Version 4 of the Construction Leadership Council’s Site Operating Procedures deleted the previous reference to a 15-minute limit on working within close proximity of colleagues, saying instead that it should be avoided where possible. However it also says that “Workplaces should not encourage the precautionary use of extra PPE to protect against Coronavirus (Covid-19).”
Unite construction officer Jerry Swain has written an open letter (below) to Mark Reynolds – the CLC member with the 'skills' brief – recommending that construction workers should not be denied appropriate personal protective equipment, including face masks.
The union also says that face masks should be recommended by workers share van space.
Mr Swain said: “Since the pandemic began, the CLC has become the go to place for construction sites trying to operate and keep workers safe.
“It is essential that the information in the site operating procedures is clear, comprehensive and complete. As the procedures are currently written, the health of workers is placed at risk.
“Unite has been constructive in the development of these procedures throughout and has fed its views into the CLC. It is imperative that the CLC ends the confusion and republishes revised procedures. No one should be required to work within two metres of someone else on a construction site and on the extremely rare occasion when this is simply not possible then the full appropriate PPE must be issued. It is also essential workers are fully trained in the safe usage of this equipment.
"Our industry is under the spotlight; now is the time for the CLC to show leadership and do the right thing by workers. I truly hope, for the sake of our workers’ health and the battle against the spread of this virus that Unite receives a positive response from the CLC.”
Open letter from Jerry Swain (Unite) to Mark Reynolds (Construction Leadership Council)
Dear Mr Reynolds
I am writing to you on behalf of Unite the union, in your capacity within the Construction Leadership Council (CLC), which is responsible for producing the Site Operating Procedure (SOP).
Unite have now had time to study the SOP version 4 that was recently published. In doing so we have sought observations from our well respected health and safety officer. Following this consideration please see below our comments, I will wherever possible use the SOP headings;
Whilst we of course accept that government guidance must at all times be followed, we would respectfully point out that they are not experts in construction and that the organisation responsible for workplace safety (HSE) do not appear to have had a great input into the advice issued by the government. It therefore follows that the CLC when issuing guidance have an obligation to ensure that it is complete and reflects ‘best practice’. It cannot be right for the industry Leadership Council to simply regurgitate minimum standards, surely the CLC’s role must be to lead.
We note in SOP introduction the following: “where the social distancing guidelines cannot be followed in full in relation to a particular activity, businesses should consider whether that activity needs to continue for the business to continue to operate, and, if so, take all the mitigating actions possible to reduce the risk of transmission between staff”.
This sentence is worth noting as it clearly identifies a risk exists where social distancing cannot be maintained and requires in such circumstances the employer to take “all mitigating actions possible”. Unite are of the view that this must be reflected throughout the SOP version 4, a failure to do so would be to compromise the safety of workers.
Travel to Work
We do not disagree with the advice and guidance given in this section
Driving at Work
Unite believes that the procedures in this section need to be updated to include:
“If more than one person is required to share a vehicle , then the vehicle must be large enough to allow for 2m social distancing. Failing this the workers should be supplied with an appropriate mask which must be worn”.
(Unite would very much like to see any evidence you may have that suggests wearing of masks will not assist in the prevention of the spread of the disease.)
Unite believes that it should be made clear that the procedures in this section includes the use of works vehicles at all times including when workers travel to and from work.
Site Access and Egress Points
We note in this section the SOP takes a common sense approach which if implemented should ensure that at this major ‘pinch point’ social distancing will be maintained and the additional point of ensuring workers wash their hands at this time is welcomed.
Without wishing to sound pedantic, we do have one concern; the SOP states; “Consider arrangements for monitoring compliance” Unite is of the view this should be a requirement.
We have used this generic to cover all non-working arears, Again we do not find ourselves at odds with the SOP guidance, it follows a good common sense approach recognising that changes will need to be made and safe systems are required.
Work Planning to Avoid Close Working
It is at this point that Unite finds itself diametrically opposed to the SOP version 4. The SOP refers to the ‘Hierarchy of Controls’, which of course is the correct approach to any risk. At the bottom of the hierarchy is PPE, you will be aware when hazards cannot be controlled sufficiently in any other way PPE can be used as part of other collective measures to control risk.
In the SOP it recognises that people working within two metres of each other creates a risk. It then sets out to mitigate the risk, when all other options have failed to mitigate the risk, the SOP simply states “Coronavirus (COVID-19) needs to be managed through social distancing, hygiene and the hierarchy of control and not through the use of PPE”. What are workers to make of this statement, is it that the guidance is stating; that if you are unable to remove the risk you should put the worker at risk? If so that is completely unacceptable to Unite and its members?
The SOP could and should be revised to explicitly state that the job should not be undertaken without appropriate PPE, which of course would include masks.
The SOP also states “Workplaces should not encourage the precautionary use of extra PPE to protect against Coronavirus (COVID-19)”. This Unite finds somewhat concerning as most PPE is precautionary, so why is the risk of being infected with coronavirus different.
Unless you are able to satisfactorily answer Unite’s concerns we cannot support the SOP version 4 as it places workers lives at risk.
Unite looks forward to receiving your response.