CPA Bulletin

38 CPA Bulletin > August 2022 www.cpa.uk.net Legal NEWS LEGAL: 1 The Government is planning to extend the categories of medical professionals who would be eligible to authorise an employee’s sick (‘fit’) note. The following professionals will include registered nurses (including those who tend to individuals with mental health issues), pharmacists, occupational therapists and physiotherapists. At the time of writing, it is expected that the Government’s policy change will be enacted from 1st July 2022. The policy had already been extended to allow GPs to authorise notes via a digital signature. Further information on this subject can be found on the Gov UK website at www.gov.uk . Legislation approved to change ‘Fit-note’ policy TfL survey on Direct Vision Standard safe systems Transport for London (TfL) is currently working on the implementation of phase 2 of the London Direct Vision Standard (DVS). This will mean that all HGVs over 12 tonnes gross vehicle weight will be required to have a minimum three-star rated safety system or fitted with the Progressive Safe System (PSS) to enter Greater London from October 2024. Members may wish to begin the process of reviewing their fleet to ensure that it will be compliant prior to the implementation date. From 28th June 2022, the criminal courts have new powers to impose a life sentence on motor vehicle drivers who kill someone through dangerous driving or careless driving whilst under the influence of drink or drugs. The previous sentencing regime set a maximum sentence of 14 years. Those drivers who cause long-term or permanent injuries to their victims will also expect to face longer sentences. Any driver convicted of these offences whilst carrying out their duties may result in a separate civil claim being brought by the victim(s) against the employee’s employer for the injuries/losses sustained. Companies may wish to remind their staff of these new sentencing powers, and also begin or resume random drug/alcohol checks, provided these are not already being carried out. New Sentencing for Driving Offences After the successful launch of the CPA’s 2021 Terms and Conditions, work has begun on the creation of Contract Lift Conditions designed for consumer use. Within clause 11 of the 2021 Consumer Conditions for Plant supplied with an Operator, there is a reference to a ‘Contract Lift’ service being available to the consumer. However, the terminology within the existing Contract Lift Conditions, designed for business-to-business usage, would not be appropriate for a consumer. To overcome this issue, the existing Contract Lift Conditions terms would have, in essence, to be simplified - where possible - so as to comply with current consumer protection legislation. The initial draft has been completed and is currently being reviewed by CPA staff for feedback. Once that initial feedback is received, changes will be made where necessary. The updated document will be circulated to the working group involved in the 2021 reviews, and a virtual meeting will be held later in the year. No date has yet been set on when the document will be launched. On a separate note, the CPA’s updated 2021 Terms and Conditions are available to download from the website at www.cpa.uk.net/legal-insurance-plant-theft//legal/cpa-hire- conditions Draft Consumer Contract Lift Conditions