Over the weekend, Master Builders Victoria worked again on behalf of our members to seek clarity from the Victorian Government on this issue.

Below is some information relating to the requirements for vaccinated workers at building and construction sites in the context of a case study and some scenario questions. It is important to remember that members must make themselves aware of and comply with relevant directions at the time as they relate to their workplace.

Much of this information is relevant to both small-scale and large-scale construction sites.
 For the purposes of a case study:

  • Construction is underway at the premises.
  • That construction on part of the premises has been completed and this part of the premises has been handed over to the tenant, so the premises may be considered to have a construction site and unoccupied premises.
  • The tenant has not yet moved into the premises.
  • A repair/maintenance person attended the unoccupied premises to service an air conditioner; and
  • The repair/maintenance person moved through a part of the premises which is a construction site to access the maintenance location.


Is the worker deemed a construction worker in this example?
Heating, ventilation, and air conditioning (HVAC) service and maintenance providers are permitted to operate under the Authorised Provider and Authorised Worker list where their services are required to maintain human health, safety and wellbeing. This includes the repair, service, and maintenance of HVAC systems.

However, all workers who attend a construction site are considered construction workers for the purposes of the requirements for construction workers to have received at least one vaccination by 5 October 2021. This includes delivery drivers who need to leave their vehicle and step on-site. Click here.

The following information outlines the definition of the construction site:
 
What is a construction site for the purposes of mandatory vaccination?
For the purposes of determining who is captured by the mandatory vaccination rules, a construction site includes:

  • A premises where civil works, building, or construction activities are taking place (i.e., the primary premises).
  • A premises near the primary premises that do work that is related to the operation of the primary premises (i.e., the secondary premises), and
  • Any vehicles used to carry out work at the primary premises or secondary premises.

For example, a site office for a construction site, that is in an office building close to the construction site, is a construction site and workers and visitors to the site office must be vaccinated.
 
If they are on the APAW list, when do they need to be vaccinated?
From 15 October 2021 onwards, as authorised workers, repair and maintenance workers may only work outside the home if they are vaccinated, have a booking to receive the first dose of a COVID-19 vaccine by 22 October 2021 at the latest, or are exempt from being vaccinated for a valid medical reason. They must receive their second dose of a COVID-19 vaccine no later than 26 November 2021.
 
Can they work before being vaccinated?
After 15 October 2021, an unvaccinated authorised worker may only work outside the home if they have booked in to receive their first vaccine by 22 October 2021.
 
What are the restrictions on work they can perform as APAW? Does it change once they set foot on construction site?
In the Restricted Area, repair and maintenance workers may:

  • Heating, ventilation, and air conditioning (HVAC) service and maintenance providers are permitted to operate under the Authorised Provider and Authorised Worker list where their services are required to maintain human health, safety, and wellbeing. This includes the repair, service, and maintenance of HVAC systems.
  • They can also perform critical maintenance and repairs at any premises (either indoors or outdoors) in an emergency or to ensure safety.

In regional Victoria, repair and maintenance work can proceed in compliance with all applicable workplace directions, except indoors at an occupied residential facility, where this work can only be carried out if it is urgent or essential.

If the repair and maintenance person is performing work as part of a construction project, they will be considered to be a construction worker (potentially as a Specialist Contractor) and will be covered by the rules that apply to the construction industry, including those in respect of vaccination.

For more information about the restrictions that apply in the construction sector, visit the Construction Sector Guidance page and the Construction Restart Plan page.