Scroll below to view current FAQs for Small Scale Construction for Heavily Restricted stage.
The purpose of these directions is to limit movement and the number of Victorians attending work premises to assist in reducing the transmission, frequency and scale of outbreaks of COVID-19 in Victorian workplaces and to establish more specific obligations on employers and workers in relation to managing the risk associated with COVID-19.
A small-scale construction site is a construction site other than a large-scale construction site or an early stage residential land development site.
So that means the construction is:
If the work relates to the construction of a building where a planning permit has been issued in relation to the site for a building that is greater than 3 storeys tall (excluding basement), it falls under the definition of a large-scale construction site regardless of where the work is being carried out.
All construction sites are required to have a High-Risk COVIDSafe Plan and must follow density restrictions of no more than one worker per four square metres in enclosed spaces.
Additional restrictions apply to:
State and state civil construction (including time critical new school builds) are exempt from reduction targets but will be required to implement High Risk COVID Safe Plan.
Each small-scale construction site can have a maximum of 5 workers plus a supervisor.
The Domestic Building Contracts Act 1995 External link (Vic) has prescribed stages of building work for the purpose of progress payments to residential builders. These include:
For small-scale construction, the restrictions and term ‘construction activity’ apply from after the Base Stage to completion of the Fixing Stage.
Under the construction sector guidance, a small-scale residential construction site can only have a maximum of five workers plus a supervisor on-site at any time after completion of base and prior to completion of fixing stage. These limits should still apply for the ancillary activities prior to completion of base stage and after completion of fixing stage, however, the limits can be increased for these ancillary activities only for safety purposes.
These activities are considered an ancillary activity towards the construction industry and therefore can continue to operate with more than five workers present on site if required to ensure these ancillary activities are completed safely. However, it should be limited to the minimum number possible for that activity.
These activities are considered an ancillary activity within the definition of small scale construction and therefore can continue to operate without limitation on movement. Even though there is no explicit restriction, you must still limit movement between sites as much as possible.
Repairs that are needed to:
In these situations, workers are required to maintain their distance, wear a face covering and minimise physical contact, such as, paying by contactless payment or another non-cash method in line with the contractor’s applicable High Risk Covid safe plan.
The definition of worker includes employees, labour hire, subcontractors (and their employees), volunteers and any other person engaged or permitted by an employer to perform work.
The limits on number of workers does not include workers undertaking emergency repairs and maintenance or staff specifically dedicated to oversight of COVIDSafe functions in the workplace e.g. workers doing additional cleaning of high-touch points or overseeing the implementation of COVIDSafe practices.
Those responsible for site supervision or are integral to implementing and overseeing safety and emergency procedures, such as foreman, first aiders, HSR, Safety Managers and Cleaners. These roles are not included in the calculation of workforce limits.
Cleaners who are specifically dedicated to oversight of COVIDSafe functions in the workplace (e.g. working doing additional cleaning of high-touch points or overseeing the implementation of COVIDSafe practices) are not included in the calculation of workforce numbers.
A work premise means the premises of an employer in which work is undertaken, including any vehicle whilst being used for work purposes. This means each individual construction site would be considered a work premise.
An employer must not permit a worker to perform work at the work premise where it is reasonably practicable for the worker to work at their home.
Where an employer requires a worker to attend the work premise as it is not reasonably practicable to do otherwise, then the employer must comply with the Permitted Worker Permit Scheme.
The road map specifies that ‘Corporate staff should work remotely and all site offices to apply density quotient’.
Significant penalties apply to individuals and employers for breaching the requirements of these schemes / Directions so businesses should carefully read the requirements of the scheme before issuing a permit to their employees.
Tradespeople and builders can only visit a home for renovations if the premise has been fully vacated and the occupiers will not be staying there during the period of Stage 4 restrictions.
If the occupiers have vacated the property, then renovations can proceed in line with restrictions on small scale construction.
If the occupiers are still living at the property, then trades people and builders can only make emergency repairs.
Renovations can be undertaken in vacated sites in compliance with the small-scale construction rules.
Effective 11:59pm 13 September 2020 the following are identified as specialist contractors in the Workplace (Additional Industry Obligations) Directions (No 4). The list of specialist contractors has been substantially increased as a result of our discussions with industry and government.
The link to the list published by Government is https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/covid-safe-business/construction-sector-guidance
Yes, a reference to ‘concreters’ under the specialist contractors list includes associated trades. Site set-out specialists are now listed as a specialist contractor.
