Pro Installer March 2014 - Issue 12 | Page 24

24 MARCH 2014 PRO INSTALLER PRO NEWS www.proinstaller.co.uk GGF MEMBERS PUT FORWARD CONCERNS ON CONSUMER RIGHTS BILL The first joint GGF Conservatory Association and Window and Door meeting of 2014 on 30th January at Solihull, saw an important debate gather real momentum regarding the incoming Consumer Rights Bill – due to be enacted in Autumn 2014. At the meeting, Adam Gray and Laura Harbidge, Policy Leads for Goods and Services from BIS (Department of Business Innovation and Skills) presented the Bill’s contents and how the window, door and conservatory industry will be affected. The presentation was then followed by a Q&A session in which GGF Members were invited to put forward their concerns directly to the Government officials. The main aspects of this Bill which will affect the glazing industry are:• The Bill will introduce an “early right to reject” for goods – giving consumers the right to reject a product for a fault within 30 days and have a full refund, or agree one repair or replacement. • Time stops until the repair or replacement is given – once given the consumer has the remainder of the 30 days or at least 7 days to decide if the fault has been resolved. If the fault is not resolved then the consumer can reject then (known as the “final right to reject” and have a full refund or accept the product with the fault and have a price reduction. The consumer cannot opt for a further replacement AND a price reduction – it is one or the other. ‘The Bill will introduce an “early right to reject” for goods’ • A fault which is a latent defect can be complained about within 6 years of delivery (five years in Scotland). The remedy is repair or replacement – if the fault is not resolved then the consumer can reject the product and get a refund subject to deduction for use, or keep the product with the fault and have a price reduction. The consumer can of course opt for a further repair or replacement to fix the fault. Among the key issues raised by Members were as follows; • As the Bill is written, a consumer can have an installation of say 10 windows, reject them all for a fault on one window, and get a full refund so long as they make the windows “available” to the trader; debate ensued as to whether a trader would spend the cost and time in removing windows that could not be used elsewhere. • The Bill has not fully considered the implications on the glazing industry. Keeping Up With Health And Safety Changes Having spent a long time in the building and home improvement industry, I am well aware of how quickly new health and safety legislation can affect tradespeople and businesses. The Health and Safety Executive (HSE) was set up to help people keep on top of these changes as they occur. In this column, I will talk about some of the changes that have recently come in that may affect you. KEY DATES The key dates to remember are 6th April (the start of the tax year) and 1st October which are the ‘common commencement dates’ when new regulations take effect. First Aid regulations have recently been updated to remove the requirement for HSE to approve first aid training and qualifications. This change has been designed to reduce the burden on businesses and put common sense back in to health and safety, while maintaining standards. There were also a few changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Changes include the classification of ‘major injuries’ to workers has been replaced with a shorter list of ‘specified injuries’, and fewer types of ‘dangerous occurrence’ require reporting. RISK ASSESSMENTS As a result of injuries occurring, the HSE has issued guidance about vertically opening powered rolling doors. Where a door could be powerful enough to lift an adult or child, installers should review their risk assessment to evaluate this hazard and ensure suitable measures are provided. Before installing any new door a design risk assessment should be undertaken. The risk increases with the degree of automation of the roller shutter door and is highest where an automatically controlled door is easily accessible by members of public, though any accessible powered door needs to be assessed. New changes come in all the time and it is important to keep up-to-date with them – the HSE website is a good resource to keep on top of everything. Craig Phillips is ambassador for Swedish workwear manufacturer, Blaklader. www.blakader.com/gb/ For example, the depreciation/value (and use) of custom made windows once they have been removed as part of a refund has not been calculated. • The new Bill is supposed to makes things clear and simple for consumers and traders, however there is no chapter for mixed contracts only separate chapters each for goods and services. This makes the Bill confusing which leaves much of its content down to interpretation. • As windows, doors and conservatories are fixed to the building Members felt there should be a separate chapter for building and home improvement work within the Bill, to distinguish these goods from simple goods like TV’s and toasters. www.ggf.org.uK