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Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS 1

Chapter: 59A FACTORIES AND INDUSTRIAL UNDERTAKINGSREGULATIONS

Gazette Number Version Date

Empowering section 30/06/1997

(Cap 59, section 7)

[29 September 1955]

(Originally G.N.A. 103 of 1955)

Part: I PRELIMINARY 30/06/1997

Regulation: 1 Citation 30/06/1997

These regulations may be cited as the Factories and Industrial Undertakings Regulations.

Regulation: 2 Interpretation 30/06/1997

In these regulations, unless the context otherwise requires-

"dangerous occurrence" (危險事故) means any occurrence specified in the First Schedule; (L.N. 132 of 1969)

"executive" (幹事會), in relation to a trade union, means the body to which the management of the affairs of the trade

union is entrusted by the members and also means any person for the time being carrying out the functions of a president, chairman, vice-chairman, secretary or treasurer of a trade union; (L.N. 132 of 1969)

"fire-resisting material" (耐火物料) means a building material certified by the building authority to be fire-resisting;

"identity card" (身分證) means an identity card issued under the Registration of Persons Ordinance (Cap 177); (L.N.

132 of 1969)"material" (物料) includes waste material and debris; (L.N. 157 of 1978)

"mill-gearing" (傳動裝置) includes every shaft, wheel, drum and pulley and every other appliance by which motion

or power is communicated to any machine;

"overburden" (覆蓋層), in respect of a quarry, means any other substance which overlies the granite, porphyry or

limestone which is extracted in the quarry; (L.N. 29 of 1969)

"trade union" (職工會) means a trade union which is registered under the Trade Unions Ordinance (Cap 332). (L.N.

132 of 1969)(11 of 1980 s. 6; L.N. 302 of 1996)

Regulation: 3 (Repealed 11 of 1980 s.6) 30/06/1997

Part: II (Repealed 11 of 1980 s. 6) 30/06/1997

Part: IIA MEDICAL EXAMINATIONS OF PERSONSEMPLOYED TO WORK UNDERGROUND

30/06/1997

Regulation: 16A Application of Part IIA 30/06/1997

This Part shall apply to the following industrial undertakings-(a) mines;(b) quarries; and

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(c) industrial undertakings involving tunnelling operations.(L.N. 132 of 1969)

Regulation: 16B Register of persons employed underground in industrialundertaking

30/06/1997

(1) The proprietor of every industrial undertaking to which this Part applies shall maintain or cause to bemaintained therein a register in accordance with this regulation.

(2) The register shall be in the prescribed form and shall in respect of every person employed to workunderground in the industrial undertaking- (see Second Schedule, Form 1)

(a) specify his name and residential address;(b) specify the number of his identity card, if any;(c) specify his date of birth;(d) contain a full face photograph of the person;(e) specify the date on which he first commenced to work underground in the industrial undertaking; and(f) specify the date of every medical examination undergone by him in accordance with regulation

16C(3).

(L.N. 132 of 1969)

Regulation: 16C Employees not to work underground unless examinedmedically

30/06/1997

(1) Subject to regulations 16D and 16E, no person shall be permitted to commence to work underground in anindustrial undertaking to which this Part applies unless within the month preceding the date on which the person firstcommences so to work-

(a) the proprietor has engaged a medical practitioner to examine the person medically in accordance with paragraph (3); and

(b) the senior occupational health officer has issued a certificate under paragraph (4) that the person is fitto work underground in such an industrial undertaking. (L.N. 248 of 1982)

(2) No person under the age of 21 years-(a) who is employed to work underground in an industrial undertaking to which this Part applies; and(b) who has been so employed for more than 12 months,

shall be permitted to continue in such employment at any time unless within the preceding period of 12 months-(i) the proprietor has engaged a medical practitioner to examine the person medically in accordance with

paragraph (3); and(ii) the senior occupational health officer has issued a certificate under paragraph (4) that the person is fit

to work underground in such an industrial undertaking: (L.N. 248 of 1982)Provided that a person under the age of 21 years who is employed at the date of commencement of this

regulation to work underground in an industrial undertaking to which this Part applies may continue to be soemployed for a period not exceeding 3 months from such date, notwithstanding that he has not been examinedmedically as required under sub-paragraph (i) of this paragraph.

