Written by Larissa Buriak and Arvin Nitchingham
Occupiers of construction sites in Greater Sydney have experienced another week of change in respect of their obligations regarding unoccupied construction sites.
Under the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 (Order), from Wednesday, 11 August 2021:
An occupier of an unoccupied construction site in Greater Sydney must not allow more persons on the construction site than the lesser of:
- the number of persons that is equivalent to 1 person per 4 square metres of space on the construction site; or
- if there is a current resourcing plan for the construction site, the number of persons that equals 50% of the maximum daily workforce of the construction site.
Construction workers on unoccupied sites from the following declared local government areas - Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Parramatta, certain parts of Penrith, Bayside, Burwood and Strathfield (relevant construction workers), can only return to those unoccupied construction sites subject to the following requirements:
- The relevant construction worker has had:
- 2 doses of a COVID-19 vaccine;
- 1 dose of a COVID-19 vaccine at least 21 days ago;
- 1 dose of a COVID-19 vaccine within the preceding 21 days and has been tested for COVID-19 within the preceding 72 hours; or
- has a certified medical contraindication and has been tested for COVID-19 within the preceding 72 hours,
(the vaccination requirements)
- The relevant construction worker must:
- carry the required evidence; and
- produce the required evidence for inspection if requested by the relevant construction worker's: employer; or the occupier of the (unoccupied) construction site; or a police officer; or an authorised officer.
- An occupier of an (unoccupied) construction site must not permit a relevant construction worker to enter or remain on the construction site unless the occupier of the construction site is satisfied that the relevant construction worker has complied with the vaccination requirements and is carrying the required evidence.
Please get in touch if you would like to discuss the Order the and the obligations of occupiers of unoccupied construction sites.
