COVID-19: government issues SOP for construction sector

What activities are allowed?
Submission of information to CIDB
Operation hours and workforce capacity
Protocols for operations
Compliance with laws and other standard operating procedures
Comment

Following the prime minister's announcement on 1 May 2020 regarding the reopening of the economy,(1) the construction industry is permitted to operate with effect from 4 May 2020 (MCO Phase 4). Such operations will be subject to compliance with the standard operating procedure for construction issued by the Ministry of Works (the Construction SOP).(2)

What activities are allowed?

The Construction SOP provides that the following activities are allowed during MCO Phase 4.

Any construction work as set out in the Construction Industry Development Board (CIDB) Act 1994 is allowed. Section 2 of the CIDB Act defines 'construction works' as:

construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of-

1. any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
2. any road, harbour works, railway, cableway, canal or aerodrome;
3. any drainage, irrigation or river control works;
4. any electrical, mechanical, water, gas, petrochemical or telecommunication works; or
5. any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes-

1. any works which form an important and integral part of or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; or
2. procurement of construction materials, equipment or workers, necessarily required for any work described in paragraphs (a) to (e).

Any professional services relating to the construction industry are also allowed.

However, companies are restricted from carrying out any activities listed in the List of Prohibited Activities. At the time of writing, the List of Prohibited Activities includes no construction-related works.

Submission of information to CIDB

For the purpose of operations during MCO Phase 4, companies must submit information relating to their ongoing construction projects to the CIDB via the CIDB's online portal. In addition, companies should prepare and ensure that documents relating to their ongoing construction projects are made available at the construction site or premises for inspection by the relevant authorities.

Operation hours and workforce capacity

There is no stipulated number of operation hours for the construction industry. Pursuant to the Construction SOP, operations may be conducted on a 24-hours basis. However, any attendance to clients can take place only between 8:00am and 5:30pm.

Companies can utilise 100% of their workforce in their operations during MCO Phase 4.

Protocols for operations

Social distancing and maintaining a high level of occupational health and safety are emphasised in the Construction SOP. In connection therewith, the Construction SOP outlines protocols(3) for matters including:

• the management of the workforce;
• the vehicles used to transport workers;
• the movement of workers;
• the transportation of construction materials and supplies;
• providing information to employees on COVID-19 preventive measures and company standard operation procedures;
• the appointment of a coordinator to supervise the COVID-19 preventive measures;
• establishing an emergency response protocol;
• cooperation with the relevant authorities by implementing contact tracing;
• implementation of COVID-19 preventive measures at the entrance of construction sites or premises;
• implementation of COVID-19 preventive measures during the execution of construction works;
• the decontamination of toilets;
• the management of workers' break time;
• returning-from-work reminders and notifications;
• the decontamination of workers' accommodation at construction sites or premises; and
• the maintenance of records of workers' details, cleanliness of construction sites or premises and the company's management of risk relating to COVID-19.

Compliance with laws and other standard operating procedures

Apart from the Construction SOP, companies should observe and comply with:

• the relevant laws, in particular the CIDB Act and the Prevention and Control of Infectious Diseases Act 1988;
• regulations issued by local authorities; and
• other standard operating procedures issued by the CIDB,(4) the Malaysia National Security Council, the Ministry of Health and other relevant ministries or government agencies.

Comment

The resumption of operations for the construction industry will be welcome news for many companies with ongoing construction projects. However, given that the Construction SOP has an extensive list of protocols which companies must implement in order to operate during MCO Phase 4, it remains to be seen whether operations can indeed be resumed as early as hoped.

For further information on this topic please contact Jocelyn Yean Tse Lim or Rachel Chiah at SKRINE by telephone (+60 3 2081 3999) or email (jocelyn.limyeantse@skrine.com or rachel.chiah@skrine.com). The SKRINE website can be accessed at www.skrine.com.

Endnotes

(1) Further information of MCO Phase 4 is available here.

(2) The CIDB's English translation of the full text of the Construction SOP is available here.

(3) A summary of the protocols which the construction industry must implement in order to operate during MCO Phase 4 is available here.

(4) Further information on the standard operating procedures issued by the CIDB is available here.