Non-essentials sites re-opening in Scotland

While construction firms in England, Wales and Northern Ireland have been “actively encouraged” to re-open the construction sites (with safety measures in place), the categorized as non-essential works in Scotland remain closed up to date. The Scottish Government considered necessary a 6-step phased approach to re-open the non-essential sites safely, a progressive approach that takes more time to re-open the sites.

The divergence among approaches lies in the top priority set by the Scottish Government: guarantee the safety and wellbeing of the construction workers and the country. The Government considers the construction sector and its supply chain a non-essential business sector, except when supporting an essential or strategic activity for the country as could be energy projects, maintenance operations or repairs. Consequently, the non-essential projects must adhere to a “slow and steady” guided re-opening process in order to contain the COVID-19 spread. However, how is the Government putting into practice this approach against the economic pressures for an immediate re-opening?

It must be said that the Scottish Government did not force by law to close the construction sites. The Government is relying on the goodwill of the industry to follow their guidance instead of imposing an instruction upon them. However, new health and safety requirements to deal with the COVID-19 in the workplace are obligatory and forced by law, and then, the police have the power to enforce these obligations.

Even the Government is not forcing to shut down non-essential sites; it is hard to image re-opening a site against the Government advice. The scenario is far to be appealing: supply and services shortage as the majority of the industry is shut down, bad press for contradicting the public advice and high health and safety risk assumed are only a few examples.

The Scottish Government position of not enforcing the site’s lockdown could open a debate about who is responsible for the delay and cost of shutdown. Even several public authorities are implementing measures to help the industry under these extraordinary circumstances (like the job retention and business interruption loan schemes), the government is not openly assuming the responsibility and then eluding a strict compromise.

According to the letter from the Kevin Stewart MSP on the 21st of May, the coronavirus construction guidance is a consensual decision between the stakeholders. The arrangement between the parts seems sensible; The Government agrees to help the industry to follow the guidelines and the industry accept to apply it. Then, in certain terms, the Government is accountable.

Another issue is the lack of resources of the public authorities to enforce the requirements on sites. I found quite intelligent to involve the industry in such a strategy instead of forcing them. If the industry as a whole takes an active part in the re-opening process, it is more likely that the companies embrace the guidance and its philosophy. Still, the Government is relying on the cooperation of the industry.

There is still a long way until we see the effectiveness of the approaches on both sides of the border. Under this approach, the Scottish Government has the challenge of keeping the commitment of the industry to re-open the non-essential sites as planned and, this commitment only will be possible if the financial support to the companies meets their needs and arrives on time. By now, the time is running against the Scottish side, but maybe the price paid is too high for those who went for a quick recovery.