The NSW Government has advised that as at 12:01am on 11 August 2021, all construction sites within Greater Sydney will be permitted reopened as a result of amendments made to the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 (“the Public Health Order”) overnight.
A copy of Amendment No. 23 to the Public Health Order can be accessed here.
Construction sites will be permitted to operate subject to the following Directions contained in clause 24AB of the Public Health Order:
- The Minister directs that an occupier of a construction site in Great Sydney must now allow more persons on the construction site than the lesser of –
a) The number of persons that is equivalent to 1 person per 4 square metres of space on the construction site, or
b) If there is a current resourcing plan for the construction site – the number of persons that equals 50% of the maximum daily workforce of the construction site.
Additional restrictions are in place for construction workers who reside within one of the “Hot Spot” local government areas, which include:
- City of Fairfield
- City of Liverpool
- Canterbury Bankstown
- Cumberland
- City of Blacktown
- City of Campbelltown
- Georges River
- City of Parramatta
- Various suburbs of Parramatta (as identified in clause 24DA)
Persons who reside within one of the “Hot Spot” local government areas (known as a “declared area” in the Public Health Order) must not, for the purposes of work, travel outside the declared area pursuant to clause 24E of the Public Health Order, unless they meet an exemption.
A list of workers (known as authorised workers) who are exempt from clause 24E of the Public Health Order is published on the NSW Government website, which can be accessed here. This list has been updated to include a person who works on a construction site in Greater Sydney who meets the following requirements (as set out in clause 24EA(1) of the Public Health Order):
(a) has had 2 doses of a COVID-19 vaccine, or
(b) has had 1 dose of a COVID-19 vaccine at least 21 days ago, or
(c) has had 1 dose of a COVID-19 vaccine within the preceding 21 days and has
been tested for COVID-19 within the preceding 72 hours, or
(d) has a certified medical contraindication and has been tested for COVID-19
within the preceding 72 hours.
Construction workers who reside within one of the “Hot Spot” local government areas will therefore be permitted to work on constructions sites throughout Greater Sydney if they meet the above requirements. Workers will be required to carry the required evidence with them at all times while on a construction site, and will be required to produce the evidence for inspection if requested.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