(3) Where any person is required to be examined medically for the purposes of this regulation-(a) the proprietor of the industrial undertaking in which the person is employed or is to be employed to

work underground shall complete Part I of the prescribed medical examination report in duplicate;(see Second Schedule, Form 2)

(b) the person required to be examined shall complete Part II of the prescribed medical examination reportin duplicate; and (see Second Schedule, Form 2)

(c) a medical practitioner shall carry out a medical examination of the person, and-(i) complete Part III of the prescribed medical examination report in duplicate in respect of the

person; (see Second Schedule, Form 2)(ii) forward 1 copy of the completed report to the senior occupational health officer; and (L.N. 248

of 1982)

(iii) retain 1 copy of the completed report.(4) Where the senior occupational health officer receives a medical examination report under paragraph (3) inrespect of any person, he shall forthwith forward a certificate in the prescribed form and in accordance with the report

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to the proprietor of the industrial undertaking by whom the medical practitioner has been engaged. (see SecondSchedule, Form 3)

(5) The expenses of the medical examination of any person for the purposes of this regulation shall in no case be payable by or recoverable from the person.

(L.N. 132 of 1969)

Regulation: 16D Exemption from medical examination where employeeexamined within previous 12 months

30/06/1997

(1) Any person-(a) who has attained the age of 21 years,(b) who is or has at any time been employed to work underground in an industrial undertaking to which

this Part applies,(c) who has been examined medically in accordance with regulation 16C(3) for the purposes of such

employment; and(d) in respect of whom the senior occupational health officer has, as a result of the medical examination,

issued a certificate of fitness under regulation 16C(4), (L.N. 248 of 1982)

may, at any time within 12 months after the date of the medical examination-(i) be re-employed to work underground in the industrial undertaking; or(ii) be employed, subject to paragraph (2), to work underground in any other industrial undertaking to

which this Part applies,notwithstanding that in respect of his re-employment in such industrial undertaking, or his employment in such otherindustrial undertaking, the person has not been examined medically as required under regulation 16C(1)(a).

(2) Before employing any person under paragraph (1)(ii), the proprietor of the industrial undertaking shallobtain from the senior occupational health officer a copy of the certificate issued under regulation 16C(4) in respect ofthe medical examination. (L.N. 248 of 1982)

(L.N. 132 of 1969)

Regulation: 16E Exemption from medical examination where work unlikely

to take more than 6 months to complete

30/06/1997

Where any person who has attained the age of 21 years is to be employed to work underground in any industrialundertaking to which this Part applies, and the Commissioner for Labour or any officer authorized in writing by him issatisfied that the underground work on which the person is to be employed is unlikely to take more than 6 months tocomplete, the Commissioner for Labour or the authorized officer may give written permission for the employment ofthe person on such work for such period, not exceeding 6 months, as the Commissioner for Labour or the authorizedofficer shall specify, notwithstanding that in respect of such employment, the person has not been examined medicallyas required under regulation 16C(1)(a).

(L.N. 132 of 1969)

Regulation: 16F Disclosure of medical information 30/06/1997

(1) At the request of an authorized member of the executive of any trade union which in the opinion of theCommissioner for Labour, or any officer authorized in writing by him, represents any person under the age of 21 yearswho is employed to work underground in any industrial undertaking to which this Part applies, the Commissioner forLabour or the authorized officer shall supply to such member the following information in respect of the person soemployed-

(a) his name;(b) his identity card number, if any;(c) his date of birth;(d) the date which, in the latest medical examination report received by the senior occupational health

officer under regulation 16C(4) in respect of the person, is specified as the date on which he first

commenced to work underground in the industrial undertaking or as the proposed date on which hewas to first commence so to work; and (L.N. 248 of 1982)(e) the nature of his occupation,

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and shall produce for inspection to such member the latest certificate issued under regulation 16C(4) in respect of the person so employed.

