Who were the people who maintained a distance from C.D.M?And why
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This blog note provides an overview of the health and safety responsibilities of a client in respect of works being carried out pursuant to a building contract, during the implementation of UK government’s social distancing rules to address the COVID-19 pandemic.
Construction sites have not been required to close in England although there has been some confusion and a number of contractors have stopped activities on sites. Clarity was provided by the Secretary for State for Business, Energy and Industrial Strategy in an open letter dated 31 March addressed to the UK construction sector which stated:-
“The Government have advised that wherever possible, people should work at home. However, we know that for many people working in construction their job requires them to travel to their place of work, and they can continue to do so. This is consistent with the Chief Medical Officer’s advice.
To help ensure that it is safe for you to operate in your workplace, the industry has worked to develop Site Operating Procedures (SOP), which were published by the Construction Leadership Council. These align with the latest guidance from Public Health England.”
Some however have questioned, even contradicted, the government’s approach. The Mayor of London said on 8th April that all construction sites should close unless they are carrying out essential work and some industry bodies agree with him.
The Construction Leadership Council (CLC), which is leading the sector’s response to the pandemic issued the SOP on 23rd March. They are essentially a list of largely common sense measures which should be implemented on sites to ensure social distancing and enhanced hygiene measures. They were updated on 2nd April when version 2 was issued. This version stated that where it was not possible or safe for workers to distance themselves from each other by 2 metres then the work should not be carried out. The CLC however withdrew this update and are reviewing it after an outcry from the industry that it would place an impossible burden on the construction sector which would lead in practice to most sites having to stop work and that the recommendation was out of step as such a practice is not being followed in the health sector. The current advice is to avoid work where a 2 metre distance cannot be maintained unless that is not possible and the CLC has asked that Version 1 be complied with whilst it conducts its
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