UNIVERSITY OF HONG KONG LIBRARYebook.lib.hku.hk/HKG/B31926903.pdf · 2. The Legal Tools...
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Transcript of UNIVERSITY OF HONG KONG LIBRARYebook.lib.hku.hk/HKG/B31926903.pdf · 2. The Legal Tools...
UNIVERSITY OF HONG KONGLIBRARY
Hong Kong Collection
Day 2, Wednesday 5 July 1989
8:30 am Breakfast
9:00 am Plenary Session 4Concept of in-plant safetyprogrammeSpeaker: Mr. K.C. Chan, Divisional
Factory Inspector
10:30 am11:00 am
12:30 pm
2:00 pm
6:00 pm
7:30 pm
Tea
Plenary Session 5Duties of employers and employeesunder the industrial safety and healthlegislation in Hong KongSpeaker: Mr. Y. L. Yip,
Chief Factory Inspector
Lunch
Safety Management in ActionVenue: Taipo Industrial Estate
Dinner
Group Discussion
Day 3, Thursday 6 July 1989
8:30 am Breakfast
9:00 am
10:30 am
11:00 am
12:30 pm
2:00 pm
3:30 pm
4:00 pm
5:00 pm
Plenary Session 6Employees' CompensationSpeaker: Ms Stella Y.K. Ng
Ag. Labour OfficerTea
Plenary Session 7Civil liability of employers and em-ployees on safety and healthSpeaker: Mr. W. K. Sung, Solicitor
Johnson, stokes & Master
LunchPlenary Session 8Reporting back ongroup discussion
Tea
Open forum
Closing session
INTRODUCTIONARPLA is the Regional Labour Administration
Centre for Asia and the Pacific of the ILO. It pro-vides technical assistance related to labour adminis-tration, with special emphasis on labour and factoryinspection, conciliation and arbitration, employmentservice and labour market information, and theorganisation of labour, research and management in-formation systems. The first Residential Seminar onSelf-regulatory Approaches in Labour Inspectionwas jointly organised by ARPLA and Labour De-partment of Hong Kong in July 1988. This is thesecond seminar to be held in. Hong Kong for theyear of 1989.
OBJECTIVES OF THE SEMINAR• To focus attention on the need for a self-
regulatory approach to deal with the promo-tion of safety and health at work.
• To provide a forum for a frank exchange ofviews amongst those who are concerned withthe promotion of safety and health at work.
• To explore and define approaches for effec-tive in-plant safety programme movement inindustry.
• To identify the main problems that may arisein the implementation of in-plant safety pro-grammes and discuss possible solutions.
• To highlight the important role that govern-ment, trade associations, labour ^unions andprofessional bodies can play in the promotionof in-plant safety programme.
PARTICIPANT• Members of safety committees• Persons responsible for safely and health at
work in safety organisationsLANGUAGE
Proceedings will be conducted in CantoneseDATE
Tuesday 4 July 1989 to Thursday 6 July 1989VENUE
Postgraduate Hall Complex of The ChineseUniversity of Hong Kong, Shatin. NT.
FEEFree of charge (including meals and accomoda-tion)
CLOSING DATE FOR ENROLMENT7 June 1989 (Final acceptance will be decidedby the organising authority)
ENQUIRIESPlease call Labour Department, Safety ProgrammePromotion Unit at 5-296140, 5-282039
PROGRAMMEDay 1, Tuesday 4 July 1989
9:00 am Registration
10:00 am Opening CeremonyOpening Speech by Mr. MuinuddinKhan, ILO/ARPLA
11:00 am
11:30 am
11:45 am
12:30 pm
2:00 pm
Tea Reception
Introduction to the Seminarby Mr. Y. L. Yip, Chief Factory In-spector
Plenary Session 1Technical paper presentationby Mr. Muinuddin Khan, ILO/ ARPLA
Lunch
Plenary Session 2How Factory Inspector can help in thepromotion of safety and health at workSpeaker: Mr. T. K. Chan, Deputy Chief
Factory Inspector
3:30
4:00
6:00
7:30
pm
pm
pm
Tea
Plenary Session 3Experience in self-regulatory approachin the control of in-plant safetyproblemsSpeaker: Mr. Philip H.K. Leung,
Plant ManagerSonca Products Ltd.
