In seeking to protect against Covid-19, the UK and Scottish Governments have taken different approaches to the management of construction sites.
These differences have been made clear in the advice provided in Ministers Statements and Government Guidance Notes, with, (unlike the UK Government), the Scottish Government's position being that all non-essential construction sites should close until it is clear as to how the work could be carried out safely. To understand the English position, please open this link.
Guidance Notes
The initial Guidance Note issued on 27 March 2020, provided that all non-essential businesses (such as construction, unless of a certain type) should close.
The Scottish Government provided more detailed guidance to the construction industry on 6 April 2020. This note advised that all non-essential sites were to close unless essential, with essential types of sites being listed. A detailed list of non-essential works was also provided.
A 21 April 2020 update was issued, confirming earlier advice but clarifying its position on domestic construction, which it was prepared to see continue as long as the tradesperson is well and not showing coronavirus symptoms and neither they nor any of their household are self-isolating. Social distancing requirements continue to apply.
The result of this guidance has been that the majority of contractors operating in Scotland have taken the decision to suspend Scottish sites although some construction sites remain open.
Procurement Policy Notes
Links to SPPN 5/2020 and CPN 1/2020, which should be read together. These are policy notes aimed at contracting authority staff involved in the planning and delivery of public works projects. If you are a business with public sector clients you should consider whether you can take advantage of their provisions as they provide supplier relief where it is proving impossible to provide a full or any service to the client.
Legislation
The Coronavirus Act 2020 is a UK statute. By reference to that Act the Scottish Government has passed The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020. This Regulation was amended on 21 April 2020 so that all businesses that remain open are subject to the condition that they take all reasonable measures to ensure a distance of 2 metres is maintained between any persons on their premises.
Summary
Due to a combination of the foregoing guidance and legislation most construction sites in Scotland are currently shut. We recommend that before any decision is taken to re-open the site that legal advice is taken and careful consideration is given to supply chain engagement.
If you are an Employer with an ongoing project on site it is crucial to bear in mind a client's ongoing duties under the Construction (Design and Management) Regulations 2015. Accordingly, we would recommend that all Employers with projects on site at the current time request from their principal contractor a copy of its revised construction phase plan as updated in line with current requirements, including the Construction Leadership Council's current Site Operating Procedures, together with other information to demonstrate compliance with its obligations under the CDM Regulations and other relevant health and safety legislation, and review the information provided for compliance.
Similarly, contractors at any stage in the supply chain who have been required to stop works, due to Employer instruction or otherwise, should consider their obligations and rights under their contracts and ensure all relevant notices are issued in good time and updated as circumstances dictate.
