PEZA Construction Safety Guidelines for Its Developers and Locators within the PEZA Zones and IT Centers Including PEZA Projects for Areas under Various Types of Quarantine Classifications during the COVID-19 Crisis

May 20, 2020

PEZA MEMORANDUM CIRCULAR NO. 030-20

 

The DPWH has issued Department Order No. 39 dated 19 May 2020 (see attached copy) repealing for the same purpose the Department Order No. 35, series of 2020, regarding the implementation of the construction safety guidelines for various infrastructure projects during the COVID-19 public health crisis.

In the said revised DO 39, priority public and private construction projects such as those that refer to, among others, manufacturing and business process outsourcing (BPO), are allowed to commence construction activities through a skeletal workforce for areas under MECQ and ECQ.

Whereas, for areas under GCQ and MGCQ, all public and private construction projects are allowed to commence its construction activities subject to strict compliance with the Revised Construction Safety Guidelines stated in the attached DO 39. HTcADC

As provided in the Monitoring and Enforcement section in the said DO 39 relative to PEZA, the Director General or the Building Official (as delegated by the DG) shall monitor compliance with the stated guidelines and issue quarantine pass (QP) to the individual qualified personnel, contractors, subcontractors, and suppliers based in the list submitted and certified by contractors, subcontractors and suppliers.

Notwithstanding the above-mentioned DO 39 guidelines, PEZA shall require all ecozone locators and IT enterprises to file online their application for building permits together with supporting documents through the respective Office of the Building Official. Moreover, prior to the project construction, the locator-enterprise applicant or its authorized contractor shall coordinate first with the Zone Administrator/Zone Manager/Officer-in-Charge and the Building Official assigned for the briefing on COVID-19 safety compliance and developer's construction house rules.

For strict compliance. CAIHTE

(SGD.) BGEN. CHARITO B. PLAZA MNSA, PhDDirector General

ATTACHMENT

May 19, 2020

DPWH DEPARTMENT ORDER NO. 039-20

 

Pursuant to the Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines dated 15 May 2020 ("Revised Omnibus Guidelines"), which granted authority to this Department to issue Construction Safety Guidelines for allowed government and private construction projects in areas under Enhanced Community Quarantine, Modified Enhanced Community Quarantine, General Community Quarantine, and Modified General Community Quarantine, the Department Order No. 35, Series of 2020, and the therein attached Construction Safety Guidelines for the Implementation of Infrastructure Projects during the COVID-19 Public Health Crisis are hereby and the Revised Construction Safety Guidelines for the Implementation of Infrastructure Projects during the COVID-19 Public Health Crisis is hereby issued accordingly.

I. COVERAGE:

The herein Revised Construction Safety Guidelines for the Implementation of Infrastructure Projects during the COVID-19 Public Health Crisis shall apply to allowed government and private construction projects as stated in the IATF-issued Revised Omnibus Guidelines dated 15 May 2020 in areas under Enhanced Community Quarantine, Modified Enhanced Community Quarantine, General Community Quarantine, and Modified General Community Quarantine.

II. TYPES OF CONSTRUCTION PROJECTS THAT MAY BE IMPLEMENTED PURSUANT TO THE REVISED OMNIBUS GUIDELINES ON THE IMPLEMENTATION OF THE COMMUNITY QUARANTINE IN THE PHILIPPINES:

A. Areas under Enhanced Community Quarantine (ECQ)

The following construction projects are allowed to operate through a skeleton workforce:

1. Essential projects, whether public or private, such as but not limited to quarantine facilities and isolation facilities for Persons under Investigation (PUIs), Persons under Monitoring (PUMs), and suspect and confirmed COVID-19 patients;

2. Facilities for the health sector workers, including those dealing with PUMs and suspect and confirmed COVID-19 patients;

3. Facilities for construction personnel who perform emergency works, flood control, and other disaster risk reduction and rehabilitation works;

4. Sewerage projects, water service facilities projects, and digital works;

5. Priority public infrastructure projects; and

6. Priority private infrastructure projects defined as those that refer to food production, agriculture, fisheries, energy, housing, communication, water utilities, manufacturing, and business process outsourcing (BPO).