Specialist contractors can move between up to three sites per week subject to enhanced PPE and hygiene measures.
Specialist contractors, including plumbers and electricians, can move between up to three sites per week and up to two sites per day for small scale construction, subject to implementing enhanced COVIDSafe practices.
Where it is for critical repairs required to any work premise for emergency and safety reasons the limit of three sites does not apply.
A worker that does not fit the definition of a specialist contractor is restricted to only one site.
Specialists who install critical OHS equipment including scaffolding, safety rails, guardrails, stair void protection systems, other critical safety equipment/installations and those who conduct safety inspections and training talks are not limited to three sites per week.
The maximum number of workers should be 5 (excluding the supervisor) on a small-scale construction site. Note that workers do not include suppliers and deliveries (e.g. concrete trucks drivers or concrete pump operators) who are only present on-site for a short period of time, these do not count towards the daily worker limits. These activities are considered an ancillary activity towards the construction industry and therefore can continue to operate with more than five workers present on site if required to ensure these ancillary activities are completed safely.
Stage 4 restrictions are designed to limit movement as much as possible. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site.
For large scale construction, there must be a genuine reason why the supervisor/manager cannot be limited to one site, the employer must have systems of work in place to minimise movement across multiple sites and maintain a record of all workers who do so.
For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week. These arrangements must be recorded in, and observe the requirements of, the High Risk COVIDSafe plan at each site.
For more guidance on small-scale construction sites, please see the relevant section of the Business Victoria website.
Concrete plants, concrete trucks and pumps – where they are necessary for the operations of a permitted industry – are able to continue operating under the provisions below from the permitted industries table:
Ancillary and support businesses are able to open on-site to ensure the necessary production, supply, manufacture, repair, maintenance, cleaning, security, wholesale, distribution, transportation or sale of equipment, goods or services required for the operations of a Permitted Work Premises, or for Closed Work Premises where there are safety or environmental obligations. The business cannot operate on-site for any other purpose. Ancillary and support businesses are defined as those businesses that are necessary for the operation of the permitted industry (for example, brick manufacturing is critical to residential construction, while carpet manufacturing is not).
For more guidance please see the relevant section on the Business Victoria website.
An employer must limit movement of all workers (including supervisors and on-site specialists) between multiple sites. The only workers who are permitted to move between sites are:
Where possible other arrangements, such as getting driven to and from work by another household member is preferable to carpooling. Under the current restrictions, you are permitted to share a vehicle with another person even if you do not ordinarily reside with that other person if it is not otherwise reasonable and practical for you to leave home for work in a permitted industry.
The enclosed space of a car presents a heightened risk of transmission of coronavirus (COVID-19). If travelling in a car with someone who is not part of your household, you should sit in the back seat in order to maintain physical distancing, and wear a face covering in the car.
Yes.
Effective 14 September 2020 Client (or agent) contract meetings including document signing, material selection and final inspections conducted remotely where possible. If not reasonably practicable, on-site meetings permitted by appointment only with physical distancing.
Effective 14 September 2020 client (or agent) contract meetings including document signing, material selection and final inspections conducted remotely where possible. If not reasonably practicable, on-site meetings permitted by appointment only with physical distancing.
Effective 14 September 2020 client (or agent) contract meetings including document signing, material selection and final inspections conducted remotely where possible. If not reasonably practicable, on-site meetings permitted by appointment only with physical distancing.
Unless a property is vacant, maintenance and repair type activities can only be completed for emergency reasons and/or environmental obligations. All other maintenance and warranty work should be deferred during the Stage 4 restrictions.
If a property has been vacated then these activities must be undertaken in accordance the with the relevant construction rules for small scale and large scale construction.
More information on the High-Risk COVIDSafe Plan for Construction and detailed guidance can be found in our High-Risk COVIDSafe Plan template available on our website. Click here to view to view template.
All civil works and all building and construction activities (whether publicly or privately funded) are subject to the large scale, small scale and early stage residential land development project tests and restrictions, unless those activities:
At this stage there is no legislative protection. How LDs are dealt with will depend on the specific agreement. It should be noted that LDs are not claimable under the Victorian Security of Payments legislation which may provide some relief.
Force majeure clauses and the doctrine of frustration may provide some protection. It is a notoriously high bar to prove. For a contract to be frustrated, a contractual obligation must have become incapable of being performed because the change in circumstances renders it radically different from what had been agreed in the contract. Simply because the contract has become much more expensive to perform or take longer to complete than was originally anticipated does not necessarily mean the contract is frustrated.