(2) No-(a) proprietor of an industrial undertaking to which this Part applies; or(b) public officer,

shall disclose to any person any medical information which is obtained on the examination of a person in accordancewith regulation 16C(3), unless-

(i) the person to whom the information relates consents to the disclosure;(ii) the information is disclosed to a public officer acting in the course of his duty; or(iii) the disclosure of the information is permitted or required under any enactment.

(L.N. 132 of 1969)

Part: III GENERAL 30/06/1997

Regulation: 17 Report of accidents resulting in death or incapacity 32 of 2000 09/06/2000

(1) Where an accident in an industrial undertaking results in-(a) the death of a person at the time of the accident or immediately thereafter; or(b) serious bodily injury to a person,

a report of the accident stating the name of the person, the nature of the injury and the time, place and circumstancesof the accident shall be made orally or in writing by the proprietor of the industrial undertaking within 24 hours afterthe accident-

(i) to an occupational safety officer, where the accident occurs in an industrial undertaking other than aquarry; or (32 of 2000 s. 48)

(ii) to the Superintendent of Mines, where the accident occurs in a quarry,and to the police station nearest to the place of accident, where the accident results in death.

(2) Subject to paragraph (4), where an accident in an industrial undertaking results in-(a) the death of a person at the time of the accident or immediately thereafter;

(b) serious bodily injury to a person; or(c) the incapacity, for a period exceeding 3 days immediately following the accident, of a person for any

employment which he was capable of undertaking at the time of the accident,a report of the accident (containing the particulars specified in paragraph (5)) shall, in addition to any report requiredto be made under paragraph (1), be made in writing by the proprietor of the industrial undertaking within 7 days afterthe accident-

(i) to an occupational safety officer, where the accident occurs in an industrial undertaking other than aquarry; or (32 of 2000 s. 48)

(ii) to the Superintendent of Mines, where the accident occurs in a quarry.(3) Where a person who is injured in an accident dies subsequently as a result of the injury and the death comes

to the notice of the proprietor of the industrial undertaking, the proprietor shall, in addition to any report which he mayhave made or is required to make under paragraphs (1)(b) and (2)(b) or (c), report the death orally or in writing within24 hours after it comes to his notice-

(a) to an occupational safety officer, where the accident has occurred in an industrial undertaking otherthan a quarry; or (32 of 2000 s. 48)

(b) to the Superintendent of Mines, where the accident has occurred in a quarry,and to the police station nearest to the place of the accident.

(4) No report is required under paragraph (2) if notice of the accident has been given under section 15 of theEmployees, Compensation Ordinance (Cap 282).

(5) A report under paragraph (2) shall contain-(a) the name and address of the proprietor of the industrial undertaking;(b) the name, occupation and address of the deceased or injured person and his sex, age and identity card

number;

(c) the date and particulars of the accident; and(d) the nature of the injury, stating whether death or incapacity was caused by the injury.(6) For the purposes of paragraphs (1) and (2) a person shall be deemed to have suffered serious bodily injury

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in an accident if he is admitted to a hospital immediately following the accident for observation or treatment.(L.N. 7 of 1975)

Regulation: 18 Reports of dangerous occurrences 32 of 2000 09/06/2000

(1) Every dangerous occurrence which occurs in an industrial undertaking, whether any personal injury has been caused or not, shall be reported by the proprietor of the industrial undertaking within 24 hours of its occurrence-(L.N. 7 of 1975)

(a) in the case of an industrial undertaking other than a quarry, to an occupational safety officer; and (32of 2000 s. 48)

(b) in the case of a quarry, to the Superintendent of Mines. (L.N. 29 of 1969)(2) Every report made under this regulation shall be in writing, and in addition to any report required under

regulation 17, and shall include particulars of the time of the occurrence of the accident, any damage to any building,machinery or plant in the industrial undertaking in which the accident occurred, and the circumstances in which theaccident occurred. (L.N. 29 of 1969)

Regulation: 19 Application of regulations 17 and 18 30/06/1997

The provisions of regulations 17 and 18 shall not be applicable in the case of any accident which is required to be reported under the provisions of section 47 of the Mining Ordinance (Cap 285).

