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Laws related to Occupational Safety & Health


Important Notes:

  • This is only a summary based on the information in the update date. Readers may need to find the latest version and the details of the laws
    (available at the https://www.elegislation.gov.hk/).
  • Other than statutory requirement, reader should aware of the requirement by the common law especially the duty of care.
CAP 509.
Title : Occupation Safety Health Ordinance and Regulations
Covered areas : All workplaces
About :
  • The general duties of employers, occupiers and employees on safety and health at work
  • Specific requirement are given in the Regulations, such as:
    • CAP 509A SECTION 18 First aid facilities to be provided at workplace
    • CAP 509A PART VII MANUAL HANDLING OPERATIONS
    • CAP 509B OCCUPATIONAL SAFETY AND HEALTH (DISPLAY SCREEN EQUIPMENT) REGULATION
Enforced by : The Labour Department, Occupation Safety & Health Division

CAP 59.
Title : Factories and Industrial Undertaking Ordinance & Regulations
Covered areas : Workshops, construction sites, kitchens of canteens
About : The general duties of employers and employees - requirements on specific processes and use of specific materials
Enforced by : The Labour Department, Occupation Safety & Health Division

CAP 282.
Title : Employees Compensation Ordinance
Covered areas : Employees
About : report of accidents and the payment of compensation to employees who are injured in the course of their employment
Enforced by : The Labour Department

CAP 56.
Title : Boilers and Pressure Vessels Ordinance
Covered areas : Boilers, steam generator, autoclaves, air-receiver (of air compressors)
About : The equipment has to be registered and regularly checked by Appointed Examiners
Enforced by : The Labour Department, Boilers & Pressure Vessels Division

CAP 295.
Title : Dangerous Goods Ordinance and Regulations
Covered areas : About 500 chemicals such as explosives, compresses gases, toxic, corrosives, flammables, etc
About : Control the manufacture, handling, labeling, storage and transport of DG. Persons involved with the storage, use, manufacture or transport of DG have a legal responsibility to ensure that none of the licensing requirements and the provisions of the DG Ordinance and regulations are violated.
Enforced by : The Fire Services Department

Other Safety related Ordinances [that may related to activities in University]
CAP 51. Gas Safety Ordinance CAP 406. Electricity Ordinance. CAP 303. Radiation Ordinance.
CAP 123. Building Ordinance. CAP 354. Waste disposal Ordinance. CAP 358. Water Pollution Control Ordinance.
CAP 311. Air Pollution Control Ordinance. CAP 400. Noise Control Ordinance.
CAP 145. Control of Chemical Ordinance.

Requirements in the Occupational Safety & Health Ordinance CAP509

Section (6) Employers to ensure safety and health of employees. Such as
    1. to provide a safet system of work;
    2. to make arrangements to ensuring safety in the use, handling and storage etc of plants and/or substances;
    3. to provide information, instruction, training and supervision to ensure safety of employee;
    4. to maintain the conditions of the workplace and means of access to and egress from the workplace that are safe; and
    5. to provide a safe working environment.

Section (7) Occupier of premises to ensure safety of persons employed at the premises, and to ensure the safety of the permises and the substances kept in the permises.

Section (8) Employees at work to take care of others and to co-operate with employer.

Section (9,10)The Commissioner for Labour can serve an improvement notice or suspension notice on employer/occupier if the ordinance has been contravened.

Section (13) Person responsible (Employer/Occupier) for workplace to notify accident which is not notified under Employees' Compensation Ordinance (CAP 282) [1].

If the accident causes
Person responsible must notify the accident to the Labour Department
Death or serious injury [2] Within 24 hours after the accident
Permanently or temporarily (for at least 3 days) incapacitated from working Within 7 days after the accident
The death of the employee within 3 days after the accident Not later than 7 days after the accident
The death of the employee other than the above Not later than 7 days after the death
The total or partial incapacity irrespective of the period of partial incapacity Not later than 14 days after accident

[1]Under Section 15 of the Employees' Compensation Ordinance (CAP 282).
[2]Serious injury includes any bodily injury that results in the person's admission at a hospital or clinic for treatment or obersenvation.

Section (14) Occupier of relevant premise to report dangerous occurance (listed in Schedule 1) to Labour Department.

Section (15) Medical Practitioner to notify occupational disease to Labour Department.

Section (30) Offence for person to interfere with or misuse article provided for safety or health of employee.

Section (31) Offence for employer to charge employees for anything done to fulfil statutory requirement.

Section (32) Offence for any person to prevent, obstruct or delay the giving or receiving of aid in respect of an illness or injury of an employee.

Section (33) The director, manage or any person concerned in the management shall be guilty of the like offence if the offence was committed with the convant or connivance of, or was attributable to any neglect on the part of them.

 

 
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