Christine Worthington: Safe workplace planning is key priority for Scottish construction
CMS partner and construction specialist Christine Worthington outlines how construction employers can make their workplaces safe for employees once restrictions are lifted.
Scotland’s construction sector, significantly impacted by coronavirus lockdown measures, is now beginning to see the first signs of light at the end of the tunnel. Last week the First Minister set out the Scottish Government’s five-step plan in the easing of restrictions which includes provisions to get the construction sector up and running in partnership with the trade unions when it is safe to do so. Restrictions on Scottish construction sites have been more stringent than in the rest of the UK since the coronavirus lockdown was announced in March with only essential works allowed to continue.
While last week’s announcement gave no specific dates for this new plan, the Scottish Government has said they will progress forward once there is a sustained reduction in the number of new infections, hospital admissions and deaths in the country.
In the meantime, construction businesses in Scotland can begin to implement the first two phases of the Construction Re-Start Model. This includes the initial planning (Phase 0) and carrying out COVID-19 pre-start site preparations (Phase 1). They will then need to obtain further approval from the Scottish Government before moving to Phase 2 to ensure it is safe to do so and in line with public health advice. In advance of this clarification, construction firms need to be preparing for what is likely to become the new normal in terms of ensuring health and safety within the workplace.
The starting point for this is to apply the existing principle that they must do all that is reasonably practicable to ensure employee safety including assessing risks and implementing a safe system for working. The risks have, however, changed so employers must now take additional proactive steps.
Last week the Construction Leadership Council published updated guidance on site operating procedures outlining key measures construction businesses need to consider in restarting works. Ensuring there are adequate welfare facilities for hand washing and increased cleaning regimes are put in place are important considerations. Many construction businesses will also need to take measures to ensure there is physical distancing in the workplace by putting in place floor markings, one way systems, restricted shared areas and, if necessary, implementing staggered shifts in order to manage numbers on a site at one time. These changes will need to be implemented while managing the usual industry safety risks and complying with the Construction (Design and Management) Regulations 2015.
Employers will need to be clear and concise in their communication with staff, as well as contractors and sub-contractors as they return to building sites and ensure that the need for compliance with new health and safety measures is promoted on an on-going basis.
While the Health and Safety Executive (HSE) retains UK-wide responsibility on health and safety matters in the workplace, the Scottish Government, Health Protection Scotland and NHS Inform are the key sources for public health information for Scotland. There is also guidance from the UK Government although it may not always be relevant north of the border.
The HSE has already highlighted what dangers could lie in store as employees return to their workplaces when it warned of an increased risk of legionella caused by closed or the reduced occupancy of buildings during lockdown. This risk, which applies to construction sites too, is particularly significant due to the increased susceptibility to legionella of those whose respiratory systems have been compromised by COVID-19.
As the construction sector waits for further roll out of the Scottish Government’s plans, it’s essential for all employers to be fully engaged in their own planning for a safe reopening of building sites. This means developing a detailed plan based on the latest guidance from both the Scottish Government and HSE. It is also important for companies to outline how they are doing all that is reasonably practicable to keep their workers safe and prevent the spread of the coronavirus.
Not only will this approach protect their workforce but it will also stop further spread of the pandemic and help ensure the Scottish construction sector can make the best possible recovery once we emerge from this prolonged period of lockdown.
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