(L.N. 7 of 1975)

Regulation: 20 Power to take samples 32 of 2000 09/06/2000

(1) An occupational safety officer may at any time after informing the proprietor or, if the proprietor is notreadily available, a foreman or other responsible person in the industrial undertaking, take for analysis sufficientsamples of any material in use or mixed for use in a dangerous trade or scheduled trade, or of any substance used orintended to be used in an industrial undertaking being a substance which he thinks may prove on analysis to be likelyto cause bodily injury to the person employed. (32 of 2000 s. 48)

(2) The proprietor or the foreman or other responsible person aforesaid may, at the time when a sample is takenunder this regulation, and on providing the necessary appliances, require the occupational safety officer to divide thesample into 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and- (32 of 2000 s.48)

(a) to deliver one part to the proprietor, or the foreman or other responsible person aforesaid;(b) to retain one part for future comparison; and(c) to submit one part to the Government Chemist for analysis.

(3) A certificate purporting to be a certificate by the Government Chemist as to the result to an analysis of asample under this regulation shall in any proceedings under the Ordinance be admissible as evidence of the mattersstated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4) No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under theOrdinance, publish or disclose to any person the results of an analysis made under this regulation.

Regulation: 21 Duties of persons employed 30/06/1997

(1) No person employed in an industrial undertaking shall wilfully interfere with or misuse any means,appliance, convenience or other thing provided in pursuance of the Ordinance for securing the health, safety or welfareof the persons employed in the industrial undertaking, and where any means or appliance for securing health or safetyis provided for the use of any such person under the Ordinance, he shall use the means or appliance.

(2) (Repealed 71 of 1989 s. 13)

Regulation: 21A (Repealed L.N. 239 of 1992) 30/06/1997

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Part: IV NOTIFIABLE WORKPLACES* 30/06/1997

(Part IV added L.N. 157 of 1978) __________________________________________________________Note:* (Amended 50 of 1985 s. 9)

Regulation: 22 Application of this Part 30/06/1997

Application

This Part (except regulation 23) shall apply to every notifiable workplace that is an industrial undertaking.(50 of 1985 s. 9)

Regulation: 23 Form of notification and prohibition notice 30/06/1997

Notification

(50 of 1985 s. 9)

Every notification under section 9 of the Ordinance and every prohibition notice under section 9A of theOrdinance shall be in such form as the Commissioner for Labour may from time to time approve by notice in theGazette.

(50 of 1985 s. 9)

Regulation: 24 Fencing of dangerous platforms, liquids, etc. 30/06/1997

Prevention of Accidents

In every notifiable workplace- (50 of 1985 s. 9)

(a) all platforms, pits and openings in floors and every other place liable to be dangerous to persons; and(b) all vessels containing any scalding, corrosive or poisonous liquid,

shall be securely fenced to a height of not less than 900 millimetres or otherwise protected to the satisfaction of theCommissioner. (L.N. 238 of 1984)

Regulation: 25 Cleaning of dangerous machinery by young persons 32 of 2000 09/06/2000

(1) No young person shall be permitted to clean any dangerous part of the machinery in a notifiable workplacewhile the machinery is in motion by the aid of any mechanical power. For the purpose of this paragraph, such parts ofthe machinery shall be presumed to be dangerous as are notified by an occupational safety officer to the proprietor ofthe notifiable workplace. (50 of 1985 s. 9; 32 of 2000 s. 48)

(2) No young person shall be permitted to clean any mill-gearing while such mill-gearing is in motion for the purpose of propelling any part of the machinery in a notifiable workplace.

