Factories and Industrial Undertakings (Safety Management) Regulation
The Factories and Industrial Undertakings (Safety Management) Regulation made by the Commissioner for Labour was approved by the Legislative Council on 24 November 1999 and will come into operation on a date to be appointed by the Commissioner for Labour. It provides for the introduction of a safety management system in selected industrial undertakings.
To facilitate proprietors and contractors to implement a safety management system applicable to Hong Kong, the Regulation provides for 14 process elements. Initially, contractors or proprietors in relation to construction sites, shipyards, factories and other designated industrial undertakings [i.e. those involved in the generation and transmission of electricity, town gas or liquefied petroleum gas and in the handling of containers] with 100 or more workers, as well as construction projects with contract value of $100 million or more, are required to implement the first 10 of the 14 process elements of the safety management system, and to carry out safety audits of their safety management system. Construction sites and industrial undertakings employing 50 to 99 workers will be required to implement the first 8 of the 14 process elements of the safety management system and to carry out safety reviews, which are less stringent than safety audits. A phased implementation of the process elements will allow the affected industries to get accustomed to the new system and to prepare for the additional elements. This will allow sufficient safety practitioners and medical professionals to be trained to take up the additional functions. Industrial undertakings employing less than 50 workers will not be covered for the time being.
The Regulation provides for :
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the registration of persons who may conduct safety audits and of persons who may operate schemes to train persons to be safety auditors etc.;
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the imposition of duties on proprietors and contractors to develop, implement and maintain a safety management system; to prepare written safety policy; and to establish safety committee in respect of their relevant industrial undertakings etc.;
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the appointment of registered safety auditors or safety review officers; the conduct of audits or reviews and the submission of audit or review reports; and action to be taken by proprietors and contractors on the audit or review reports etc.;
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the disciplining (including the suspension or cancellation of registration) of registered safety auditors and registered scheme operators by a disciplinary board etc.;
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appeals to the Administrative Appeals Board by persons aggrieved by certain decisions of the Commissioner for Labour or the disciplinary board; and
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the power of the Commissioner for Labour to inspect the conduct of safety audits and safety reviews; and the offences against the Regulation etc.
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Resolution made and passed by the Legislative Council under section 42 of the Occupational Safety and Health Ordinance (Cap. 509) and section 35 of the Interpretation and General Clauses Ordinance (Cap. 1) on 24 April 2002 .
Resolved that the Occupational Safety and Health (Display Screen Equipment) Regulation, made by the Commissioner for Labour on 8 November 2000 ,
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