Covid-19: Ministry of Works FAQs for RMCO

On 10 June 2020, the Ministry of Works (‘KKR’) issued a standard operating procedure for the construction industry operations (‘Construction SOP’)1 effective for the duration of the Recovery Movement Control Order2 (RMCO’). Shortly after, on 15 June 2020, KKR published a series of frequently asked questions (‘KKR FAQs’)3 addressing the common queries arising from the Construction SOP. The standard operating procedure previously issued by the KKR for the Conditional Movement Control Order (‘CMCO’) continues to apply during RMCO subject to the amendments highlighted in this Alert. Our earlier Alert on the standard operating procedure and frequently asked questions issued by KKR for the duration of the CMCO is available here.
The main changes made in KKR FAQs for RMCO are as follows:
Declaration to MITI
Unlike during the CMCO, construction companies are no longer required to declare and pledge compliance of the Construction SOP to the Ministry of International Trade and Industry before commencing operations during the RMCO. Nonetheless, they are still required to provide their information and pledge compliance of the Construction SOP to the CIDB. Construction companies resuming operations are required to continue to observe all the standard operating procedures available at the websites of CIDB and the National Security Council (‘MKN’) at and respectively.
Testing and Health Screening of Workers
All foreign workers in the construction sector in the Federal Territories of Kuala Lumpur and Putrajaya, and Selangor are required to undergo laboratory testing for COVID-19. However, foreign workers who applied to undergo the COVID-19 test or who are waiting for the test results are allowed to work whilst waiting their turn to be tested or for the results to be released, subject to the condition that all standard operating procedures issued by MKN are fully complied with.4
MySejahtera Mobile Application
Workers are encouraged to download and register the MySejahtera application into respective individual mobile phones for contact tracing.5
Workers Transportation
Employers are no longer obliged to provide workers transportation. However, if provided, the employers must carry out vehicle sanitisation and disinfection. Though passenger capacity is allowed at 100%, passengers must be reminded to reduce interactions in the worker bas or van.6
Workers Returning from Overseas
Workers returning from overseas are not allowed to work and enter the construction site within 14 days from the date of arrival at Malaysia. Quarantine costs is to be borne by the worker individually.7
Material/Supply Driver/Carrier
Material/supply driver/carrier with a body temperature of 37.5°C and showing symptoms such as sore throat, cough, shortness of breath is not allowed to enter the construction site/premise and must seek treatment at the health facility. The practice of hand cleanliness and the frequent use of water and soap or hand sanitizer must be observed.8
COVID-19 Positive in CLQ
Where a worker at a Centralized Labour Quarter (‘CLQ’) has been tested positive for COVID-19, the employer must provide alternative accommodation for the close contact workers at that same CLQ. Workers may be housed at a segregated location within the CLQ (separated from other workers) and monitored to ensure they do not leave the CLQ during the quarantine period.9
In the spirit of reviving the domestic economy and ensuring its recovery, it appears that the construction sector is revving up its gears, allowing foreign workers to commence work at construction sites/ premises after applying to get tested or whilst waiting for tests results to be released. While this represents a stark departure from the previous position during CMCO where foreign workers are only allowed to commence work after being tested negative for COVID-19, this is a calculated move with the comprehensive Construction SOP in place. Further, with the availability of the MySejahtera mobile application, it is hoped that all workers would cooperate and utilise the application in aiding contact tracing for the greater good though this is on the assumption that all the construction workers have smart phones to be able to download the MySejahtera application.  Balance must be struck between the privacy rights of the workers and the safety of the nation.
Our Construction and Engineering Practice Group will continue to keep you updated on the latest developments. 
If you have any queries, please contact our Ms. Jocelyn Lim Yean Tse (Partner) at or Mr. Jeremiah Ch’ng (Associate) at

1 The full text of KKR’s SOPs for RMCO is available here.
2 The RMCO is from 10 June 2020 to 31 August 2020.
3 The full text of KKR’s FAQs for RMCO is available here.
4 See KKR’s FAQs No. 5 for RMCO.
5 See KKR’s FAQs No. 17 for RMCO.
6 See KKR’s FAQs No. 19 for RMCO.
7 See KKR’s FAQs No. 20 for RMCO.
8 See KKR’s FAQs No. 22 for RMCO.
9 See KKR’s FAQs No. 24 for RMCO.