Dinner
Safety Film Show
C0NTENT5
OEJECTIVES OF THE SEMINAB
PBOGRAMME
HOW FACTOBY INSPECTORS CAN HELP IN THE PROMOTIONOF SAFETY AND HEALTH AT WO8K
EXPERIENCE IN. SELF-REGULATORY APPROACH IN THECONTROL OF IN-FLANT SAFETY PROBLEMS
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CONCEPT OF IN-PLANT SAFETY PROGRAMME 25
DUTIES OF EMPLOYERS AND EMPLOYEES UNDER THEINDUSTRIAL SAFETY AND HEALTH LEGISLATION INHONG KONG
45
AN OVERVIEW OF THE EMPLOYEES' COMPENSATIONORDINANCE
54
nRJEHTTVES OF THE SEMINAR
1* To focus attention on the need for a self-regulatory approach
to deal with the promotion of safety and health at work,
2. To provide a forum for a frank exchange of views amongst
those who are concerned with the promotion of safety and
health at work.
3. To explore and define approaches for effective in-plant
safety programme movement in industry.
4. To identify the main , problems that may arise in the
implementation of in-plant safety programmes and discuss
possible solutions.
5. To highlight the important role that government, trade
associations, labour unions and professional bodies can play
in the promotion of in-plant safety programme.
FBCGRAMME
Dav 1 . Tuesday 4 July 1989
9:00 am Registration
10:00 am Opening CeremonyOpening Speech by Mr. Muinuddin Khan, ILO/AFPLA
11:00 am Tea Beception
11:30 am Introduction to the Seminar by Mr. Y.L. Yip,Chief Factory Inspector
11:45 am Plenary Session 1Technical paper presentation by Mr. MuinuddinKhan, ILO/ARPLA
12:30 pm Lunch
2:00 pro ffX^flfiry Sess^cri 2How Factory Inspector can help in the promotion ofsafety and health at workSpeaker: Mr. T.K. Chan,
Deputy Chief Factory Inspector
3:30 pm Tea
4:00 pm Plenary Session 3Experience in self-regulatory approach in thecontrol of in-plant safety problemsSpeaker: Mr. Philip H.K. Leung
Plant ManagerSonca Products Ltd.
6:00 pm Dinner
7:30 pm Safety Film Show
Dav 2. Wkrineadav 5 July 1989
8:30 am Breakfast
9:00 ain Plenary Session 4Concept of in-plant safety programmeSpeaker: Mr. K,C, Chan,
Divisional Factory Inspector
10:30 am Tea
11:00 am ?3,Qflary S^gsion 5Duties of employers and employees under theindustrial safety and health legislation in HongKongSpeaker: Mr. Y.L, Yip,
Chief Factory Inspector
12:30 pm Lunch
2:00 pro Safety Management in ActionVenue: Taipo Industrial Estate
(a) Carlsberg Brewery (H.K.) Ltd.(b) Chen Hsong Machinery Co. Ltd.(c) M.C. Packaging (HK) Ltd.
6:00 pm Dinner
7:30 pm Group Disa^ssion
Day 3. Thursday 6 July 1989
8:30 am Breakfast
9:00 am Plenary Session 6An overview of the Employees' CompensationOrdinanceSpeaker: Ms Stella Y.K. Ng
Labour Officer
10:30 am Tea
11:00 am Plenary Session 7Civil liability of employers and employees onsafety and healthSpeaker: Mr, W.K. Sung, Solicitor
Johnson, Stokes & Master
12:30 prrj Lunch
2:00 pro Plenary Session 8
Reporting back on group discussion
3:30 pm Tea
4:00 pm Open forum
5:00 pm Closing session
5
HfiW FACTORY INSPECTORS CAN HELP.
HEALTH AT WORK
Mr. CHAN Tat^kinfi. Deratv Chief Factory Inspector
1. Joint Responsibility
It is a known fact that industrial accidentsare costly, and they have got to be reduced if totalelimination is difficult. People here are beginning torealize that to fight against these accidents the consortedefforts of all concerned are required. Indeed, prevention*of industrial accidents is a tripartite affair requiring theactive participation of industrialists, workers, and thegovernment. It has been accepted internationally that. theprimary responsibility for doing something about the levelsof occupational accidents and diseases lies with those whocreate the risks and those who work with them. It istherefore clear that both employers and their employeesshould have legal as well as moral obligations to make theirworkplace safe to everyone who works in it. The role of thegovernment in the scene is both regulatory and advisory. Itcomes in with guiding principles and lays down throughlegislations the minimum standards of safety and health thatought to be acquired to maintain a safe place of work.Factory inspectors are the people charged with the duty ofenforcing these safety legislations relating to theoperation of factories and industrial tjmdertaking.