(L.N. 302 of 1996)

Regulation: 26 (Repealed L.N. 214 of 1981) 30/06/1997



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Regulation: 32 Cleanliness 32 of 2000 09/06/2000

Hygiene

(1) Every notifiable workplace shall be kept in a clean state, and free from effluvia arising from any drain,sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provisions-

(a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floor and benches of workrooms and from the staircases and passages;

(b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it iseffective and suitable, by sweeping or other method; and

(c) all inside walls and partitions, and all ceilings or tops of rooms shall be limewashed at least once inevery year or, if they have been oil-painted or varnished, they shall be washed with hot water and soapat least once in every period of 14 months and repainted or varnished at least once in every period of42 months.

(2) The proprietor of a notifiable workplace shall maintain a record of-(a) the surfaces within the notifiable workplace which have been limewashed in accordance with

paragraph (1)(c); and(b) the painted and varnished surfaces within the notifiable workplace and the parts thereof which have

been washed, or repainted or revarnished, in accordance with paragraph (1)(c); and(c) the name and address of each person who carried out such work and the date or dates on which the

work was carried out.(3) The proprietor of a notifiable workplace shall produce the record maintained under paragraph (2) for

inspection when required to do so by an occupational safety officer. (32 of 2000 s. 48)(50 of 1985 s. 9)

Regulation: 33 Ventilation 30/06/1997

(1) In every notifiable workplace, effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom or, in the case of a mine, in each shaft, the adequate ventilation of theroom or shaft, and for rendering harmless, so far as practicable, all fumes, dust and other impurities that may beinjurious to health generated in the course of any process or work carried on in the notifiable workplace.

(2) Without prejudice to the generality of paragraph (1), in every notifiable workplace in which, in connexionwith any process or work carried on, there is given off any dust or fume or other impurity of such a character and tosuch extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust ofany kind, all practicable steps shall be taken to protect the persons employed against inhalation of the dust or fume orother impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the processmakes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin ofthe dust or fume or other impurity, so as to prevent its entering the air of any workroom. (71 of 1989 s. 13)

(50 of 1985 s. 9)

Regulation: 34 Lighting 30/06/1997

(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether

natural or artificial, in every part of a notifiable workplace in which persons are working or passing.(2) All glazed windows and skylights used for the lighting of workrooms in any notifiable workplace shall, so

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far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction: (71 of 1989 s. 13)Provided that any such window or skylight may be white-washed or shaded for the purpose of mitigating heat or

glare.(50 of 1985 s. 9)

Regulation: 35 Drainage of floors 30/06/1997

(1) Where, in any notifiable workplace, any process or work is carried on which renders the floor liable to bewet to such extent that the moisture is capable of being removed by drainage, effective means shall be provided andmaintained for draining off the moisture. (50 of 1985 s. 9)

(2) Any means for draining which does not comply with the provisions of the Buildings Ordinance (Cap 123)shall be deemed not to be effective for the purpose of this regulation.

Regulation: 36 Overcrowding 30/06/1997

(1) A notifiable workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury tothe health of the persons employed therein.

(2) Without prejudice to the generality of paragraph (1), a notifiable workplace shall be deemed to be soovercrowded as aforesaid, if the number of persons employed at a time in any workroom is such that the amount ofcubic space allowed for every person employed in the room is less than 7 cubic metres. (L.N. 238 of 1984)

(3) In every room in every notifiable workplace a notice shall be posted specifying the number of persons who,having regard to the provisions of this regulation, may be employed in the room.

