Legal Matter: Can a building management requires workers to preset a negative test?

[alyx]

Hey 

Sorry if that is the wrong forum but kindly move this post to the correct thread if that is the case. Thanks

 

I am on the committee of a Bangkok's Condominium. 

One of the owners is constructing his condo ( long story but he is actually doing that ...legally) inside the building.

His construction has been put on hold for a couple of months due to the Government's imposed restrictions but these directives are eased from the 1st of September.

We have taken a vote and the Committee has imposed for the workers to present a negative test to enter the building.

Are we allowed to do that ?  as in aren't we violating the law as the Government did not specify this ? ( even U turned on that decision), and therefore expose ourselves to a lawsuit not withstanding the fact that there is no limit set to who can enter, who must present a test...

Thanks for your input 

[Crossy]

Your building, your rules pretty much.

 

These are the rules for accessing our worksites in BKK, obviously you wouldn't want to implement all of them for a small group of workers.

• A list of all personnel from contractor and subcontractors must be provided to client
• Covid Test to be done by all members with the name in the list – Who will be directly working at site (It does not apply for management and senior management staff), and certificates from hospital or test center to be provided within this week
• People who got infected by Covid previously can use the last certificate up to 2,5-month-old
• Teams allocated to work at sites must not be under rotation and must work at least 14 days at the same location prior to change to other work location (contractor approach to minimize the spread of people)
• Site supervisor (one per team) must use an armband (general armband can be bought anywhere) 
• Rest and eating area need to be proper segregated, client rooms are not to be used for it, further discussion along the week will be made however it’s not a blocking point now
• Sticker to identify the vaccinated people could be further implemented

 

I'd stick with negative tests or a vaccination certificate (the Mor Phrom app produces a vax cert).

[alyx]

6 hours ago, Crossy said:

Your building, your rules pretty much.

 

These are the rules for accessing our worksites in BKK, obviously you wouldn't want to implement all of them for a small group of workers.

• A list of all personnel from contractor and subcontractors must be provided to client
• Covid Test to be done by all members with the name in the list – Who will be directly working at site (It does not apply for management and senior management staff), and certificates from hospital or test center to be provided within this week
• People who got infected by Covid previously can use the last certificate up to 2,5-month-old
• Teams allocated to work at sites must not be under rotation and must work at least 14 days at the same location prior to change to other work location (contractor approach to minimize the spread of people)
• Site supervisor (one per team) must use an armband (general armband can be bought anywhere) 
• Rest and eating area need to be proper segregated, client rooms are not to be used for it, further discussion along the week will be made however it’s not a blocking point now
• Sticker to identify the vaccinated people could be further implemented

 

I'd stick with negative tests or a vaccination certificate (the Mor Phrom app produces a vax cert).

Thank you so much. That is quite helpful

[Liverpool Lou]

As Crossy said, your private building so your (high-handed) rules apply.   

 

Don't forget, though, that if you're imposing that requirement on one you'll probably have to impose it on all unless you're already making visitors show a negative test.   

 

Do you show a Covid test result when you enter the building?  If not, why would you want to insist that this one co-owner's workers to do so?   Are you so perfectly free of Covid and they are not?   Perhaps the Covid virus in your building is able to distinguish residents from visitors and only attacks them?   

 

Are you making the co-owner (the one who's in contact with his workers) present a negative test every time he enters?

[alyx]

1 hour ago, Liverpool Lou said:

As Crossy said, your private building so your (high-handed) rules apply.   

 

Don't forget, though, that if you're imposing that requirement on one you'll probably have to impose it on all unless you're already making visitors show a negative test.   

 

Do you show a Covid test result when you enter the building?  If not, why would you want to insist that this one co-owner's workers to do so?   Are you so perfectly free of Covid and they are not?   Perhaps the Covid virus in your building is able to distinguish residents from visitors and only attacks them?   

 

Are you making the co-owner (the one who's in contact with his workers) present a negative test every time he enters?

Thanks 

It is not asked from any co-owner, resident nor visitor  to abide by these rules. An announcement has been published in that manner and addresses every co-owner/residents stipulating that the restrictions are aimed at the construction sites only. For example we will have the water system replaced and these measures will apply to the company taking the job up.

Anything we should worry about legally ?.

[fvw53]

Our Committee has voted that no renovation works (except urgent repair work) can be done before the updates on Thai TV channel 2 indicate that the daily new COVID infections are less than 10.000

 

[alyx]

35 minutes ago, fvw53 said:

Our Committee has voted that no renovation works (except urgent repair work) can be done before the updates on Thai TV channel 2 indicate that the daily new COVID infections are less than 10.000

 

Thank you. Meaning that your building does not follow the regulation announced by the Government ? I am always wary of voting against higher power 

[fallup88]

My building also has the same requirement, all workers need to be vaccinated or show proof of negative test within X number of days. They also required the use of rapid test kits every X number of days.

[fvw53]

2 hours ago, alyx said:

Thank you. Meaning that your building does not follow the regulation announced by the Government ? I am always wary of voting against higher power 

The regulation by the Government :  use masks, social distancing washing hands......how can the workers respect social distancing ...sometimes they live together in a camp

[thailand49]

That is why a committee is set up personally I think they made the right decision since the outbreak comes from illegal migrants who are being mixed in close quarters to others.  In my next of the woods it is called renovations.

[DefaultName]

On 9/1/2021 at 5:29 AM, Crossy said:

Your building, your rules pretty much.

 

These are the rules for accessing our worksites in BKK, obviously you wouldn't want to implement all of them for a small group of workers.

• A list of all personnel from contractor and subcontractors must be provided to client
• Covid Test to be done by all members with the name in the list – Who will be directly working at site (It does not apply for management and senior management staff), and certificates from hospital or test center to be provided within this week
• People who got infected by Covid previously can use the last certificate up to 2,5-month-old
• Teams allocated to work at sites must not be under rotation and must work at least 14 days at the same location prior to change to other work location (contractor approach to minimize the spread of people)
• Site supervisor (one per team) must use an armband (general armband can be bought anywhere) 
• Rest and eating area need to be proper segregated, client rooms are not to be used for it, further discussion along the week will be made however it’s not a blocking point now
• Sticker to identify the vaccinated people could be further implemented

 

I'd stick with negative tests or a vaccination certificate (the Mor Phrom app produces a vax cert).

Just for interest, why are "management and senior management staff" excepted?  Is there some reason why they can't carry Covid?

[MrJ2U]

4 hours ago, fallup88 said:

My building also has the same requirement, all workers need to be vaccinated or show proof of negative test within X number of days. They also required the use of rapid test kits every X number of days.

Nice and Simple.

 

Without being overreaching.