Under the latest COVID-19 health restrictions, all construction across Greater Sydney, including the Central Coast, Blue Mountains, Wollongong and Shellharbour, must pause from 12.01am on Monday, 19 July until 11.59pm on Friday, 30 July. These changes follow health advice to further limit the spread of the COVID-19 Delta strain.
Master Builders NSW will continue to provide guidance to industry as further information becomes available.
What kind of worksites do the new restrictions apply to?
New restrictions apply to construction sites where work, including related excavation, is being carried out to erect, demolish, extend or alter a building or structure, or where civil works are being carries out. New restrictions also apply to residential dwellings.
Can any work continue on construction sites in Greater Sydney?
Work can only continue in Greater Sydney if it is urgently required for the following purposes:
- to ensure the safety or security of the construction site
- to deal with environmental risks
- to maintain and ensure the integrity of critical plant, equipment or assets, including partially completed works, that would otherwise deteriorate
- to receive deliveries of supplies that would otherwise deteriorate
- to maintain public utilities
- to ensure the safe operation of existing transport infrastructure
- by or on behalf of NSW Health in response to the COVID-19 pandemic
- because of an emergency.
Workers are not to enter or remain on a construction site in Greater Sydney, unless it is to carry out work for one of these purposes. Those workers must adhere to all COVID-safe guidelines, including checking in using a Service NSW QR Code, wearing a mask and not attending the workplace if they have COVID-19 or any symptoms, or have been in contact with someone who has COVID-19.
Can workers from the Blacktown, Canterbury-Bankstown, Cumberland, Fairfield or Liverpool local government areas attend worksites for urgent work?
Residents from these local government areas (LGAs) are not permitted to leave their LGA to attend work, unless they are an authorised worker.
What about pre-construction activities on site, such as site investigation?
No work is permitted on any construction site in Greater Sydney unless urgently required for one of the following purposes:
- to ensure the safety or security of the construction site
- to deal with environmental risks
- to maintain and ensure the integrity of critical plant, equipment or assets, including partially completed works, that would otherwise deteriorate
- to receive deliveries of supplies that would otherwise deteriorate
- to maintain public utilities
- to ensure the safe operation of existing transport infrastructure
- by or on behalf of NSW Health in response to the COVID-19 pandemic
- because of an emergency.
Can workers still go to work if they are not attending a construction site or residential premises, such as an office or another location?
Yes, unless the person lives in the Blacktown, Cumberland, Fairfield, Liverpool or Canterbury-Bankstown local government areas. For all other local government areas in Greater Sydney, the new restrictions relate only to construction sites and residential premises. Employers must require employees to work from home unless it is not reasonably practicable to do so. These restrictions are enforceable.
Can a worker from Greater Sydney attend a worksite outside of Greater Sydney?
Workers from Greater Sydney can travel to a location outside of Greater Sydney provided the work cannot be done at home and they are not from the Canterbury-Bankstown, Fairfield or Liverpool local government areas. Workers from Greater Sydney who are working 50km or more outside of Greater Sydney must have a COVID-19 test in the 7 days before entering that workplace. Site managers can ask for proof of testing and residence. Please note, workers who live in Greater Sydney and travel outside of this area for work must still comply with the Public Health Order and only undertake work duties.
Can workers from outside of the Blacktown, Canterbury-Bankstown, Cumberland, Fairfield or Liverpool local government areas travel into those areas for work?
There are no restrictions on workers entering those areas for work that cannot be done from home, however, all work on construction sites and residential premises must be paused until after 30 July 2021 unless urgently required.
Can I attend a construction site to undertake non-construction activity, such as cleaning or maintenance?
No, unless the work is urgently required for one of the following purposes:
- to ensure the safety or security of the construction site
- to deal with environmental risks
- to maintain and ensure the integrity of critical plant, equipment or assets, including partially completed works, that would otherwise deteriorate
- to receive deliveries of supplies that would otherwise deteriorate
- to maintain public utilities
- to ensure the safe operation of existing transport infrastructure
- by or on behalf of NSW Health in response to the COVID-19 pandemic
- because of an emergency.
Is work at a home permitted if critical to ensuring a residential property is safe?
Yes. Work is permitted on a residential property in Greater Sydney if the work is urgently required to ensure the health, safety or security of the residence or the members of the household, or because of an emergency.
Can a worker from Greater Sydney carpool to work?
Carpooling to and from work is not permitted unless among members of the same household.
Are masks mandatory?
Yes, masks must be worn by workers both indoors and outdoors in Greater Sydney and it should be a fitted face covering over both their nose and mouth. Workers may remove a mask in certain circumstances, including:
- when eating or drinking
- if the nature of the person's work:(i) makes the wearing of a fitted face covering a risk to the person's, or another person's health and safety, or (ii) means clear enunciation or visibility of the person's mouth is essential
- because of an emergency
- when communicating with another person who is deaf or hard of hearing
- if asked to remove their mask to ascertain their identity.
NOTE: The requirement to wear a mask does not apply to a person with a physical or mental health illness or condition, or a disability, that makes wearing a mask unsuitable.
Are construction workers eligible for COVID-19 vaccinations?
There are a variety of reasons why you may be eligible for a COVID vaccine, for example, if you match the eligibility criteria because of your job, health conditions or if you are caring for a vulnerable person. You can find out more about COVID-19 eligibility and booking a vaccination on the NSW Government website.
Can you claim delay costs during the covid lockdown under our BC4 contract?
No. The Builder is entitled to an extension of time to the date for practical completion pursuant to clause 11(a)(xiii) due to the lock down, or for any other cause beyond the reasonable control of the Builder. However the Builder has no entitlement to costs under clause 11(f). The extension of time could extend beyond the actual shutdown period if there are ongoing delays due to the shutdown, such as, delays in securing trades and deliveries of materials after the shutdown.
Can you claim a Covid-19 extention of time under our BC3 commercial contract?
Yes, for time only but not for delay costs as well. The Builder is entitled to an extension of time to the date for practical completion pursuant to clause 6(a)(ix) due to the lock down, or for any other cause beyond the reasonable control of the Builder. However the Builder has no entitlement to costs under clause 6(g). The extension of time could extend beyond the actual shutdown period if there are ongoing delays due to the shutdown, such as, delays in securing trades and deliveries of materials after the shutdown.