(50 of 1985 s. 9)

Regulation: 37 Sanitary conveniences, etc. 30/06/1997

(1) Every notifiable workplace shall be provided with sufficient and suitable latrine and washing convenienceson the premises and, where persons of both sexes are or are intended to be employed such conveniences shall afford

proper separate accommodation for persons of each sex. (50 of 1985 s. 9)

(2) Any latrine or washing convenience which does not comply with the provisions of the Buildings Ordinance(Cap 123) shall be deemed not to be sufficient and suitable for the purpose of this regulation.

Regulation: 38 Supply of drinking water 30/06/1997

In every notifiable workplace an adequate supply of drinking water either from a public main or from a sourceapproved in writing by a health officer shall be provided and maintained at suitable points conveniently accessible toall persons employed.

(50 of 1985 s. 9)

Regulation: 39 Repair, maintenance and safety 30/06/1997

(1) All the floors, walls, ceilings, windows and skylights of a notifiable workplace shall be maintained in agood state of repair and free from spalls.

(2) The surface of all the floors of a notifiable workplace shall be rendered and maintained in an even and non-slippery condition and the floors shall be kept free from any obstruction or hazard which might cause a person to falldown or stumble by tripping or otherwise.

(3) In a notifiable workplace all goods and materials shall be stored, stacked or otherwise arranged in such amanner that no danger is caused to any person.

(50 of 1985 s. 9)

Part: V (Repealed L.N. 157 of 1978 ) 30/06/1997

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Part: VI OFFENCES AND PENALTIES 30/06/1997

Regulation: 43 (Repealed 11 of 1980 s. 6) 30/06/1997

Regulation: 44 Penalty for contravention of regulation 16F(2), 20(4) or 21 30/06/1997

Any person who-(a) contravenes any of the provisions of regulation 16F(2), 20(4) or 21, (L.N. 239 of 1992)(b) (Repealed L.N. 214 of 1981)

shall be guilty of an offence and shall be liable to a fine of $10000.(G.N.A. 71 of 1958; L.N. 132 of 1969; L.N. 157 of 1978; L.N. 114 of 1981; L.N. 149 of 1982)

Regulation: 45 Penalty for contravention of regulation 16C(1), 16C(2), 24,25, 33 or 36(1)

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,-(a) (Repealed L.N. 214 of 1981)(b) in which any person is permitted to do anything in contravention of any of the provisions of regulation

16C(1), 16C(2), or 25; or(c) in respect of which any of the provisions of regulation 24, 33 or 36(1) are contravened,

shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 189 of 1967; L.N. 132 of 1969; L.N. 221 of 1973; L.N. 157 of1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; 50 of 1985 s. 9)

(2) A person guilty of an offence under paragraph (1) shall-(a) in respect of a contravention of regulation 24, be liable to a fine of $200000 and to imprisonment for

12 months where the offence was committed without reasonable excuse, and to a fine of $200000 inany other case; (71 of 1989 s. 13)

(b) in respect of a contravention of regulation 25, be liable to a fine of $50000; (L.N. 214 of 1981)(c) in respect of a contravention of regulation 16C(1) or 16C(2), be liable to a fine of $50000;(d) in respect of a contravention of regulation 33 or 36(1), be liable to a fine of $50000. (L.N. 114 of

1981; L.N. 11 of 1994)

Regulation: 46 Penalty for contravention of regulation 16B, 34, 37(1), 38or 39

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,-(a) who contravenes any of the provisions of regulation 16B; or (L.N. 239 of 1992)(b) in respect of which any of the provisions of regulation 34, 37(1), 38 or 39 are contravened,

shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 87 of 1968; L.N. 132 of 1969; L.N. 150 of 1973; L.N. 26 of

1976; L.N. 157 of 1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; L.N. 149 of 1982; 50 of 1985 s. 9; L.N.239 of 1992)(2) A person guilty of an offence under paragraph (1) shall-

(a) (Repealed L.N. 214 of 1981)(b) in respect of a contravention of regulation 16B, 37(1) or 38, be liable to a fine of $10000; and (L.N.