2. The Legal Tools
Requirements for safety and health of industrialworkers are prescribed under the Factories and IndustrialUndertakings Ordinance and its subsidiary regulations. TheOrdinance confers on the Commissioner for Labour the powerto legislate for industrial safety and health and providesthe power for factory inspectors to inspect industrialestablishments and to prosecute for breach of law. It puts
legal obligations on both employers and employees to complywith statutory requirements so prescribed. The subsidiaryregulations deal with reporting of industrial accidents andgeneral safety and health requirements such as precautionsagainst outbreak and spread of fire, machinery hasards,electrical hazards, and use of chemicals, etc. Some ofthese regulations provide detailed requirements designed toensure safety and health in particular industries, such asthe Construction Sites (Safety) Regulations which appliesto construction work. Op to date, a total of 25 sets ofsubsidiary regulations have been enacted (see Appendix I).
3. The Factory Inspectorate as a Government ffiiforoemeryb Agency
.3.1 Per^^gion Not Persecution
The Factory Inspectorate is basically a lawenforcement body within the Labour Department and isresponsible for enforcing these laws with the objectiveof promoting safety and health at work. While strictenforcement is not the most effective way in securingcompliance, factory inspectors actually help inpromoting industrial safety and health by means ofeducation, advice, persuasion and, as a last resort,law enforcement. In factory and site inspections, afactory inspector normally advises the factory or sitemanagement on all breaches of law and other unsafepractices observed and discusses with them thenecessary remedial measures to be adopted. Legal
. action is only resorted to in cases which are likely tocause risks of serious injury or where the managementshows total disregard for the law. In extreme cases,an inspector may apply to the Magistrate's Court for anorder to stop dangerous practices or machines which maycause imminent risk of serious bodily injury to workersin a workplace.
3.2 Enforcement ThrQUffh InspectiQn&
The Factory Inspectorate with its presentstrength of about 200 officers, endeavours to provideservices, by way of inspection, etc. to about 90,000factories and 3,700 construction sites to see that theycomply with the law. This is obviously an impossibletask for the present sise of the Factory Inspectorate.Nevertheless, while strict enforcement of safety andhealth legislation is indispensable in the protectionof workpeople in industry, it can be realised that no
society can afford an inspectorate large enough topolice all workplaces and supervise each and everyworker all the time. In order to ensure bestutilization of manpower, the inspectorate is using asystem whereby priority and frequency of inspection ofan establishment can be rated. The rating is mainlybased on the hasaxd nature of the industry or tradeinvolved, the size of workforce, complexity of plant,safety performance, accident and prosecution records.As a result, frequent inspections will be made toworkplaces which are gravely in need of attentioneither because of high hazard potential, poor workingenvironment, high accident rate or being a blatantoffender of the law, or a combination of them. On theother hand, low-rated workplaces which are generallysafer to work In will be inspected much lessfrequently, so that the inspectorate may redeploy itsresources to the most needy areas. Apart from thenormal routine inspections, programmed enforcementcampaigns are also organised for better impacts inpromoting safety and health at work. These specialtarget-hitting campaigns are launched basically totackle specific problems arising from changes ofcircumstances, say, in accident patterns or publicconcerns, etc. For instance, a sudden surge in seriousmachinery accidents has prompted a 3-month MachinerySafety Campaign, and the dry spell in last winter wasmet with a fire safety campaign. Bight now, anintensive enforcement campaign on construction safetyon top of normal site visits is still in progress witha view to reducing the alarming accident figure of27,125 in 1988 which represents a 14% increase a©corripared with the figure of 23,846 in 1987,
3,3 Remedial ftctipn Through Accident Inv^Rtigatioy;
The Inspectorate spends a lot of time and effortin conducting investigation of industrial accidents.The main purpose is to help factory or site managementto find out the causes of these accidents and torecommend to them relevant precautionary measures forprevention of recurrence of similar accidents.Experience shows that, after the accixdent, such arecommendation is more readily acceptable and carriedout by the management and, likewise, the employees aremore susceptible to safety advices. As a - practice,evidence will be collected during the investigation to
facilitate law enforcement. While accident causes onceidentified will help to rectify what has gone wrong,accident figures and statistical breakdowns on accidentcausations are also useful in formulating workingdirectives and target-setting for future work.
