【IC2129 Industry Safety】

Lecture Notes from The Hong Kong Polytechnic University IC2129 TM2009 Course

Chapter 1: Safety Legislation

F&IUO, Cap. 59

– Enacted in 1955
– Coverage: Factories, construction sites, catering establishments, cargo
and container handling undertakings, repair workshops and other
industrial workplaces
– subsidiary legislations

Factory VS Industrial Undertaking

factory (工廠) means any premises or place, (other than a mine or quarry), in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, and within the close or curtilage or precincts of which
(a) any machinery other than machinery worked entirely by hand is
used; or
(b) 20 more persons are employed in manual labour
;
(3) None of the provisions of this Ordinance shall apply to
(a) any undertaking which is not carried on by way of trade or for purposes of gain; or
(b) any agricultural operation.

Industrial undertaking (工業經營) includes-
(ha) the preparation of food for consumption and sale on the premises where it is prepared;

General Duties of Persons Employed

Factories and Industrial Undertakings Ordinance, Cap. 59, s. 6B:
(1) It shall be the duty of every person employed at an industrial undertaking while at work - (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

Occupational Safety and Health Ordinance, Cap 509, s. 8:
(1) An employee while at work- (a) must, so far as reasonably practicable, take care for the safety and health of persons (including the employee) who are at the employee’s
workplace and who may be affected by the employee’s acts or omissions
at work.

Proprietor 东主

(1) It shall be the duty of every proprietor of an industrial undertaking to ensure, –so far as is reasonably practicable, –the health and safety at work of all persons employed by him at the industrial undertakin

• Provide and maintain plant and systems of work
• Use, handle, store and transport plant or substances in safe manner
• Provide Information, instruction, training and supervision
• Maintain workplace; Provide and maintain access and egress
• Provide and maintain safe working environment

Contractor 承包商
• There should have proper systems for reporting of defects and for remedies of such defects, and
• the contractor should have well instructed the workers of such systems as required by section 6A(2)(a) and © of the Ordinance.
• He also failed to observe the statutory requirement of fencing dangerous floor edges.

Person Employed
• The first worker should have reported the failure of support for the guardrail to the management for immediate remedy.
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