114 of 1981; L.N. 149 of 1982; L.N. 239 of 1992; L.N. 11 of 1994)(c) in respect of a contravention of regulation 34 or 39, be liable to a fine of $50000. (L.N. 11 of 1994)

Regulation: 47 Penalty for contravention of regulation 17, 18, 32, 35(1) or36(3)

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,-

(a) (Repealed 11 of 1980 s. 6)(b) in respect of which any of the provisions of regulation 32, 35(1) or 36(3) are contravened; or

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(c) who, without reasonable excuse, fails to make any report required by regulation 17 or 18, or whomakes such a report which he knows to be false in any material particular,

shall be guilty of an offence. (L.N. 7 of 1975)(2) A person guilty of an offence under paragraph (1) shall-

(a) in respect of a contravention of regulation 32 or 35(1), be liable to a fine of $50000; (L.N. 11 of 1994)(b) in respect of a contravention of regulation 36(3), be liable to a fine of $10000; (L.N. 11 of 1994)(c) in respect of a failure to report or a making of a false report referred to in paragraph (1)(c), be liable to

a fine of $50000. (L.N. 114 of 1981; L.N. 11 of 1994)(G.N.A. 71 of 1958; L.N. 157 of 1978; L.N. 114 of 1981; 50 of 1985 s. 9)

Regulation: 48 Liability of proprietors 30/06/1997

Notwithstanding anything contained in section 13 of the Ordinance, the proprietor of an industrial undertaking inor in respect of which an offence against regulation 20(4) or 21 is committed shall not be guilty of a like offence.

(G.N.A. 71 of 1958)

Schedule: 1 DANGEROUS OCCURRENCES 30/06/1997

[regulation 2](L.N. 132 of 1969)

1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist or other appliance (but not including a builder's lift or towerworking platform to which the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470) applies)used in raising or lowering persons or goods or any part thereof (except the breakage of chain or rope slings), or theoverturning of a crane. (L.N. 548 of 1995)

3. Explosion or fire causing damage to the structure of any room or place in which persons are employed, or to any

machine or plant contained therein and resulting in the complete suspension of ordinary work in such room or place.

4. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire orcausing structural damage thereto, and involving its stoppage or disuse.

5. Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of anygas or gases (including air) or any liquid or solid resulting from the compression of gas.

6. Collapse in whole or part from any cause whatsoever of any roof, wall, floor, structure or foundation forming part of the premises of an industrial undertaking in which persons are employed.

7. Total or partial collapse of any overburden, face, tip or embankment in a quarry. (L.N. 29 of 1969)

8. Overturning of, or collision with any object by, any bulldozer, dumper, excavator, grader, lorry or shovel loader,or any mobile machine used for the handling of any substance in a quarry.

Schedule: 2 30/06/1997

FORM 1 [regulation 16B]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

REGISTER OF PERSONS EMPLOYED TO WORK UNDERGROUNDIN INDUSTRIAL UNDERTAKINGS _______________________________________________________________________

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1. Name of industrial undertaking: ...............................................................................

2. Full name of person employed to work underground:........................................................................................................................................................................

3. Residential address: .......................................................................................................................................

4. Identity Card No.: ........................................................

5. Date of birth: ................................................................

6. Date on which worker first commenced to work underground inthe : ..........................................................................................................................................

(Full face photograph of

worker).

7. Dates of medical examinations undergone by worker in accordance withregulation 16C(3):(a) ............................................................................(b) .............................................................................(c) .............................................................................

___________

FORM 2 [regulation 16C(3)]


MEDICAL EXAMINATION REPORT

Part I. (To be completed in duplicate by the proprietor of the industrial undertaking).

To: .....................................................................................................................(name of medical practitioner by whom examination is to be carried out)

1. I, ..............................................................................................................................(full name of proprietor)

.................................................................................................................................

