Legislation Legislation
Dec 20, 2015
LegislationLegislation
Factories & Industrial Undertakings Factories & Industrial Undertakings OrdinanceOrdinance
Occupational Safety and Health Occupational Safety and Health OrdinanceOrdinance
Introduction to Safety Introduction to Safety LegislationLegislation
F&IU Ordinance & F&IU Ordinance & Subsidiary RegulationSubsidiary Regulation
Safety Legislation Based on the Practice in UKSafety Legislation Based on the Practice in UK
F& IU – 31 Safety Regulations & 26 Codes of F& IU – 31 Safety Regulations & 26 Codes of Practice & Guidance Notes(Appendix I)Practice & Guidance Notes(Appendix I)F&IUO Amendment 1989 – General Duties of F&IUO Amendment 1989 – General Duties of Employers & EmployeesEmployers & EmployeesConstruction Sites (Safety) Regulations (Part VA Construction Sites (Safety) Regulations (Part VA Amended) – Amended) – Protect Workers Working at Protect Workers Working at HeightHeightF&IU (Safety Management) RegulationF&IU (Safety Management) Regulation
F& IU Ordinance & F& IU Ordinance & Subsidiary RegulationSubsidiary Regulation
General Duties of Employers/ProprietorGeneral Duties of Employers/Proprietor Provide & Maintain Plant & Work Systems that do Provide & Maintain Plant & Work Systems that do
not endanger safety or Healthnot endanger safety or Health Make Arrangements for Ensuring Safety & Health in Make Arrangements for Ensuring Safety & Health in
Connection with the Use, Handling, Storage or Connection with the Use, Handling, Storage or Transport of Plant or SubstanceTransport of Plant or Substance
Provide Information, Instruction, Training & Provide Information, Instruction, Training & Supervision for Ensuring Safety & HealthSupervision for Ensuring Safety & Health
Provide & Maintain a Safe & Healthy Work Provide & Maintain a Safe & Healthy Work EnvironmentEnvironment
F& IU Ordinance & F& IU Ordinance & Subsidiary RegulationSubsidiary Regulation
General Duties of Employees General Duties of Employees
Take Care of Themselves & OthersTake Care of Themselves & Others Co-operate with Employers on Co-operate with Employers on
Measures Taken to Ensure Health & Measures Taken to Ensure Health & Safety at WorkSafety at Work
PenaltiesPenalties
An Employer who fails to comply with An Employer who fails to comply with these requirements – these requirements –
is liable to a fine of up to $200,000 and/or,is liable to a fine of up to $200,000 and/or,
imprisonment for a term not exceeding 6 monthsimprisonment for a term not exceeding 6 months
An Employer who fails to comply with An Employer who fails to comply with these requirements – these requirements –
is liable to a fine of up to $200,000 and/or,is liable to a fine of up to $200,000 and/or,
imprisonment for a term not exceeding 6 monthsimprisonment for a term not exceeding 6 months
PenaltiesPenalties
An Employee who fails to comply these An Employee who fails to comply these requirements and commits an offence is requirements and commits an offence is liable on conviction to - liable on conviction to - – a fine of up to $ 50,000 and/or a fine of up to $ 50,000 and/or
– imprisonment for a term not imprisonment for a term not exceeding 6 months exceeding 6 months
An Employee who fails to comply these An Employee who fails to comply these requirements and commits an offence is requirements and commits an offence is liable on conviction to - liable on conviction to - – a fine of up to $ 50,000 and/or a fine of up to $ 50,000 and/or
– imprisonment for a term not imprisonment for a term not exceeding 6 months exceeding 6 months
Workplace Codes of Workplace Codes of PracticePractice
Consists of Codes, Standards, Rules, Consists of Codes, Standards, Rules, Specifications Relate to Occupational Safety Specifications Relate to Occupational Safety Approved by the Commissioner for Labour.Approved by the Commissioner for Labour.Published in Both English & ChinesePublished in Both English & Chinese
Any Amendment or Revocation should be Any Amendment or Revocation should be made Public in Gazette & Available at made Public in Gazette & Available at
Head Office of L.D.Head Office of L.D. Do Not Incur a Civil or Criminal Liability if Do Not Incur a Civil or Criminal Liability if
complied withcomplied with
F& IU Ordinance & F& IU Ordinance & Subsidiary RegulationSubsidiary Regulation
Other Common Safety Legislation in HKOther Common Safety Legislation in HK
F & IU (Confined Space)(Amendment) Regulation – F & IU (Confined Space)(Amendment) Regulation – Protects Workers Working in Confined Spaces Protects Workers Working in Confined Spaces
Construction Sites (Safety) Regulations (Part VA Construction Sites (Safety) Regulations (Part VA Amended) – Amended) – Protects Workers Working at HeightProtects Workers Working at Height
Mandatory Safety Training – Green CardMandatory Safety Training – Green Card
