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Covid-19: Construction SOP and Guidelines during MCO

27 April 2020

On 22 April 2020, the Construction Industry Development Board (‘CIDB’), which is a government agency under the purview of the Ministry of Works, published the standard operating procedure and guidelines in relation to approved operations and the movement of workers for construction projects (‘CIDB SOP and Guidelines’)[1]. Companies carrying out construction projects or related services during the Movement Control Order (‘MCO’) are required to comply with the provisions of the CIDB SOP and Guidelines.
 
Types of Construction Projects and Related Services Allowed to Operate
 
The CIDB SOP and Guidelines specifies that companies carrying out the following construction projects and related services are allowed to operate during the MCO:
 
  1. Projects under which the main contractor is registered with CIDB as a Grade 1 or Grade 2 contractor;
  2. Projects that have been certified as having achieved physical progress of 90% and above;
  3. Tunnelling works;
  4. Operations and maintenance works;
  5. Slope works;
  6. Bridges and viaducts works;
  7. Soil investigation works;
  8. Building projects with an Industrialised Building System (IBS) score of 70 and above;
  9. Construction projects with accommodation facilities for workers (such as centralised quarters for workers or workers’ camps);
  10. Emergency works that are included in the agreed terms of the contract;
  11. Maintenance, cleaning and drying of stagnant water, spraying of pesticides at construction sites which prevent the breeding of Aedes mosquitoes and other pests;
  12. Other works that, if left incomplete, may result in danger;
  13. Professional services related to the construction industry, including architects, engineers, town-planners, land surveyors, quantity surveyors, project managers, facility managers and other relevant services.
The above list is substantially similar to the list construction projects and related services previously identified by the Ministry of International Trade and Industry (‘MITI’)[2]. However, there are several changes which should be noted. Item (ii) now provides for a certification requirement with respect to the achievement of physical progress of works and item (iv) now includes a reference to operations works. Further, items (vi) and (viii) are new additions altogether.
 
Application Requirements
 
Companies are still required to apply for and obtain the prior approval of MITI in order to resume their construction projects or related services. The application is on a self-declaration basis, with the applicants being responsible for the information which they submit to MITI.
 
While applicants are not required to upload supporting documents for purposes of their applications, a company which successfully obtains approval is to ensure such documents are kept at the construction site or premises for inspection by CIDB and any other agency tasked with enforcement during the MCO. The CIDB SOP and Guidelines specifies the relevant documents to be kept, which varies based on the type of construction project or related service being carried out.
 
Operational Requirements
 
In carrying out its construction projects or related services, a company shall ensure it manage risks, the schedule of works and utilise its workforce in accordance with the scope of work. In connection therewith, the CIDB SOP and Guidelines stipulate, among others, that:
 
  • Each worker must download the Ministry of Health’s MySejahtera application for the purpose of contact tracing;
  • The company must appoint at least one coordinator to coordinate measures for the prevention of COVID-19 infection as well as to report to MITI and the Department of Occupational Safety and Health on the company’s compliance with operational requirements. The appointed coordinator must either be registered with the Department of Occupational Safety and Health as a Safety and Health Officer, Occupational Safety and Health Coordinator or Construction Site Supervisor, or be the secretary of the Safety and Health Committee at the workplace. However, for Grade 1 to Grade 5 contractors and consultancy firms, the coordinator shall be the owner of the company;
  • The company must prepare a thermal scanner and conduct temperature checks at the entrance of the construction site or premises on a daily basis. The readings from such checks are to be recorded and kept for a minimum of three months;
  • The company must prepare vehicles for the transport of workers in order to facilitate social distancing. These vehicles must be disinfected each time after they have been used;
  • The company must establish an Emergency Response Protocol to outline the steps that will be taken in the event there is a case of COVID-19 infection among the workers;
  • Workers residing outside the area or zone in which the construction site or premises is located are required to have undergone a 14-day quarantine period and to have tested negative for COVID-19 before they may commence work.
Compliance with Other Guidelines
 
In complying with the CIDB SOP and Guidelines, companies are also required to comply with other applicable guidelines by CIDB, governmental agencies or ministries. These include, among others, CIDB’s guidelines on measures for prevention against COVID-19 at construction sites and on the operation of centralised labour quarters and construction workers’ accommodation during the MCO.
 
Enforcement against Non-Compliant Companies
 
Companies should note that CIDB and other agencies tasked with enforcement during the MCO may carry out inspections at any time.
 
In the event a company is found to have failed to comply with the requirements under the CIDB SOP and Guidelines or any other applicable guidelines, the construction site or premises may be shut down and/or a stop work order may be issued. Further, CIDB may take action, which includes commencing contractor disciplinary proceedings, against the company in question.
 
Commentary
 
It is clear that companies carrying out construction projects or related services during the MCO will have to comply with an extensive range of requirements, in particular with respect to the safety and health of construction workers. This is not surprising given that the number of workers employed in construction projects are typically large, which poses a high risk of an infection cluster. The latest surge of COVID-19 infections in Singapore, where the majority of infected patients are workers residing in worker dormitories, illustrates the need for implementation of such preventive measures.
 
Our Construction and Engineering Practice Group will continue to keep you updated on the latest developments.
 
If you have any queries, please contact our Mr. Richard Khoo (Partner) at richard.khoo@skrine.com or Ms. Rachel Chiah (Associate) at rachel.chiah@skrine.com.
 
 
[1] The full text of the CIDB SOP and Guidelines is available here. At present, it is only available in the Malay language.
[2] Our Alert on the types of construction projects and related services allowed to operate during the third phase of the Movement Control Order, as published by MITI in their third set of Frequently Asked Questions (FAQs), is available here.

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