Charitable number of heats that saw 300 pupils carrying out see from the cover of Training Trust (SECTT) from Edinburgh and the Lothians instructions, working this issue, Newbattle ● SCRUC, Oatridge Campus ● West Lothian College taking part, with the top 100 going safely, and completing were also presented through to the final. the tasks. The full list of with a large trophy, which On the day itself, the teams were set a winners was: they proudly showed off. series of construction, engineering and ●●1st – Newbattle Community Afterwards, Newbattle teacher building challenges that included High School Jennifer Watson said: “My group

42

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ower!

Newell said: “I have supported CABEC for a number of years and was delighted to be asked to present the prizes.

“All the teams were excellent and a credit to themselves and their schools. Hopefully they will now consider a career in construction and the built environment.

“One thing’s for sure – if they apply the enthusiasm and creativity that was shown today to their careers, the future 2ND certainly looks bright. Well done to all who took part.”

Balerno High School, Edinburgh Elaine Ellis, from the Electrical Teacher: James Education Training Foundation MacLeod (EETF), who is also Qualification and Skills Manager at SELECT, added: “SELECT and the EETF have provided sponsorship for this competition for a number of years as we recognise the positive impact of CABEC. “The event highlights the great career opportunities in construction and the built 3RD environment. Every year North Berwick High we continue to be amazed School, East Lothian Teacher: Amy at the high calibre of Johnson entrants. The talent on display is amazing!”

Held each year since 1999, CABEC sees local college and university staff and training providers devise and run challenges for teams of S2 pupils aged 13 and 14.

All schools in Edinburgh and the Lothians are invited to put forward a team of 10 pupils, with the aim of showing them the varied and exciting careers available at this vital stage in their education.

During this year’s heats, pupils were thoroughly enjoyed the was so great with my group and given a wide range of tasks, including whole experience and are still encouraged them to do challenges building twisting brick pillars, talking about it every time that they would have never monoblocking, making a fan trellis for they see me. tackled. I’m already looking SPONSORS ● Construction their school garden, and plumbing in “The competition for a team for next year Industry Training a radiator. brought them together and my girls are very Board (CITB) On a personal level, I’m proud to and gave them disappointed they ● Edinburgh City Council manage the challenge and source experiences that they can’t do it again.” ● Edinburgh College can’t get in a Personally, I was sponsorship to ensure we can continue ● Electrical Education Training Foundation (EETF) classroom. very impressed by the to inspire pupils for the next 18 years. ● Napier University “Several of them are teams, who all worked ● Scottish and Northern now very interested in extremely hard on the Ireland Plumbing careers that are linked day. I was also delighted Employers Federation (SNIPEF) to the activities in the that Newell McGuiness, For further information about competition and I’m helping Managing Director, SELECT, SECTT and CABEC, visit www. them along the way. was able to attend and present sectt.org.uk call 0131 445 5659 “Everyone involved in the competition the prizes. or email admin@sectt.org.uk

i

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In association with

Will legislation push up your business costs?

By Mike Hepburn Employment Tax Senior Manager, BDO LLP April 2017 saw one of the biggest changes in the way contractors operating under a personal service company were paid with the introduction of the Intermediaries Legislation. A personal service company is one where the services are delivered by a contractor who is also the owner and director of the business. You may have missed the introduction of the legislation because, to date, it has only affected contractors providing services to the public sector (not just the NHS, all governmental bodies).

It came in with little fanfare and only got real publicity when the IT contractors programming HMRC’s assessment tool walked out after realising that it would affect them.

So what is this new law and why should I be concerned?

The Intermediaries Legislation was introduced to ensure that where an individual would have been an employee if they had been providing their services directly, they pay broadly the same tax and NIC as an employee. The UK Government announced at the last Budget that it will monitor the situation in 2018 and consider whether the legislation should be extended to cover the private sector. It is consulting more widely on what it sees as employment status problems.

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How does it work?