Construction Site Safety Construction Site Safety RegulationRegulation
General Safety Requirements in General Safety Requirements in Construction Site:Construction Site:
Working at HeightWorking at Height Falling ObjectsFalling Objects HousekeepingHousekeeping Fire PreventionFire Prevention
Construction Site Safety Construction Site Safety RegulationRegulation
General Safety Requirements General Safety Requirements Working at Working at HeightHeight::
Provide Guardrails for Safe Provide Guardrails for Safe Working Platform and Floor EdgesWorking Platform and Floor Edges
Access to Working PlatformAccess to Working Platform Wearing Safety Harness/BeltWearing Safety Harness/Belt
Construction Site Safety Construction Site Safety RegulationRegulation
General Safety Requirements General Safety Requirements Prevent Prevent Falling ObjectsFalling Objects
Provide Toe-board for Safe Provide Toe-board for Safe Working Platform and Floor EdgesWorking Platform and Floor Edges
Wearing Toolbag or ToolbeltWearing Toolbag or Toolbelt Wearing Safety Helmet Wearing Safety Helmet
Construction Site Safety Construction Site Safety RegulationRegulation
General Safety Requirements General Safety Requirements Good HousekeepingGood Housekeeping Keep Clear AccessKeep Clear Access Provide Rubbish Bin to Store Waste Provide Rubbish Bin to Store Waste
MaterialsMaterials No Projecting Nails or Protruding BarsNo Projecting Nails or Protruding Bars Proper Storagee of Materials – Wedge to Proper Storagee of Materials – Wedge to
Cable DrumCable Drum Regular InspectionRegular Inspection Sufficient Lighting/Spot Light Sufficient Lighting/Spot Light
Construction Site Safety Construction Site Safety RegulationRegulation
General Safety Requirements General Safety Requirements Fire PreventionFire Prevention Display Fire Exit & Escape Route SignsDisplay Fire Exit & Escape Route Signs Adequate Fire Extinguishers & AlarmAdequate Fire Extinguishers & Alarm Provide Muster PointProvide Muster Point Provide Training for Use of Fire Fighting Provide Training for Use of Fire Fighting
EquipmentEquipment Fire Fighting Equipment Regular InspectionFire Fighting Equipment Regular Inspection Appoint Fire Emergency TeamAppoint Fire Emergency Team Conduct Regular Fire Drill & Report Conduct Regular Fire Drill & Report
F&I U (Safety F&I U (Safety Management) RegulationManagement) Regulation
General Safety Requirements :General Safety Requirements : Implement 8, 10 or 14 ElementsImplement 8, 10 or 14 Elements Conduct Safety Review or AuditConduct Safety Review or Audit
F&I U (Safety F&I U (Safety Management) RegulationManagement) Regulation
What is “Safety”What is “Safety” Safety is described as control of lossSafety is described as control of lossWhat is a “Management System”What is a “Management System” The classical approach:The classical approach:
– planplan– organiseorganise– CommandCommand– coordinatecoordinate– controlcontrol
““Getting things done through others”Getting things done through others”
Occupational Health & Safety Occupational Health & Safety OrdinanceOrdinance
Safety Review in 1995Safety Review in 1995
Enacted on 23 May 1997Enacted on 23 May 1997 Covers non-industrial sectors (School, Clinic Covers non-industrial sectors (School, Clinic
& Etc.)& Etc.) Employer & Occupier of Premises have duty Employer & Occupier of Premises have duty
to ensure Safety & Health of all Employees.to ensure Safety & Health of all Employees. Employee have to take care of themselves Employee have to take care of themselves
and Othersand Others Commissioner for Labour to issue Commissioner for Labour to issue
Improvement & Suspension NoticeImprovement & Suspension Notice
Occupational Health & Occupational Health & Safety OrdinanceSafety Ordinance
ExceptionException An Aircraft or Vessel in a Public PlaceAn Aircraft or Vessel in a Public Place Place Occupied by the Driver of a Land Place Occupied by the Driver of a Land
Transport Vehicle in a Public Place Transport Vehicle in a Public Place Employed Domestic Servant for Employed Domestic Servant for
Domestic PremiseDomestic Premise Self-employed PersonSelf-employed Person
Occupational Health & Safety Occupational Health & Safety OrdinanceOrdinance
to ensure the safety and health of to ensure the safety and health of employees when they are at work; employees when they are at work;
to improve the standards of safety to improve the standards of safety and health in the workplace;and health in the workplace;
to ensure the safety and health of to ensure the safety and health of employees when they are at work; employees when they are at work;
to improve the standards of safety to improve the standards of safety and health in the workplace;and health in the workplace;
LAWThe Purpose of this Ordinance is:
Contents of the OrdinanceContents of the Ordinance