4. Wider Activities of th<3 Factory p e c r
4.1 Industrial Safety Training Centre
The Factory Inspectorate recognises that one ofthe prerequisites of accident prevention is the safetyconsciousness on the part of all-people working in thefactpry or site and safety consciousness cannot beinculcated by sheer legislation. It is thus importantto make industrial employers and employees realisethis if we were to make any successful attempt intackling the problem of accident prevention in aconstructive way. In this connection, theInspectorate's Industrial Safety Training Centre, apartfrom its primary purpose of training new inspectors,helps the public to promote industrial safety andhealth by providing free safety training courses,publicity and advices. In 1988, the Centre offered 423safety courses (see Appendix II) for 11,722 persons.In addition, safety officers and safety supervisorcourses are organised together with Hong KongPolytechnic and. the Construction Industry TrainingAuthority.
4.2 PiXbllcity ayid Campaigns
To arouse the safety interest of the industrialworkforce, the Centre also provides a permanentexhibition of safety appliances and devices, personalprotective equipment, and models depicting safe workingpractices in construction sites. Furthermore, theInspectorate also issues safety posters % booklets andillustrative leaflets regularly. As far as poster isconcerned., there are up to now no less than 48different types of industrial safety postersdistributed to • factories and construction sites fordisplay. In an effort to help induce greater safetyconsciousness among workers and employers, theInspectorate from time to time stages exhibitions andalso launches large scale industrial safety campaigns
utilising popular means of publicity which includetelevision, radio, the press and advertisments. Inthis connection short promotional films depictingsafety and health of either a general nature or aspecific topic of current public interest are producedfor TV screening. These vedios are also used inconnection with safety talks or training courses.
4.3 In-plant Safety Programme
The Inspectorate understands that full co-operation and coramitment between employers andemployees are essential if standards of safety andhealth at work are to be iuDcproved. With this in mind,a Safety Programme Promotion Unit is formed in theCentre to help and encourage the management to set upin their organisations safety committees involving boththe management and the employees. Advice and assistanceare given by the Unit to help establishing bipartitesafety committees, developing safety policies,formulating safe system of work, identifying needs insafety training, and implementing voluntary activitiesto promote . safety and health at work. During 1988,staff of the unit conducted 317 visits to factories andconstruction companies to promote co-operation andcommitment of employers and employees in safety andhealth programmes. Advice was given to members of 82in-plant safety committees on the effective developmentand operation of such programmes. The unit also heldmeetings with employers associations to discuss mattersrelated to the voluntary safety movement in industries,
4.4 Committee Work to Accelerate Voluntary Safetv Movement.
With the aim of cultivating the right attitude ofmind towards safe working practices in both theemployers and employees, the Inspectorate throughoutthe years provides assistance and advices to the sixindustry-based safety sub-committees of the IndustrialSafety and Health Committee, a tripartite bodyconsisting of representatives from employers' aridemployees* associations, academic and professionalinstitutes and the Labour Department, These, safetysubcommittees had taken a wide range of promotionalactivities. Apart from this, the Inspectorate alsoserves as members and secretaries together with relatedsupporting services to two bipartite safety committees,namely the Central Container Handling Safety Committeeand Shipbuilding & Shiprepairing Industry SafetyCommittee.