The engager of the services must use the HMRC tool called Check Employment Status for Tax (CEST) to assess whether the contractor could be considered an employee. It asks questions about the core principles of direction, supervision and control and gives an opinion. If the CEST assessment confirms that the engagement falls within the Intermediaries’ Legislation, the engager must process invoice costs, less VAT, through the payroll and deduct tax and NIC. This will act as a credit for year-end reporting for contractors but will hit their cash-flow.

Take action now With all of the uncertainty, many will prefer to take a ‘wait and see’ approach. However, that’s not always the best strategy: reviewing your contracts and working practices now to see how you may be effected will help you to act quickly if the goalposts are moved in future.

l Contact Mike on michael.hepburn@bdo. co.uk or 0131 347 0355.

BDO LLP is a leading accountancy firm in Scotland with offices in Edinburgh and Glasgow, advising companies of all sizes on a wide range of business issues. More at www.bdo.co.uk

APRIL/MAY 2018

PRODUCT SHOWCASE Our guide to the latest 1 SCOLMORE MAKES ITS MARK WITH BESPOKE IN-HOUSE LASER ETCHING Scolmore has added to its GridPro range of interchangeable mounting plates and modules by offering in-house laser etching.

Designed to save customers time and money, the etching is done with a special laser printer for a precise, permanent, fine marking effect.

Fourteen of the most popular printed legends will be produced, including dishwasher, cooker hood, washing machine and fridge freezer, with Scolmore also offering a bespoke service if required.

The GridPro range offers the flexibility to create multi-function 1 to 24 gang plates which integrate with Scolmore’s Click wiring range.

For further information contact Scolmore on 01827 63454, email sales@scolmore.com or visit www.scolmore.com

3 ESP ADDS NEW EMERGENCY LOG BOOK BOX TO ITS SECURITY RANGE ESP has added metal A4 document boxes to its growing Essentials range of security products.

The boxes provide customers with the means to securely store the various fire and emergency lighting system log books that are an essential part of maintaining a safety recordkeeping system on site.

The lightweight, wall mountable metal boxes weigh just 2kg and have a powder coated finish. They measure 310 x 250 x 80mm to comfortably accommodate A4 documents. Two keys are supplied for the lockable door.

Log books are a vital way of assisting the ‘responsible person’ on site to coordinate and maintain safety record keeping systems. ESP’s new document boxes will make it easy to comply with the safe storage of this important information.

For further information, contact ESP on 01527 515 150, email info@ espuk.com or visit www.espuk.com

CONTACT OUR TEAM TO SHOWCASE YOUR GREAT NEW PRODUCTS HERE

In association with

electrical solutions 2 LEWDEN CONSUMER UNITS PERFECT FOR DOMESTIC AND COMMERCIAL USE Lewden’s range of metal consumer units have been designed to be aesthetically pleasing and unobtrusive, making them perfect for both domestic and commercial installations.

The range consists of six enclosure modular sizes, with earth and neutral terminal bars clearly labelled and positioned at the top of the base. The unit has ample wiring space with a selection of knockouts, mini trunking and conduits to ensure quick and neat installation. All plastic components are contained within the white powder-coated enclosure with self-closing door that is compliant with BS7671:2008 Amendment 3.

The range has a maximum of 19 usable ways in a variety of layouts that include populated RCBO, + MCB, RCCB, Dual RCCB, Main Switch, RCCB, split load board and empty enclosures. They also contain a shroud for the protection of live busbars.

Cable grommets are also available to create a seal around the cable that maintains IP4X Ingress Protection. To find out more, email sales@ lewden.co.uk or see the full range at www.lewden.com

4 DIMPLEX’S NEW RANGE OF HEATERS WILL KEEP UP WITH DEMANDS OF LOT 20 Dimplex has launched its PLXE range of Lot 20-compliant panel heaters, designed to meet the EU’s new Energy Efficiency Directive for ‘fixed’ heating products.

