9 August 2021
Cairns and Yarrabah lockdown: update on mask requirements + some restrictions to construction.
As Cairns and Yarrabah head into their first full day of lockdown and the restriction requirements have been outlined further by the Queensland Government, it’s important to understand the requirements for wearing of masks on construction sites, as well some restrictions that have been placed on building and construction.
RESTRICTIONS ON BUILDING & CONSTRUCTION
While the industry has again been deemed essential and largely remains open, there are some differences to previous lockdowns, including some limitations on work that can be conducted.
The latest directive states that construction can continue on unoccupied premises, but where occupied, only essential or emergency construction can continue (with interactions between workers and residents, staff or visitors to be kept to a minimum).
Routine repairs should be delayed until after the lockdown has finished. However, if you are part way through a renovation, ensuring that the premises are safe, accessible, secure, and have functioning amenities such as kitchen, bathroom and laundry is considered essential.
Work can continue on:
- New home sites
- New apartments or multi-residential sites
- New commercial building sites
- Other types of buildings where the building is unoccupied by homeowners (for example, a unit renovation in an unoccupied residence – but you should check with relevant body corporates first)
- Building work being done for a business for example a restaurant, hospital, or other essential building.
Essential or emergency renovation, maintenance and service work can continue in the following instances:
- Renovations, repair work or maintenance work being done to make the property safe and functional (for example, restoring services that make a home liveable, such as kitchens, bathrooms, other plumbing work, stairs and access points, etc).
- Service trade work such as plumbing or electrical that is essential to the property, for example, genuine emergencies to maintain fresh water and electrical supply to a house/ business.
If you are performing work outlined above, check with the client to make sure they are happy for you to attend their property and limit interactions whilst undertaking the work.
Read more about the details on restrictions for businesses and events and face masks and the definition of essential repairs and construction on the Queensland Government’s website.
For more information, head to the Queensland Health website.
MASKS
Face masks must now be worn at all times (if safe to do so), even when you can socially distance. You must carry a face mask with you at all times whenever you leave your home, unless you have a lawful reason not to.
Do I need to wear a face mask on a construction site?
If you’re on a construction site, you’ll need to wear a mask at all times, if it’s safe to do so. The construction industry has remained open due to their successful adoption of COVID-safe practices and wearing a mask wherever possible is an essential part of this.
DEALING CONTRACTUALLY WITH DELAYS
If the latest lockdown has caused you to reschedule or delay work, you can manage these issues where possible via your contacts. You may be able to submit an Extension of Time to the Date for Practical Completion within the timeframe noted in your contract – for domestic building contracts, this is usually within 10 business days of you becoming aware of the cause and extent of the delay.
You should also keep everything in writing and most important of all, keep in regular contact with your client and get them up-to-speed on what’s happening.
You can read more about dealing contractually with delays on our website.
Our Members Legal team is on hand to provide contractual advice if you need it. Call us on 1300 30 50 10.
EXTRA ADVICE FOR MEMBERS
- Ensure your COVID-19 plan is up-to-date
- Implement hygiene measures – hand wash, sanitiser, and cleaning protocols
- Ensure social distancing measures are in place and enforced
- Limit numbers of people doing tasks to only those necessary.
Q&A
The restrictions aren’t always black and white and are definitely open to interpretation, so here are some of the questions we fielded and our answers. Please bear in mind that every situation is different and if you’re not sure, you can give our team a call to discuss on 1300 30 50 10. While you'll need to make the decision that is right for your business, we can talk it through with you and help you determine the best course of action.
Q: Can I enter the lockdown area for essential work?
A: Yes, but you and all of your household contacts must then follow the lockdown restrictions when you return home, for example, you’ll then need to wear a mask and restrict your movements as per the directive.
Q: I’m doing external work on an occupied residence, can this continue?
A: The restriction doesn’t dictate that certain trades are in or out or that external work on occupied residences is automatically out. It states that if the residence is occupied and you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue.
For example, if you are about to put a roof on an external carport or deck on an occupied home, and not doing so may result in damage to works already in place – work can continue. If you are building a pool and works need to continue to ensure there is no danger to the residents – work can continue.
Q: Is all residential construction closed?
A: No, there is no blanket closure of residential construction.
Q: The home is occupied; can I tell the residents to go out while I work?
A: This approach is probably not in the spirit of the restrictions and the home owners would then potentially be in breach of the ‘stay at home’ directive they’ve been given.
However, if the work is considered essential, regardless of if the homeowners are at home – i.e. if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue.
Q: I’m doing work on an unoccupied unit, but the building is occupied, can this work continue?
A: Yes, if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue. You should minimise any contact with other residents as much as possible and check in with any relevant body corporates.
Q: Is roofing work essential?
A: The restriction doesn’t dictate that certain trades are in or out. If the home is unoccupied work can absolutely continue. If occupied and you either need to start the job or if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue. Talk with your builder or client – putting on or finishing a roof is likely to be considered essential for making the home secure and ensuring no damage to the home moving forward from inclement weather.
Q: Can work on new home builds continue?
A: Yes, there is no restrictions on new home builds – but you must follow the rules around mask wearing and other rules.
Q: What is considered essential?
A: While the restriction notice indicates examples of work that are considered essential, it also states that essential work is anything that needs to continue to ensure the premises are safe, accessible, secure and functional, work can continue. Individual businesses should work with their clients to work out the best course of action for their specific project. This definition is obviously quite broad – but if you have a reasonable reason why your work is essential that you can explain to authorities, work can continue.
Q: What does safe, accessible, secure and functional mean?
A: Queensland Health and the DEPW have advised that individual contractors need to assess their own situation and determine this. However, if there is going to be any kind of negative impact on the project moving forward (for example damage to the home itself) or there are safety and accessibility concerns, you should go ahead. Ensuring a home is functional refers to amenities such as kitchens, bathrooms and laundries – amenities an owner requires for the home to be functional to live in. Be sure to talk with your clients to ensure you are on the same page and agree with the work going ahead.
Q: Can I leave my main business office open with workers in attendance?
A: While construction remains largely open, the health directive specifically states that if you can work from home, you should. This means wherever possible, your office workers should be working from home.
Q: What is Master Builders doing to be the voice of the industry?
A: Throughout the COVID pandemic we have been non-stop lobbying on behalf of the industry, and we’ve had lots of success in demonstrating why it’s essential for us to remain open and how capable we are of putting in place COVID-safe practices and complying with restrictions – it’s this compliance that is presently keeping us open.
Following the tightening of restrictions this week relating to occupied homes – which is the first time this has happened during the pandemic – our team have again been working with government to see what can be done and if anything is relaxed, we will definitely be rushing to let members know about it.
GOT MORE QUESTIONS?
We remain open for business and as always, are here to answer any questions you might have today or during the week, so please feel free to call us on 1300 30 50 10.
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