B. Areas under Modified Enhanced Community Quarantine (MECQ)

In addition to those allowed construction projects enumerated under Section A hereof, other essential and priority projects shall be allowed to operate subject to strict compliance with the herein Revised Construction Safety Guidelines; provided, however, that small-scale projects shall not be allowed.

Small-scaleprojects are defined as those construction projects which are intended for private and personal use, and because of scale, would not be able to or would impractically be unable to comply with the herein Revised Construction Safety Guidelines in areas under ECQ, MECQ, GCQ, and MGCQ.

C. Areas under General Community Quarantine (GCQ) or Modified General Community Quarantine (MGCQ)

All public and private construction projects shall be allowed, subject to strict compliance with the herein Revised Construction Safety Guidelines.

III. REVISED CONSTRUCTION SAFETY GUIDELINES FOR THE IMPLEMENTATION OF INFRASTRUCTURE PROJECTS DURING THE COVID-19 PUBLIC HEALTH CRISIS

A. Prior to Deployment

1. Any person below twenty-one (21) years old, those who are sixty (60) years old and above, those with immune deficiencies, comorbidities, or other health risks, and pregnant women, including those who reside with the aforementioned, shall not be part of the workforce for construction projects except as may be allowed under the Revised Omnibus Guidelines issued by the IATF.

2. Construction personnel shall undergo quarantine for fourteen (14) days prior to deployment; or in the alternative, the employee may undergo any available Food and Drug Administration (FDA)-approved COVID-19 test, as may be prescribed by the Department of Health (DOH), and be retested as the need arises. In this regard, consultation with medical doctors (duly accredited by DOH, if possible) prior to the conduct of COVID-19 test shall be made. Further, COVID-19 test procedures and return-to-work policies of the contractors should comply with DOH Circular No. 2020-0160 dated 31 March 2020, Department Memorandum No. 2020-0220 dated 11 May 2020, and other pertinent issuances of the DOH on the matter.

3. The concessionaires, contractors, subcontractors, and suppliers shall provide for their personnel/workers the necessary welfare facilities and amenities, such as employees' quarters for board and lodging, ensuring compliance with social distancing, proper hygiene, etc.

4. Concessionaires, contractors, and subcontractors shall ensure that their projects are in compliance with DOLE D.O. No. 13, Series of 1998, and the DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19. Contractors shall provide their personnel and workers continuous supply of vitamins, particularly vitamin C, other over-the-counter medicines, quarantine facilities, and oxygen tanks for emergency purposes.

5. Concessionaires, contractors, and subcontractors shall provide disinfection facilities at their respective project sites in compliance with pertinent DOH and IATF Guidelines, to be placed at strategic locations to ensure the safety and welfare of all personnel.

6. Proper information dissemination regarding COVID-19 construction protocols, on top of existing construction safety practices, shall be conducted by Safety Officers to all personnel.

B. During Deployment

1. Conduct an inventory of works for the construction sequencing to be followed and undertaken to uphold the required social distancing. Break times shall be conducted in a staggered manner.

2. Employees shall be housed in their respective quarters for the entire duration of the project covered by the ECQ, MECQ, GCQ, and MGCQ. In case there is a need to leave the said quarters during the project duration, "Prior to Deployment" procedures shall be conducted at every instance of re-entry.

3. Errands to be conducted outside the construction site premises shall be kept to a minimum. Number of personnel running errands shall be limited and shall be properly disinfected and closely monitored for symptoms within fourteen (14) days upon re-entry.

4. Field offices, employees' quarters, and other common areas shall be regularly maintained, including the daily disinfection of such facilities.

5. Adequate food, safe/potable drinking water, disinfectants, and hand soaps shall be made available by the concessionaires, contractors, subcontractors, and suppliers to their in-house personnel.

6. Daily monitoring of the pre and post-work health conditions of workers shall be undertaken by the concessionaires, contractors, subcontractors, and suppliers, including but not limited to temperature, health, and exposure monitoring, as preventive measures. Personnel with manifestations or symptoms relative to COVID-19 shall be immediately isolated and quarantined for fourteen (14) days and if necessary, brought to the nearest DOH COVID-19 treatment facility under strict confidentiality and privacy. Proper protocols in accordance with the DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19 shall likewise be strictly observed.

7. Work activities shall be strictly monitored daily by the Safety Officer on site to ensure compliance with safety standards and quarantine protocols.