10
5. The wav ahead
To sum up,the Factory Inspectorate is adopting athree-prong approach to fulfil its objective of preventingaccidents at work - firsi» to enact .and enforce safety andhealth legislation to ensure that minimum safety and healthstandards are maintained in all industrial establishments;second, to take a lead, in providing suitable safety trainingfor industrial employees as well as students who might joinindustry later on; and third, to promote safety awarenessand to spread the safety message to the public throughpublicity programmes in as many different ways as possible.While it can never be proved how many accidents areprevented by the observance of statutory requirements or bythe voluntary development of what legislation can rarelygenerate, that is, the right attitude of mind, there is nolack of instances, when viewed in retrospect after atragedy, that a little forward planning 'and spending inadopting safety precautions is but a small price to avoidthe human suffering and financial loss incurred. I ampleased to see that there is a growing number of peopleappreciating this fact through the iunyielding efforts of theFactory Inspectorate and those who contribute towards thetripartite safety movement. With this frame of mind in thecommunity it is hoped that a progressive reduction ofindustrial accident rate would be achieved in the not toodistant future.
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Append:
1.
2.
3-
k.
5.6.
7.8.
9.10.
11.
12.
13.
l i t .
15-16.
17.
18.
19.
20.
21.
22.
23-2k.
25.
26.
Factories and Industrial Undertakings Ordinance/kegulations ana Subsidiary Regulations
Factories and Industrial Undertakings OrdinanceChapter 59
Jacto'ries and Industrial Undertakings Kegulations
1" 1. ICJ (flotificaticn of Occupational Diseases)Regulations
F & IU (First Aid in Notifiable Workplaces)Regulations
Quarries (Safety) Regulations
F & IU (Blasting by Abrasives) Special Regulations
F & IU (Woodworking Machinery) Kegulations
F & IU (Electrolytic Chromium Process) Regulations
F ?< IU (Confined Spaces) Regulations
Construction Sites (Safety) Regulations
F & IU (Lifting Appliances and Lifting Gear)Regulations . •. .., ,-
F & IU .(Abrasive Wheels) Regulations
F &~ JU .(Worlc in Compressed Air) Kegulations
F & IU .(Spraying of. KLammable Liquids) Regulations
F & IU .(Goods Lifts) Regulations
F & .IU (Dry .batteries) Regulations
F & .IU .(Guarding and Operation of Machinery)Regulations
F & IU (Cartridge-operated Fixing Tools)Regulations • • .
F &'IU (Protection-of-Eyes) Regulations
F &IU (Cargo Handling) Regulations
F & IU (Fire Precautions in Notifiable Workplaces)Regulations
F & IU (Electricity) Regulations
F & IU^(Asbestos) Special Regulations
F & IU (Safety Officers and Safety Supervisors)Regulations
F & IU (Caroinogenic Substances) Regulations
F & IU (Dangerous Substances) Regulations
Legislationmade on
28.9.55
• :28:J9.55
3.3.65
29.7.68
10.2.69 '
10.2.69
29.3.71
3.2.72
18.4.73
23.7.73Revoked andre-enactedon 7.7.78
30.11.73
1^.3-75
29.11.75
29.1.76
3.5.7626.7.76
26.7.76
8.3.77
^.5.777.7.7817.6.81
8.1.82
5.2.86
29.10.86
12.11.86
15.6.88
12
Appendix
Industrial Safety Training CentreIndustrial Safety Training Courses
1. Basic Industrial Accident Prevention Course
2. Construction Safety Course
3» Construction Safety Awareness Course
k* Safety in the Use of Abrasive Wheels Course
5# Manual Lifting and Handling Course
6« Electrical Safety Course
?• Work in Confined Spaces Course
8. Safe Use of Power Press Course
9. Slinging Safety Course.
10. Machinery Safety Course
11. Safety in Plastic Industry Course
12. Safe Use of Woodworking Machinery Course
13• Hearing Conservation Course
1*f« Introduction to Occupational Health and Chemical Hazard
15• Accident Investigation
16. Hazards in the Use of Asbestos and Its Control
17. Dust Hazards and Control in Construction and Quarry Industry
18. Hazards and Safety Control in Electronic Industry
19• Safety in Work in Compressed Air
20. Safety Course for Caisson V/ork
21. Safety Supervisor Course
22. Introduction to Labelling and Safe Handling of Chemicals
23• Fire Prevention and Precautions Course
2*f. Construction Safety Course for Engineers
25* Introduction to Safety Programme and Safety Promotion Course
26* Introduction to Construction Work Related Safety Regulation Course
27• Introduction of. Industrial Health Related b<:.fety Regulation Course
28. Hazards and Safety Control in Textile Industry Course
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I.