Depending on the particular agreement, usually the best way to protect against LDs is by claiming an extension of time.
Yes. With the introduction of Stage 4 restrictions in metropolitan Melbourne (effective from 2 August 2020) and Stage 3 restrictions in regional Victoria (effective from 5 August 2020), the Commissioner of State Revenue is exercising his discretion under the National Partnership Agreement to extend the Home-Builder Grant’s construction commencement requirement by 3 months.
This means that all applicants for the Home-Builder Grant in Victoria now have 6 months to commence construction from when the eligible Home-Builder contract is signed.
The Commissioner does not have discretion to grant any extensions beyond this additional 3-month extension.
Full details of this extension are available in the revised guidelines on our website, which have also been updated to clarify the supporting documents required, including proof that your builder was registered or licensed prior to 4 June 2020.
No, they cannot during the heavily restricted stage.
The High-Risk COVID Safe Plan and the attachment must be retained and be available for inspection on request. A template of a High-Risk COVID Safe Plan is available on our website.
Operators will be required to retain and make available for inspection evidence of compliance with the daily workforce limits, including roster, time and attendance, payroll and other site attendance records.
Authorised officers will be undertaking site inspections for workplaces subject to reduced operation requirements to ensure they are complying and have a complete High-Risk COVIDSafe Plan.
Government is introducing a specified worksite reporting regime supported by independent compliance reviews and site inspections. The process is being established to ensure the specified worksites comply with the intent of the order and can provide independently verifiable evidence of their compliance during and after the restriction period.
Site operators will be randomly selected for independent compliance review and asked to demonstrate compliance with the order. To facilitate these compliance reviews which will take place both during and after the Stage 4 restriction period, operators will be required to retain and make available for inspection site rosters, time and attendance data, payroll data and other site attendance records as requested.
Compliance reviews will be conducted by independent agents appointed by the Victorian Government for this purpose.
Workers that provide architecture, engineering, surveying, building inspection or compliance services or statutory functions must work from home where possible. Where these workers are required to attend sites for inspection and safety purposes, they are counted as workers. Workers in this category who need to move between sites should visit no more than three times a week, except where those visits are required to meet a minimum statutory obligation or requirement.
Specialists who install critical OHS equipment including scaffolding, safety rails, guardrails, stair void protection systems, other critical safety equipment/installations and those who conduct safety inspections and training talks are not limited to three sites per week.
Construction and Building services that continue to operate are required to develop a High-Risk COVIDSafe plan focused on safety, prevention and appropriate response in the event of a positive coronavirus (COVID-19) case being linked to the workplace.
Master Builders Victoria has developed a template High-Risk COVIDSafe Plan that is informed by the Building and Construction Industry Guidelines version 6 and the new Sector Guidance provided by Government for the Construction Industry. This has been provided to our members to assist them in developing their High Risk COVID Safe Plans.
In addition, you can also refer to the Victorian Government’s website for more information on how to develop this plan. We recommend that our members also refer to the full Building and Construction Industry Guidelines to confirm what control measures are available and for further guidance. Document the actions you have put in place to implement the guidelines and Workplace Directions and consult with your employees and subcontractors. In developing your plan it is important that you assess the specific risks for your particular site/work and implement appropriate measures to address the level of risk, including enhanced PPE and hygiene measures for workers moving between multiple sites.
Under the new Sector Guidance for Construction industry provided all construction businesses that operate during Stage 4 will require a High-Risk COVIDSafe Plan. For more information you can refer to the following website:
If you anticipate your revenue will decrease by at least 30 per cent in September based on the same period last year, then you could potentially qualify for JobKeeper for September. However, you will have to pay your workers’ salaries first for September and then get reimbursed for the payments ($1500 per fortnight per eligible employee).
In order to qualify for JobKeeper on 28 September 2020 businesses will now only have to demonstrate that their actual GST turnovers have decreased in the previous quarter. The applicable rate of decline in turnover required to qualify for JobKeeper 2.0 is determined in accordance with the existing rules (ie 50% for entities with an aggregated turnover of more than $1 billion, 30% for entities with an aggregated turnover of $1 billion or less and 15% for ACNC-registered charities).
Reimbursement payments are also reduced for eligible employees on 28 September from $1500 to $1200 per fortnight per eligible employee or $750 for those working fewer than 20 hours per week. It should be noted that this direction is currently under review given the extension of Stage 4 in Victoria.
Hardware, building and garden supplies retail premises are permitted to remain open for trade purposes. You should check with your local retailer that they are open and their operating hours.