Accident Prevention Accident Prevention Fire PrecautionsFire Precautions Workplace Environment Workplace Environment Hygiene in the Workplaces Hygiene in the Workplaces First aid in the Workplaces First aid in the Workplaces Manual Handling Operations Manual Handling Operations
Accident Prevention Accident Prevention Fire PrecautionsFire Precautions Workplace Environment Workplace Environment Hygiene in the Workplaces Hygiene in the Workplaces First aid in the Workplaces First aid in the Workplaces Manual Handling Operations Manual Handling Operations
Manual Handling Manual Handling Operations Operations
Preliminary Manual Preliminary Manual Handling AssessmentsHandling Assessments
Further Manual Further Manual Handling AssessmentsHandling Assessments
Review initial Review initial assessments assessments
Preliminary Manual Preliminary Manual Handling AssessmentsHandling Assessments
Further Manual Further Manual Handling AssessmentsHandling Assessments
Review initial Review initial assessments 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
are to ensure that -are to ensure that - are to ensure that -are to ensure that -
The Responsibilities of the The Responsibilities of the EmployerEmployer
– safety information, instruction, training and safety information, instruction, training and supervision is provided;supervision is provided;
– the workplace is maintained in a safe condition and the workplace is maintained in a safe condition and without risk to health; and,without risk to health; and,
– a safe means of escape is provided;a safe means of escape is provided;
The Responsibility of the The Responsibility of the OccupierOccupier
are to ensure that -are to ensure that - are to ensure that -are to ensure that -
– the premises ; the premises ; – the means of access and ,the means of access and ,– any substances kept at the premises are, safe any substances kept at the premises are, safe
and without risks to healthand without risks to health
The Responsibility of The Responsibility of EmployeesEmployees
An Employee whilst at work must-An Employee whilst at work must- An Employee whilst at work must-An Employee whilst at work must-
– take care of the safety and health of persons in take care of the safety and health of persons in the workplace who may be affected by his acts;the workplace who may be affected by his acts;
– co-operate with the Employer or any other co-operate with the Employer or any other person, to enable these requirements to be person, to enable these requirements to be complied with.complied with.
Penalty Penalty
Committed a Criminal Offence Committed a Criminal Offence Breaching OSHOBreaching OSHO
Employer or Occupier:Employer or Occupier:
Maximum Fine of HK$500,000 & Maximum Fine of HK$500,000 & Imprisonment for 12 Months.Imprisonment for 12 Months.
Employee:Employee:Maximum Fine of HK$50,000 Maximum Fine of HK$50,000 Imprisonment for 6 Months Imprisonment for 6 Months
F&IU Safety Management F&IU Safety Management RegulationRegulation
Enacted on 24Enacted on 24thth November 1999 November 1999
Implemented on 1Implemented on 1stst April 2002 (Part April 2002 (Part I & Part II), Deadline of Submission I & Part II), Deadline of Submission at the end of September Every Yearat the end of September Every Year
10 Elements Only10 Elements Only Part III (Other 4 Elements) Review Part III (Other 4 Elements) Review
afterwardsafterwards
F&IU Safety Management F&IU Safety Management SystemSystem
Proprietors & Contractors of Proprietors & Contractors of Construction Sites, Shipyards, Factory Construction Sites, Shipyards, Factory & Designated Undertakings Required to & Designated Undertakings Required to have SMShave SMS– 50 workers to 99 workers - Implement 8 50 workers to 99 workers - Implement 8
elements & Conduct Safety Review every 6 elements & Conduct Safety Review every 6 months by Safety Review Officermonths by Safety Review Officer
– 100 workers or more - Implement 14 (10 100 workers or more - Implement 14 (10 only Today) elements & Conduct Safety only Today) elements & Conduct Safety Audit every 6 months by Registered Safety Audit every 6 months by Registered Safety AuditorAuditor
Safety Management Safety Management SystemSystem
PenaltyPenalty– Proprietor or Contractor fails his duties - Proprietor or Contractor fails his duties -
HK$200,000 & Imprisonment for 6 monthsHK$200,000 & Imprisonment for 6 months– Registered Safety Auditor fails his duties - Registered Safety Auditor fails his duties -
HK$100,000 & Imprisonment for 3 monthsHK$100,000 & Imprisonment for 3 months– Safety Review Officer fails his duties - Safety Review Officer fails his duties -
HK$100,000 & Imprisonment for 3 monthsHK$100,000 & Imprisonment for 3 months– Scheme Operator fails his duties - Scheme Operator fails his duties -
HK$50,000 HK$50,000 – Any person obstructs for assessing - Any person obstructs for assessing -
HK$50,000HK$50,000