CONTROL, np TN-Pf.ANT SAFETY PROBLEMS
Mr. H. R. LRI1MB, A.P.fH.K.). C. Eng, . MI
"PLANT MANAGER, SONCA PRODUCTS LTD.
The purpose of this paper is to give you a brief account ofthe experience of a typical manufacturer in adopting a self-regulatory approach in the control of in-plant safetyproblems. It covers the following topics :
1. Comgany policy on safety, health and environmentalaffairs,
2. The development and operation of the in-plant safetycommittee.
3. The safety systems and safety programs.
4. The "benefit obtained through the self-regulatoryapproach in accident prevention.
II. The Industrial Accidents
Accidents are attributed to human errors, to environmentalconditions, and/or to combinations of the two. Preventionand control of accidents must be directed primarily towardfavorable development and modification of human behavior onone hand and effective design and adjustment of theenvironment on the other.
Hazards, and potential• hazards, are the conditions allowingvarious degrees of chance, risk or danger to prevail duringthe circumstances relevant to accidents. Therefore!effective identification and control of hazards is essentialif accidents are to be prevented or controlled.
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There is an irreducible minimum of hazards which eithercannot be removed or which are a part of the human spiritfor adventure. The goal of the safety movement is one ofassisting individuals with the development of competenciesfor dealing effectively with the "irreducible minimumhazards1'.
III. Accident Costs
We strongly believe that safety should be practised forhumanitarian reasons regardless of other considerations. Itshould be recognised, however, that there are other benefitsaside from the prevention of human suffering and hardshipwhich results from practising safety. Safety measures alsoresult in cost savings, and this of course must berecognized as an important consideration.
The amount saved by practising safety will vary from companyto company, and •cannot be accurately determined unlessdetailed studies are made. Referring to industry ingeneral, however, it has been stated that the dollars spentare actually producing a clear profit of several hundredpercent.
Safety costs are basically divided into insured anduninsured costs as follows :
Insured Costs
Employees Compensation
Outside Medical Expenses
Uninsured Costs
Time lost by injured employee,- other employees, andsupervisors
Decreased output of replacement worker during trainingand possibly of injured employee for a time after theyreturn to work
Overtime pay
Equipment damage
Material damage and product loss
Company medical expenses
Cost of insurance plans
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In addition to the above tangible costs, there are otherintangible costs such as :
Lover employee morale
Higher turnover and absenteeism
Unsatisfactory customer relations
Unsatisfactory public relations
IV, Safety Policies
In order to give our Safety Program direction and purpose,the following ten (10) points Basic Safety Policy for theConipany has been established.
The safety and health of all Sonca employees is of primaryconcern. Therefore, it is expected that each Depai^^ntwill make every practical effort to prevent injury to itsemployees and that all policies, programs and proceduresshall be based on that premise.
The following safety concepts are the fundamentals of theCompany's Safety Policy and, as such, shall be made a partof the accident prevention program,
1 • Safety shall be an integral part and a primary concernthroughout all phases of planning and operating ourfacilities.
2. It shall be the responsibility of management to makesure that all employees understand the nature of theequipment/process and any hazards associated with theiruse; that the necessary precautions are used includingthe use of proper safeguards and means of personalprotection.
3. Continuous education shall be stressed to assure thateach employee knows the safe way to perform his/herjob, and that everyone does his/her part in protectinghimself/herself and his/her co-workers from injury,
4. A continuous program of inspection and investigation to.detect and eliminate unsafe practices and conditionsshall be maintained.
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5. Mechanical and physical safeguards in keeping with thebest industrial practices shall be provided.
6. It shall be the duty of every supervisor to carry onthe operations under his/her jurisdiction in such amanner as to afford adequate protection for alleirjployees. He/She shall be considered responsible forthe correction of lansafe conditions, unsafe px-acticesand the continued maintenance of good housekeeping.
7. To assure employee's participation in our accidentprevention programs, active Safety Committeesconsisting of both hourly and management personnelshall be utilised.
8. Casues of all injuries and potentially hazardousoccurences shall be promptly and thoroughlyinvestigated and corrective action taken to preventrecurrence,
9. Infractions of safety rules and regulations shall behandled in accordance with our established disciplinaryaction procedures.