8. There shall be a full-time Safety Engineer/Officer assigned at the site who shall strictly monitor work activities. Said Safety Engineer/Officer shall ensure strict compliance with DOLE D.O. No. 13, Series of 1998 and the DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19 with regard to the wearing of additional personal protective equipment (PPE) required such as, but not limited to, face masks, safety glasses/goggles, face shields, and long sleeve T-shirts, and other measures to contain the spread of COVID-19 in the workplace, as provided in these Guidelines.

9. For off-site employees' quarters, transport service, duly disinfected before and after use, shall be provided, and social distancing shall likewise be observed therein at all times in accordance with DOTr guidelines.

10. Sharing of construction and office equipment is discouraged. However, if necessary, the shared equipment must be disinfected in between transfers amongst personnel.

11. All material and equipment delivery and disposal shall be conducted by a specific team of personnel on an isolated loading/unloading zone while limiting contact with the delivery/disposal personnel. All material and/or equipment entering the construction site shall be duly disinfected as much as possible.

12. Non-essential personnel, visitors, and the general public shall be restricted to enter the construction site, employees' quarters, and field offices. Otherwise, all personnel entering the construction site premises on a temporary basis (e.g., delivery truck drivers, inspectors, etc.) shall be properly logged and checked for symptoms. Gatherings, liquors, and/or merry-making are strictly prohibited within the construction site premises.

13. Clustered and staggered deployment of employees within the construction site shall be observed to minimize personnel contact and for easier contact tracing.

14. Proper waste disposal shall be provided for infectious waste such as PPEs and other waste products coming from outside the construction premises.

IV. MONITORING and ENFORCEMENT:

A. For DPWH infrastructure projects, the head of the concerned DPWH Implementing Office (IO) shall monitor compliance with these Guidelines and issue construction quarantine pass (QP) to the individual qualified personnel of the concessionaires, contractors, subcontractors, and suppliers based on the list submitted and certified by the said concessionaires, contractors, subcontractors, and suppliers, clearly stating the identification, designation, nature of work, validity, and destination (A copy of the QP form is attached hereto as Annex "A"). It is understood that the QP referred in these Guidelines shall cover transit of personnel from (a) MGCQ, GCQ, MECQ area to ECQ area, and vice versa, and (b) an area not under community quarantine to a MGCQ, GCQ, MECQ, ECQ area, and vice versa.

B. For LGU implemented projects and private construction projects, the LGU concerned, through its City/Municipal Engineering Office, shall monitor compliance with these Guidelines and shall issue QPs to the individual qualified personnel of the concessionaires, contractors, subcontractors, and suppliers based on the list submitted and certified by the said concessionaires, contractors, subcontractors, and suppliers.

C. For infrastructure projects implemented by other national government agencies, Government-Owned and Controlled Corporations (GOCC), and other government instrumentalities, the head or representative of the agency, GOCC, or government instrumentality concerned shall monitor compliance with these Guidelines and issue QPs to the individual qualified personnel of the concessionaires, contractors, subcontractors, and suppliers based on the list submitted and certified by the said concessionaires, contractors, subcontractors, and suppliers.

D. For monitoring purposes, personal records and health report of all personnel necessary for contact tracing shall be submitted by the concessionaires, contractors, subcontractors, and suppliers to the DPWH IO, LGU, or Implementing Government Agency, Instrumentality or GOCC, as the case may be, and shall be resubmitted and updated monthly, or as the need arises (Copies of the monitoring forms are attached hereto as Annexes "B" and "C").

E. Concessionaires, contractors, and subcontractors shall submit the design for disinfection facilities and amenities, for monitoring purposes, to the DPWH IO, LGU, or Implementing Government Agency, Instrumentality or GOCC, as the case may be, as mentioned in Section III (A) (5).

F. Concessionaires, contractors, and subcontractors shall submit to the DPWH IO, LGU, or Implementing Government Agency, Instrumentality or GOCC, as the case may be, a certification under oath that they have complied and shall continue to comply with the provisions of these Guidelines within fifteen (15) days from commencement of work (A copy of the certification is attached hereto as Annex "D").

