During the period of the COVID-19 Coronavirus epidemic, the Prince's Government of Monaco has adopted, in addition to other measures that may impact on construction activity (1.2), a Ministerial Decree setting out health safety measures specific to the construction activities (1.1).
1.1 Ministerial Decree no. 2020-279 of 8 April 2020 setting out health safety measures for construction activities
On 10 April 2020, the Government of Monaco published Ministerial Decree No. 2020-279 of 8 April 2020 on health security measures for construction activities during the COVID-19 coronavirus epidemic. This Decree came into force the same day.
This text concerns all those who are called upon to intervene in offices, workshops, warehouses or construction sites and other places, and is opposable to both building activities and public works.
In order to ensure compliance with health measures, before any work is resumed or undertaken, the project owner, in agreement with the intervening companies, must submit to the Department of Forward Studies, Urban Planning and Mobility (the authority in charge of the Principality's urban development policy), a file containing :
- the measures envisaged,
- an explanatory plan showing how the site accommodation is organise,
- a detailed list of all personnel and their origin,
The sanitary measures concern the requirements prior to any construction activity, general and specific instructions, as detailed in a document annexed to the Ministerial Decree No.2020-279 of 8 April 2020.
Requirements prior to any construction activity
With regard to these requirements, it is stipulated that the project owner must systematically obtain the prior agreement of the clients.
Thus, for each operation, the project owner must formalise a list of sanitary conditions in order to ensure that the various actors can implement and comply with the general sanitary directives and the additional instructions issued.
The document annexed to the Ministerial Decree specifies that the proposed organisation must aim at limiting coactivity and that the project owner must designate a COVID-19 referent responsible for coordinating and controlling the measures to be implemented and having the authority to stop the activity.
For private clients, it is advisable that they accept the general conditions of intervention, and in particular the specific conditions of hygiene and sanitary rules.
In order to limit travel, it is also provided that businesses may not employ staff on long journeys, unless there is an overriding need, subject to the assessment of the Monegasque authorities. It is also requested that apprentices, trainees and temporary workers should not be allowed to visit building sites and workshops.
Measures relating to general instructions
These measures mainly concern :
- The strict observance of barrier gestures (in particular, the respect of distances of one meter, hand washing with access to a water and soap point, reminding the staff of the conditions...);
- The prohibition of staff groupings;
- The obligation, in certain cases, to wear a mask;
- The control of the access of the employees and other intervening parties in the company and on site (taking of temperature, symptoms...);
- Information and communication with personnel on the risk and their rights;
- The designation of a Covid-19 referent;
- The supply of the necessary equipment (disinfectant, soap, dustbin, gloves, masks...).
Special instructions adapted to the location of the construction activity
These measures concern in particular :
- For offices, depots and workshops: the prohibition of teleworking or the respect of information measures, posting of instructions and cleaning;
- For vehicles and equipment: the recommendation to give priority to individual modes of transport or, failing that, to provide protective measures;
- For living quarters and site bungalows: the posting of instructions, the respect of a distance of distance and hygiene measures.
- For work activities: the prescription of an operating procedure such as limiting the number of people to reduce the risks of meeting and contact, limiting coactivity, allocating individual tools, setting up a traffic plan and restricted use of equipment or presenting the work organisation. If this cannot be complied with the distance of at least one meter, staff must wear glasses and surgical type II-R masks. Above all, the activity must be stopped if it is impossible to carry out these measures.
- For activities carried out on client premises: it is the project owner's duty to check with the customer, beforehand, the operating conditions that make it possible to comply with the health instructions. In addition, hygiene measures and distance from the occupants are provided for.
- For activities carried out in private homes: measures similar to those to be taken by the client for activities carried out on the client's premises are provided for. In addition, it is foreseen that only an indispensable and urgent intervention in the home of a person at risk or ill can be carried out, following a particular protocol.
The document listing the sanitary measures includes in annex guidance sheets for the project owner and in particular :
- A questionnaire to check the employee's health
- Procedure for declaring persons at risk
- DASA Tip Sheets
- Help with site preparation (checklist for private and professional clients)
- Intervention protocol for an individual at health high risk
- Intervention protocol in an individual with Covid-19 disease
- Intervention protocol for an individual
- Tip sheet "What to do in the presence of a sick person?"
These measures may be revised and updated taking into account the developments of the pandemic and the recommendations issued by the Monegasque authorities.
1.2 Measures limiting the movement, particularly professional movement, of persons who are liable to be held liable against participants in the construction sector
In addition, the Government of Monaco has taken measures to limit the movement of persons, including professional travel, which are thus opposable to those working in the construction sector.
Indeed, by a Ministerial Decision of 17th March 2020, amended by a Decision of 10th April 2020, the Monegasque authorities have prohibited professional travel, from 18th March to 3rd May 2020, with the exception of travel between home and the place(s) of professional activity:
- essential for the exercise of activities that cannot be organised in the form of teleworking,
- or cannot be postponed.
Travel in the context of a professional construction activity is therefore authorised in Monaco subject to meeting these conditions.
In such cases, it is specified that the employer must provide each employee concerned with proof of the need for the business trip in accordance with a model established by the Government. The same applies when the business trip cannot be postponed.
Employees wishing to benefit from such an exception must provide their proof of business travel.