(residential address of proprietor)

the proprietor of .........................................................................................................(name of industrial undertaking)

situated at .................................................................................................................(address of industrial undertaking)

request you to examine ..............................................................................................(full name of Employee/proposed Employee*)

in accordance with regulation 16C(3) of the Factories and Industrial Undertakings Regulations.2. This Employee/proposed Employee* is/will be* employed to work underground as a ...........

.................................................................................................................................(specify nature of Employee's/proposed Employee's* occupation)

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and first commenced/will commence* such work on ...........................................................................................................

(specify date or proposed date)

Date: .......................................

Signature of proprietor: ..............................................................................................

Part II. (To be completed in duplicate by the Employee or proposed Employee).

A Full Name of Employee/proposed Employee* .......................................................

Date of Birth ..................................................................Residential Address ..........................................................

B. History of Past Illnesses.(a) Is there a history of pulmonary tuberculoses? ...............

If so give details ........................................................

..................................................................................

..................................................................................(b) Is there a history of other chronic respiratory

disease? ..................................................................................

...................................................................................

...................................................................................(Full face

photograph of person examined).

(c) Is there a history of heart disease, diabetes mellitus or any other serious or prolongeddisease? ...........................................................................................................................................................................................................

C. Present Complaints (if any).............................................................................................................................

I declare that to the best of my knowledge the answers given above are accurate.Date: .......................................................

Signature of Employee/proposed Employee*:..........................................................

Part III. (To be completed in duplicate by examining medical practitioner).

A General Nutrition .................................................................................................Weight .......................... kg Height .............................. mmEyes: Visual acuity R. .................... L. ..................... Ears ..................................Cardiovascular System Pulse rate ......................................... B.P. ...............................................................................................................................................................................................................................................................................Abdomen ...........................................................................................................

Hernias ........................................................................................................Genito-urinary System ........................................................................................

Urine ..................... Sp.G .................... Alb. ................. Sugar .....................Skeletal System ..................................................................................................

Upper limbs ..................................................................................................Lower limbs .................................................................................................

Nervous System ................................................................................................................................................................................................................

B. Chest X-ray Examination (date ...........................................)Dr. ..................................................................................................... reports as

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(medical practitioner by whom X-ray examination is made)follows: .............................................................................................................

...............................................................................................................

...............................................................................................................

C. I have examined the above named .......................................................................(full name)

in accordance with this report, and consider that he is fit/unfit* to work underground in an industrialundertaking to which Part IIA of the Factories and Industrial Undertakings Regulations applies.

Date: ........................................................Signature of Examining Medical Practitioner: ........................................................

Name of Examining Medical Practitioner: .............................................................(block capitals)

Address: ..........................................................................................................................................................................................................................

Telephone Number: .............................................................................................

Notes: (a) One copy of this completed form should be sent by the examining medical practitioner under confidentialcover to the senior occupational health officer, Occupational Health Division, Labour Department. Theother copy is to be retained by the examining medical partitioner.

(b) * Delete whichever is inapplicable.(L.N. 248 of 1982; L.N. 238 of 1984)

__________

FORM 3 [regulation 16C(4)]


CERTIFICATE AS TO FITNESS OF EMPLOYEE/PROPOSEDEMPLOYEE*

To: ................................................................................................................................(proprietor of industrial undertaking)

................................................................................................................................(address of industrial undertaking)

I hereby certify that Mr. ...........................................................................................

(full name)

of ..................................................................................................................................(residential address)

has been examined medically in accordance with regulation 16C(3) of the Factories and Industrial UndertakingsRegulations and is fit/unfit* to work underground in an industrial undertaking to which Part IIA of the regulationsapplies.

Date of issue: ..........................................................................................................Signed: ....................................................................................................................

(senior occupational health officer)

Note: * Delete whichever is inapplicable.

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(L.N. 132 of 1969; L.N. 248 of 1982)

Schedule: 3 (Repealed L.N. 239 of 1992) 30/06/1997

CAP_59A_e_b5

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