Schedule 11: Construction products regulations Paragraph 2 - General safety requirement Background
These will be new powers. Following the Grenfell Tower fire, it became apparent there was no general safety requirement applicable to construction products. Such products are not usually covered by consumer protection legislation.
Example 1
A manufacturer launches a new kind of brick tie onto the market. This product is not subject to a designated standard or to a technical assessment and has not been added to the safety critical list (but could be added). After a few months in use, when installed correctly, these brick ties begin to fail, bringing about the risk that walls incorporating these ties will collapse, injuring passers-by. The proposed regulations will require the manufacturer to ensure their products can be used safely by identifying the risks associated with the use of the product, and doing what can be done to mitigate this risk, including providing information about risks associated with using the product. If the product cannot be used safely, the product must be withdrawn from the market and, if possible, corrected before it is placed back on the market. The regulations will allow regulators to take action if the products are not removed from the market, and, potentially, bring a prosecution against relevant parties in the UK supply chain.
Example 2
If claims have been made through advertising, or in marketing material, about the performance of the ties which were misleading, then the regulations will allow regulators to take enforcement action against the relevant party, issue sanctions and potentially bring prosecutions. For example, if false statements are made about the mechanical performance of the new kind of brick tie which impacts its suitability for a particular intended use, the regulations would allow the relevant authorities to take action in relation to such a misleading performance claim, initially by requiring the misleading information to be corrected. This could go as far as requiring the product to be removed from the market until the misleading claims are rectified, with the potential for penalties up to, and including, fines or even imprisonment in certain circumstances.