Released as an upgrade to existing Dimplex models, the range includes electronic thermostat control for room temperature stability to +/-0.2ºC, seven-day timer and open window detection.

The range of seven models feature a sleek new slimline design that will cover traditional panel heater fixing marks. They’ re styled with a ribbed front, louvred grille and neutral white paint colour, and offer a splash-proof epoxy-polyester powder-coated steel casing.

Advanced controls include standard timer modes, plus a new PIN-based landlord lock allows for greater control and convenience.

The range provides heat output from 0.50kW to 3.0kW, with the forward-facing louvred grille allowing optimum heat circulation, with an adjustable max set point range of 7-32ºC. Safety features include overheat detection, thermal cut-out and auto-reset.

To find out more about the new PLXE range, visit dimplex.co.uk or call 0344 879 3586.

David Hughes: 0131 561 0022 davidh@connectcommunications.co.uk

Smash and grab: Where are we now?

By Rebecca Barras Solicitor, MacRoberts LLP The 2011 amendments to the Housing Grants, Construction, and Regeneration Act 1996 (‘the 1996 Act’) aimed to improve contractors’ rights to regular payment and encourage the resolution of construction disputes through adjudication. The result? An explosion of smash-and-grab adjudications.

Smash-and-grab is the term given to an adjudication, typically referred by the contractor, asking the adjudicator to find that the notified sum is due. In the absence of valid payment/ payless notices, the 1996 Act determines that the notified sum is that claimed in the contractor’s payment application. The adjudicator’s jurisdiction is restricted to the dispute referred to him, typically the adjudicator will find in the contractor’s favour if payment/payless notices are deemed to be invalid.

Until recently, ISG v Seevic and Galliford Try v Estura Ltd determined that failure to issue valid payment/payless notices, deems the employer to have agreed that the notified sum was the true value of the works. An employer’s remedy was reconciliation in the final account process.

Last month, Grove Developments Ltd v S&T (UK) Ltd smashed through this precedent (pun intended). S&T were employed by Grove to carry out the design and build

of a new Premier Inn Hotel at Heathrow Terminal 4. Since practical completion in March 2017, there have been three adjudications, with the third deciding that a payless notice issued by Grove was invalid.

This meant S&T were entitled to more than £14m, which was the notified sum claimed in interim application 22.

Justice Coulson considered “whether...Grove is entitled to commence a separate adjudication seeking a decision as to the ‘true’ value of interim application 22”. After finding the answer was yes, he concluded there was no basis in fact for the alleged ‘agreement’ of the true value, nor a basis for this under the Act, Scheme or contract.

Smash-and-grabs will likely still be a prevalent tool to encourage employers to pay up but we may now see the use of second true value adjudications by employers.

However, Justice Coulson thought that, following his decision in Grove, bringing a second adjudication would prove too inefficient and costly, and parties might even sit down and talk it out. Given the contentious nature of the construction industry, wishful thinking springs to mind.

l MacRoberts advises on payment disputes arising from construction contracts. Email rebecca. barrass@macroberts.com or call 0141 303 1100.

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DIARY MEMBERS / EVENTS / COMPETITION GETTING TO KNOW YOU

Alistair Grant Vice-President, Inverness & North of Scotland Branch

Hi Alistair. How did you get started in the electrical industry?

Quickfire questions

My brother, who was a joiner, knew of an opening at an electrical firm. At the time I didn’t know if I wanted to be a builder, a joiner or what.

I opted for the electrical apprenticeship and stayed with them for 12 years with no regrets before branching out on my own.

Cheese or Chocolate?

I hate cheese, but I could live on chocolate.

TOOLBOX TALKS

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Glasgow

Hampden Park, 16 May

Inverness Tulloch

Dundee

Aberdeen

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What’s the best thing about being a SELECT member?

new regulations coming out and the introduction of more modern equipment, e.g. electric vehicles, we’re always learning, which can only be a good thing.

Borders

Apex Hotel, 15 May

One thing your fellow Members might not know about you?

