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

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


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


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


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


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


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


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

Documents

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