Workers on English construction sites can now stay one metre apart with risk mitigation measures, in circumstances where physical distancing of two metres is not viable, according to updated Site Operating Procedures.
Version 5 of the Construction Leadership Council's guidance for safe working on sites during the pandemic was developed to reflect the latest Government guidance following the easing of lockdown measures from this Saturday.
"The updated guidance provided by the CLC in respect of site operating procedures, provides further measures to enable construction activity in the 'new normal'," commented Beale & Co partner Michael Salau. "The primary update relates to the provision allowing individuals to be one metre apart, if two metres is not possible. Additionally, there are other measures such as guidance in respect of minimising the amount of time spent by individuals with others from outside their household, and guidance in respect of the provision of handwashing facilities and screening etc."
The new 'one metre plus' social distancing guidelines require workers to stay two metres apart, or one metre with risk mitigation where this is not viable. Mitigations could include installing screens, making sure people face away from each other, provision of handwashing facilities, minimising the amount of time workers spend with people outside their household or bubble, and being outdoors, the updated document says.
Mr Salau added that firms should keep in mind that, while the intention is to introduce consistent measures on construction sites in line with government guidelines, "the health and safety requirements of any construction activity remain paramount and irrespective of compliance with guidance".
"If an activity cannot be undertaken safely, it simply should not take place," he said. "Accordingly, organisations should have in place effective and appropriate arrangements for monitoring and reviewing their compliance with these guidelines and construction companies should be able to provide evidence that they are in compliance, and that they continue to monitor and review their activities in accordance with government and industry updates.
"Wherever work is carried out, a construction company should be able to justify its arrangements for that activity, or increase the risk of resulting sanctions should the construction activity be investigated, and found to have fallen foul of these requirements," he continued. "It is probable that as a result of these measures, companies may well have to find new ways of working, and this may bring increased costs, disruption and further delay to projects.
"Nevertheless, we are in the midst of a health and safety emergency, and it is therefore likely that the HSE and local authorities will be willing to intervene and prosecute in certain circumstances. In such cases, evidence of a risk based approach to implementing these guidelines will assist in avoiding prosecution and/or the enforced suspension of construction activity."
A further amendment to the Site Operating Procedures allows for canteen facilities that have been closed or offering a restricted service to now open on sites, following Government guidance on 'Keeping workers and customers safe during Covid-19 in restaurants'.
First published in Construction Law on 3 July 2020
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