I learned to fly in the Air Training Corps just out of school. I’ve since had a few more lessons but sadly, being a poor electrician, I can’t afford my pilot’s licence.

Favourite Film?

Highlander but I must also add I love a good old John Wayne Western.

Kilmarnock

Tweed Horizons, 9 May

Dream date?

Halle Berry.

First job?

Helping my father milking the cows on the farm. It was unpaid, as I remember.

Edinburgh

The Walled Garden, 8 May

Any nicknames?

Austie.

First car owned?

Renault 12 TS.

Technology has moved on so fast in its development, with computerised controls, LEDs etc. On the tools side, lithium battery-operated tools of all types save man hours. As an apprentice I had to bore holes by hand with a star point chisel and hammer.

Hopefully over the next few years we’ll be maintaining our high standards of customer service, which is the core of any business. With the

Favourite holiday spot?

Australia.

Dog or cat person?

Dogs – especially cocker spaniels.

How have you seen the industry change?

What do you think the future holds?

Favourite TV show?

Mock The Week.

Having someone at the end of the phone for technical advice; in my

30 M

AY

IE ODR , PITTADIUMEN ST RDE ABE

The Park Hotel, 23 May

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What else would you like to see SELECT offering to Members?

Personally, I think SELECT are well on top of everything.

Have you got an example of where SELECT helped or advised your business, or you personally?

Since joining SELECT many years ago, we now have the Scottish Government Approved Contractor Scheme alongside the Scottish Building Services Certification (SBSC), which is helping to control the industry and raise building standards.

Oban

The Wide Mouth Frog, 13 June

Isle of Lewis

Stornoway, Caladh Inn, 14 June

Orkney

Caledonian Stadium, 29 May Pittodrie Stadium. 30 May

case it has to be the phone as I fight against working a computer! Our Members are regularly kept up to date with training and any new courses, many of which are held locally. It’s also nice to discuss the industry and meet fellow Members at local and Central Board level.

Pickaquoy Centre, 20 June Aberdeen

Shetland

The Lerwick Hotel, 21 June

WIN COMPETITION EASTER WORDSEARCH £50 OF

VOUCHERS

APRIL

Last issue’s answers:

BASKET BONNET BUNNY CANDLES CELEBRATION CHICKS CHOCOLATE CHURCH CROSS DAFFODILS EASTER SUNDAY EGGHUNT EGGS GOOD FRIDAY HOT CROSS BUNS LAMBS LENT LONG WEEKEND MARCH RELIGIOUS SPRING

Last issue’s winner: Congratulations to Joan Crowley from the G&A Barnie Group Ltd, who won the Scottish place names wordsearch in our February/March issue. Joan wins a £50 Amazon voucher, courtesy of our competition sponsor, MacRoberts LLP.

In association with MacRoberts LLP, here’s the chance to win £50 of Amazon vouchers with our Easter wordsearch. Find the words listed on the right, take a pic of your finished grid and email it to memberservices@select.org.uk by 18 May 2018. Or cut it out and send it to: Wordsearch, SELECT, The Walled Garden, Bush Estate, Midlothian EH26 0SB. Winner drawn at random. T&Cs are online.

NATIONAL EVENTS Glasgow

All-Energy Exhibition & Conference, SEC 2 - 3 May

Esher EI Live! Sandown Park Racecourse 9 - 10 May

London Exclusively Electrical Trade Show, Business Design Centre 12 - 13 June

Birmingham

National Electronic Week, NEC 25 - 26 September

Glasgow

Birmingham

Birmingham The Electrical

Coventry Engineering

Homebuilding & Renovating, SECC 16 - 17 June Design and Install Expo, NEC 12 - 13 September

3 12-1PT SE RICAL

CT ELEGN AND I THE DESNSTALL I XPO E

UK Construction Week, NEC 9 - 11 October Design Show, Ricoh Arena 17 - 18 October

Birmingham

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