Only if the worker was already employed on that project before 11:59pm, Wednesday 5 August. But no new employment arrangements can be entered into that require workers crossing in and out of restricted areas.
Workers in permitted industries can travel to and from regional Victoria for work, subject to meeting any relevant workplace requirements and having in their possession a Worker Permit.
More information and templates can be found on our Permitted worker scheme page
In very limited circumstances, an exemption can be considered for a construction project if it is assessed as critical and essential AND is urgently required AND is required for the purposes of sustaining human health, safety and wellbeing.
Any exemption must be deemed by the Victorian Government to meet those criteria and endorsed by the Chief Health Officer. It is expected only a small number of projects would meet that criteria.
If you wish to apply for an exemption, you can contact [email protected]. You will need to include details on: the nature of the project; what stage it is in; site information including indications of where concentration of workers will occur during the day; workforce profile information; a strong rationale against the three criterial above; provide options around staging differently, deprioritising some work and reducing the workforce; details of any additional mitigations that will be taken beyond those that are standard for large-scale construction projects; and a clear articulation of the consequences of not receiving an exemption.
The current list of State Critical Infrastructure Projects that are exempted projects can be found on the DHHS website.
All civil works are subject to the large scale, small scale and early stage residential land development project tests and restrictions, unless those activities:
Permitted workers (e.g. on-site construction workers) are able to access on-site childcare and kinder if there is no one else in their household who is able to supervise children. For example, a permitted worker in a single parent household may access childcare and kinder.
If there is another carer in the household, permitted workers can still access on-site childcare if the other parent/carer cannot supervise children. This could be for a number of reasons - for example, their partner or co-parent:
Both carers do not have to be permitted workers to access childcare - but we are asking that Victorians only access childcare and kinder services if they have to.
In line with the above, permitted workers are also able to continue with pre-existing in-home care arrangements if there is no one else in their household who is able to supervise their child.
Grandparents and elderly relatives play an important part in caring for children, but may be particularly vulnerable to coronavirus. We strongly advise these types of care arrangements are avoided where possible.
For more information, you can access the following website: https://www.dhhs.vic.gov.au/permitted-worker-scheme-covid-19.
There has been no express statement by the Victorian Government excluding this.
Sites in regional Victoria must adhere to stage 3 restrictions, sites in Metropolitan Melbourne must adhere to the stage 4 restrictions. These restrictions are a feature of the site and its location.
When the workers journey includes travel within Metropolitan Melbourne, they will need to carry a permitted worker permit.
The worker can only travel outside of Melbourne to a regional site if the worker was already employed on that project before 11:59pm, Wednesday 5 August. No new employment arrangements can be entered into that require workers crossing in and out of restricted areas. Employed on a project includes any workers who have current employment arrangements relevant to that site. This would allow for Specialist contractors and other workers to work on the construction site even if they may not have been physically present or completed induction at 5 August 2020.
Travel between metropolitan Melbourne and regional Victoria should be limited and only be undertaken for critical and essential reasons.
Workers in permitted industries can travel to and from regional Victoria for work, subject to meeting any relevant workplace requirements and having in their possession (for workers who reside in Melbourne). Stage 4 restrictions will apply to workers who enter into a Stage 3 area.
When travelling between metropolitan Melbourne and regional Victoria, workers should only travel alone or with members of their household.
Details of employees who share accommodation with individuals who work at other high-risk workplaces is important to support contact tracing in the event of a positive case.
If your employee discloses that they live with another person who works in a high-risk workplace you are required to record this information and retain it.
The current restrictions in place do not prohibit a permitted worker from attending the workplace to collect tools or equipment. Attending the yard (workplace) is not considered a construction site so it would not be included.
The employer will need to ensure that High Risk COVIDSafe plan is in place for that appropriate risk assessment is conducted.
No. This is not permitted if the adjoining property is not vacant, unless the protection works relate to critical and essential infrastructure, or where critical repairs are required for emergency or safety.
Yes, if the works constitute critical repairs required for emergency or safety.
Where a Notice or Order has been issued by a Private Building Surveyor or Municipal Building Surveyor that requires works to address matters that have been identified as a safety matter and/or is a danger to the life, safety or health of any member of the public or of any person using the building/land/place of public entertainment or to any property, the required works can be carried out if a building is occupied.
Works can also be carried where safety or emergency service(s), installation(s) or equipment have not been maintained in accordance with the occupancy permit.
Yes, face coverings are to be worn in accordance with the current directions and as per the road map rules issued by government.
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