Legislation

Factories & Industrial Undertakings Ordinance Occupational Safety and Health Ordinance Introduction to Safety Legislation

F&IU Ordinance & Subsidiary Regulation Safety Legislation Based on the Practice in UK F& IU – 31 Safety Regulations & 26 Codes of Practice & Guidance Notes(Appendix I) F&IUO Amendment 1989 – General Duties of Employers & Employees Construction Sites (Safety) Regulations (Part VA Amended) – Protect Workers Working at Height F&IU (Safety Management) Regulation

F& IU Ordinance & Subsidiary Regulation General Duties of Employers/Proprietor n Provide & Maintain Plant & Work Systems that do not endanger safety or Health n Make Arrangements for Ensuring Safety & Health in Connection with the Use, Handling, Storage or Transport of Plant or Substance n Provide Information, Instruction, Training & Supervision for Ensuring Safety & Health n Provide & Maintain a Safe & Healthy Work Environment

F& IU Ordinance & Subsidiary Regulation General Duties of Employees n Take Care of Themselves & Others n Co-operate with Employers on Measures Taken to Ensure Health & Safety at Work

Penalties An Employer who fails to comply with these requirements – n is liable to a fine of up to $200,000 and/or, imprisonment for a term not exceeding 6 months An Employer who fails to comply with these requirements – n is liable to a fine of up to $200,000 and/or, imprisonment for a term not exceeding 6 months

Penalties n An Employee who fails to comply these requirements and commits an offence is liable on conviction to - –a fine of up to $ 50,000 and/or –imprisonment for a term not exceeding 6 months n An Employee who fails to comply these requirements and commits an offence is liable on conviction to - –a fine of up to $ 50,000 and/or –imprisonment for a term not exceeding 6 months

Workplace Codes of Practice n Consists of Codes, Standards, Rules, Specifications Relate to Occupational Safety Approved by the Commissioner for Labour. Published in Both English & Chinese n Any Amendment or Revocation should be made Public in Gazette & Available at n Head Office of L.D. n Do Not Incur a Civil or Criminal Liability if complied with

F& IU Ordinance & Subsidiary Regulation Other Common Safety Legislation in HK n F & IU (Confined Space)(Amendment) Regulation – Protects Workers Working in Confined Spaces n Construction Sites (Safety) Regulations (Part VA Amended) – Protects Workers Working at Height n Mandatory Safety Training – Green Card

Construction Site Safety Regulation General Safety Requirements in Construction Site: n Working at Height n Falling Objects n Housekeeping n Fire Prevention

Construction Site Safety Regulation General Safety Requirements Working at Height : n Provide Guardrails for Safe Working Platform and Floor Edges n Access to Working Platform n Wearing Safety Harness/Belt

Construction Site Safety Regulation General Safety Requirements Prevent Falling Objects n Provide Toe-board for Safe Working Platform and Floor Edges n Wearing Toolbag or Toolbelt n Wearing Safety Helmet

Construction Site Safety Regulation General Safety Requirements Good Housekeeping n Keep Clear Access n Provide Rubbish Bin to Store Waste Materials n No Projecting Nails or Protruding Bars n Proper Storagee of Materials – Wedge to Cable Drum n Regular Inspection n Sufficient Lighting/Spot Light

Construction Site Safety Regulation General Safety Requirements Fire Prevention n Display Fire Exit & Escape Route Signs n Adequate Fire Extinguishers & Alarm n Provide Muster Point n Provide Training for Use of Fire Fighting Equipment n Fire Fighting Equipment Regular Inspection n Appoint Fire Emergency Team n Conduct Regular Fire Drill & Report

F&I U (Safety Management) Regulation General Safety Requirements : n Implement 8, 10 or 14 Elements n Conduct Safety Review or Audit

F&I U (Safety Management) Regulation What is “ Safety ” n Safety is described as control of loss What is a “ Management System ” n The classical approach: –plan –organise –Command –coordinate –control n “Getting things done through others”

Occupational Health & Safety Ordinance Safety Review in 1995 Enacted on 23 May 1997 n Covers non-industrial sectors (School, Clinic & Etc.) n Employer & Occupier of Premises have duty to ensure Safety & Health of all Employees. n Employee have to take care of themselves and Others n Commissioner for Labour to issue Improvement & Suspension Notice

Occupational Health & Safety Ordinance Exception n An Aircraft or Vessel in a Public Place n Place Occupied by the Driver of a Land Transport Vehicle in a Public Place n Employed Domestic Servant for Domestic Premise n Self-employed Person

Occupational Health & Safety Ordinance n to ensure the safety and health of employees when they are at work; n to improve the standards of safety and health in the workplace; n to ensure the safety and health of employees when they are at work; n to improve the standards of safety and health in the workplace; LAW The Purpose of this Ordinance is:

Contents of the Ordinance n Accident Prevention n Fire Precautions n Workplace Environment n Hygiene in the Workplaces n First aid in the Workplaces n Manual Handling Operations n Accident Prevention n Fire Precautions n Workplace Environment n Hygiene in the Workplaces n First aid in the Workplaces n Manual Handling Operations

Manual Handling Operations Manual Handling Operations n Preliminary Manual Handling Assessments n Further Manual Handling Assessments n Review initial assessments n Preliminary Manual Handling Assessments n Further Manual Handling Assessments n Review initial assessments

1. Devise a safe carrying procedure (use mechanical aids or get help if there is any doubt) 2. Start close to the object 3. Bend knees, squat down, grasp the object firmly and keep the back straight 4. Hold the object close to the body and lift with the legs 5. Always lift smoothly Turn with the feet and never twist your waist

n are to ensure that - The Responsibilities of the Employer – safety information, instruction, training and supervision is provided; – the workplace is maintained in a safe condition and without risk to health; and, – a safe means of escape is provided;

The Responsibility of the Occupier n are to ensure that - – the premises ; – the means of access and, – any substances kept at the premises are, safe and without risks to health

The Responsibility of Employees n An Employee whilst at work must- – take care of the safety and health of persons in the workplace who may be affected by his acts; – co-operate with the Employer or any other person, to enable these requirements to be complied with.

Penalty Committed a Criminal Offence Breaching OSHO Employer or Occupier: Maximum Fine of HK$500,000 & Imprisonment for 12 Months. Employee: Maximum Fine of HK$50,000 Imprisonment for 6 Months

F&IU Safety Management Regulation n Enacted on 24 th November 1999 n Implemented on 1 st April 2002 (Part I & Part II), Deadline of Submission at the end of September Every Year n 10 Elements Only n Part III (Other 4 Elements) Review afterwards

F&IU Safety Management System n Proprietors & Contractors of Construction Sites, Shipyards, Factory & Designated Undertakings Required to have SMS –50 workers to 99 workers - Implement 8 elements & Conduct Safety Review every 6 months by Safety Review Officer –100 workers or more - Implement 14 (10 only Today) elements & Conduct Safety Audit every 6 months by Registered Safety Auditor

Safety Management System n Penalty –Proprietor or Contractor fails his duties - HK$200,000 & Imprisonment for 6 months –Registered Safety Auditor fails his duties - HK$100,000 & Imprisonment for 3 months –Safety Review Officer fails his duties - HK$100,000 & Imprisonment for 3 months –Scheme Operator fails his duties - HK$50,000 –Any person obstructs for assessing - HK$50,000