10. The accident prevention program shall include effortsto promote the safety of employees and their familieswhile "off-the job11. •
V. Safety Committees
The Company sets up safety committees to administeractivities related to safety, health and environmentalaffairs.
The Industrial Safety & Health (Policy) Committee is thesafety management vehicle to establish safety policies,programs, standards and monitoring systems. Composition ofthe Committee is appointed by the Managing Director.Members include senior staff of general management,production, engineering, plant services and labourrelations. The committee holds regular meeting to discusssafety issues.
On the next level Department Safety Committees are formed atproduction, engineering and plant services branchorganisational level. A committee is composed of 10 to 20members of which 30% is salaried staff .and 70% hourly rateemployees as nominated by individual shop/departmentmanagement and approved by senior manager concerned. The•functions.of these committees are :
17
- To assist communicating to employees in the organizationany new safety program established.
- To uncover any new hazard, discuss and report to theIndustrial Safety & Health Committee.
- To discuss any accident experience relevant to theorganisation.
- To discuss any special topic of job-related work safety.
The committees hold regular meeting to discuss safety issues.
Lastly, safety co-ordinators are appointed by the IndustrialSafety & Health Committee to assist in carrying out thesafety programs on a departmental level.
VI, ffafety Systems
The Coinpany has prepared a manual on industrial safety,health and environmental affairs which serves to documentand communicate policies, procedures, systems and standardsnecessary to implement effective safety, health andenvironmental affairs. As mentioned in above section, theCompany has set up safety committees, employs a safetyofficer and appoints safety coordinators to administeractivities related to safety,
I have summarised below, list of items the Coinpany hasconsidered in areas of safety training, safety control andsafety standards which I cannot go into details due tolimited time in this seminar. However, I hope this wouldgenerate some ideas for you to develop a system tailored toyour needs.
Safety Training
New employee safety trainingAccident prevention trainingJob safety analysisHazardous Material safety data sheetsSafety training observation programSafety lawsSafety rules(See Attachment 1 for safety training program)
13
Safety Control System
- Safety inspection- Operational Pre-start-up safety review- Fre-occupational environmental safety review- Safety audit (See Attachment 2 for safety audit process)- Accident/incident reporting- Accident/incident investigation
Safety Standards
- Management performance standards- Disaster control plan- Plant emergency procedures- Fire prevention and protection- Open flame- Control of, use of ignition sources in restricted areas- Plant smoking regulations- Electrical criteria for equipment- Electrical safety- Electrical hot work- Zero energy, electrical and mechanical- Hazardous work permit- Personal protective equipment requirements- Portable electrical tools/appliances inspection- Fire installations and extinguishers inspection/test- Temporary electrical wiring
Safety Recognition and Award
- Safety suggestion award scheme- Safety performance recognition scheme
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VII. Safety Prt;r)grains
A typical annual safety and health program is given below :
Activity
1. Industrial Safety & Health (Policy)Committee Meeting
2. Departmental Safety Meeting
3. New Employee Safety Training (NEST)
4. Safety Film Show
5. Safety Audit
6. Management Safety Audit
7. Safety Suggestion Award Program
3. Job Safety Analysis (JSA) Review with Employee
9. First Aid Training
10. Fire Fighting System Inspection and Testing
11. Fire Fighting Equipment Trainijig
12. Fire Drill
13. Safety Fai Chun Campaign
14. Safety Campaign (e.g. Slogan Contest,Safety Quiz/Game Contest)
15. Pre-start up Safety Review
Quarterly
Quarterly
Monthly
Monthly
Bi-weekly
Semi-annual !y
On-going
Semi-annual ly
Semi-annually
Monthly
Semi-annual ly
Twice ayear
Once ayearbeforeChineseNew Year
Twice ayear
On-going
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16. Accident Investigation and Review
17. Department Safety Meeting/Seminar (ad-hoc)
18. Compilation of Safety Perfoiroan.ee and Statistics
19. Measurement of Toluene Concentration inEnamelling Shop
20. Record of Industrial Accident
21. Statistics of Industrial Accident
Wheneverthere isaccident
Ad-hoc
Monthly
Monthly
Monthly
Monthly
VIII. Benefits
Although administering a safety systems must incurredexpenditures, you can save enough money by reducingaccidents to more than compensate for these investments.In section III, I have stated the accident costs, on theother hand we have the benefits by not having an accident.Attachment 3 shows the safety performance of the Companyfrom year 1979 through 1988 which indicates theeffectiveness of the safety system.