G. The allowed government and private construction projects are subject to the visitorial and enforcement powers of the Department of Labor and Employment and the Department of Trade and Industry in order to ensure compliance with the provisions on maximum allowable operational capacity in establishments as well as minimum health standards and protocols in accordance with Section 8 (4) of the Revised Omnibus Guidelines.

V. PENALTIES:

Violation of any provision of this Revised Construction Safety Guidelines shall be subject to the following penalties, without prejudice to the imposition of additional administrative sanctions as the internal rules of DPWH may provide and/or further criminal action that may be filed against such erring concessionaires, contractors, subcontractors, and suppliers, as may be provided by applicable laws:

A. Termination of contract for breach thereof resulting to default pursuant to Item III (A) (2) (c) (i), Annex I of the Implementing Rules and Regulations of Republic Act No. 9184 in relation to Section 37.2.3 of the same, which provides that bidding documents requiring bidders to know and be familiar with all existing laws, decrees, ordinances, acts, and regulations, including the Department Orders of DPWH, shall form part of the contract awarded, and refusal or failure to comply with the valid instruction of DPWH, as the procuring entity, shall justify the contract's termination;

B. Contract termination/rescission under Section 12.21 (b) of the Implementing Rules and Regulations of Republic Act No. 6957, as amended by Republic Act No. 7718 (BOT Law);

C. Referral to the Philippine Contractors Accreditation Board of any such violation by the contractor/subcontractor, which shall constitute as prima facie case of construction malperformance of grave consequence due to negligence, incompetence, or malpractice contemplated under DOLE D.O. No. 13, Series of 1998 and DPWH D.O. No. 56, Series of 2005 in relation to Republic Act No. 4566 (Contractors' License Law); and

D. Institution of criminal action under Republic Act No. 11469 (Bayanihan to Heal as One Act).

VI. EFFECTIVITY:

These Guidelines shall take effect immediately upon publication in the Official Gazette or any newspaper of general circulation.

This Order hereby repeals D.O. No. 35, Series of 2020, and Annex 1 thereof.

For information and guidance.

(SGD.) MARK A. VILLARSecretary

ANNEX A

Accreditation/Construction Work Pass

ANNEX B

Worker's Record Log

ANNEX C

Daily COVID-19 Surveillance Fill-Up/Checklist Form

ANNEX D

Certification and Undertaking

Pursuant to DPWH Department Order No. ____, Series of 2020 (DO No. ___, s. 2020), the undersigned, ______________ (name and position) of ______________________ (name of company and address), contractor of _________________________ (name of office/s, name of project/s and project/s details), duly authorized to act for and in behalf of the said company (as evidenced by Board Resolution/Secretary's Certificate/Special Power of Attorney, dated __________________, and attached hereto), hereby:

1. Attest that, in relation to our abovementioned project(s), our company has duly complied with all the requirements for the commencement/resumption/continuation of the operations/activities thereof during the COVID-19 Public Health Crisis, as set forth in DO No. ___, s. 2020; and

2. Undertake to:

a) Ensure strict and continued compliance with DO No. ___, s. 2020 and any DPWH issuances that may be issued in the future, in relation to the implementation of infrastructure projects during the COVID-19 Public Health Crisis Community Quarantine;

b) Allow and fully cooperate with the DPWH and other monitoring agencies' mentioned in the DPWH Revised Construction Safety Guidelines for the initial and regular inspection, and the monitoring of our abovementioned office/s and project/s, pursuant to DO No. ___, s. 2020; and

c) Regularly submit (at the end of each month, beginning on the month following the resumption of operations/activities of our company's abovementioned office/s and project/s) to the DPWH and other monitoring agencies' mentioned in the DPWH Revised Construction Safety Guidelines concerned electronically (or through courier service or by personal service, if the former mode is not available/feasible or timely, and such DPWH Office concerned is not under ECQ), proof of our continued compliance with the existing or subsequently-issued requirements of the DPWH relative to the COVID-19 Public Health Crisis Community Quarantine, in the form of scanned, certified documents, photos, or videos, as part of the regular monitoring and post-audit process.

Name of Company

By:

________________(Signature)Name

SUBSCRIBED AND SWORN to before me this __________ day of __________ 2020, affiant exhibiting to me his/her competent evidence of identity/valid government ID/Passport No. ____________________ issued on _________________ at _________________.

Doc. No: _____;