Lastly, I like to emphasise a key point, "It is not the systemthat fails us, we are the one who fails the system". We need agood system, however it should be properly administered.
21
Attachment 1
SONCA PRODUCTS LTD.
INDUSTRIAL SAFETY TRAINING PROGRAM
OPERATIVES/APPRENTICES
PRODUCTIONFOREMEN
SUPERVISORS/ENGG. STAFF
1 . GENERAL SAFETY BOOKLET(BY ER)
2 . NEST COURSE - New JSmployee S a f e t y T r a i n i n g(BY ER/SUPERVISOR)
3 . GENERAL SAFETY FILMS(BY ER)
4. JOB SAFETY INDOCTRINATION(BY SUPERVISOR)
5 . SAFETY REGULATIONS(BY SUPERVISOR)
6 . SAFETY POSTERS/BULLETINS(BY ER)
'.- IK-HOUSE SAFETY SEMINAR(BY SAFETY OFF ICER/MANAGEMENT)
£ . FIRE DRILLS(BY ER*
FCREMENSUPERVISORSPRODUCTION/ENGG. STAFF
9 . ACCIDENT.PREVENTION COURSE(BY LABOUR DEPT,)
1 0 . STOP COURSE S a f e t y T r a i n i n g(BY SAFETY OFFICER) "
ObservationProgram
1 1 . FIRST AID TRAINING COURSE(BY ST. JOHN AMB. AS'S. )
1 2 . SAFETY MANAGEMENT SEMINAR(BY OUTSIDE PARTIES)
Note t ER Stands for Employee Relations Dept.
Attachment 2SONCA PRODUCTS LTD.
WEEKLY INDUSTRIAL SAFETY AUDIT PROCESS
BY ROTATION OF
7 SAFETY COMMITTEE MEMBERS AND 4 SAFETY CO-ORDINATORS
TO: PRODUCTION TO: SAFETY TO: COMM.CHAIRMAN/ BY: SAFETY COMM.SUPERVISOR CO-ORDINATOR VIC./SEC. THRU DEP'TAL SUB-COMM.CONCERNED . CONCERNED MGR. CONCERNED
HAZARDABATEMENT
NOTICE
TO: MEMBERS& CO-ORDINATORS
SAFETYAUDIT.REPORT
ABATEMENTCOMPLETIONREPORT
BY: COMM,SECRETARY
ABATEMENTMONITOR
VERIFIEDCOMPLETIONREPORT
QUARTERLYEXPERIENCEREVIEW
Attachment 3SONCA PRODUCTS LTD.
RECORDABLE INJURY INCIDENCE RATE
1979 1980
(0.17)
1981 1982 1983 1984 1985 1986 1987 1988
Note t Recordable Injury Incidence Rate « **°- of Case(s) X 200f000Total Employee Hours
CONCEPT OF IN-PLANT SAFETY FBOSRAMME
EX
Mr. CHAN King-chuen. Divisional Factory Inspecter
The concept of in-plant safety programme is based onthe approach of self-regulation to deal with the promotion ofsafety and health at work. Just as the well-managed companyestablishes systems or practices to provide quality control andmaximum productivity, it will also establish and maintain systemsto prevent hazards and to react quickly to correct hazards whenthey occur.
Management of a company has the best knowledge of thespecial problems of the business, and employees have the bestknowledge on what is happening in the workplace. These two veryimportant resources give the company the best opportunity ofmaintaining a safe place of work. Therefore, self-regulationneeds to involve more people, including management and employeesto consult and inform, to participate in safety programme, todiscuss important safety and health matters. In many cases,employees know more than any other about the dangers they areworking with, arid are in much better position in recommendingmeasures to avoid them. Therefore, they must be consulted aswell. It does not mean that the employees should take over theemployer's role for safety and health in the workplace, but theyshould be encouraged to co-operate in helping the employer tomeet his duty under the various safety and health regulations,
An in-plant safety programme is effective if it isstructured appropriately for the size and operation of thecompany. It contains five basic elements - safety committee,safety policy, safe system of work, safety training andpromotional activities.
SAFETY CQMMIlTKE;
1.
If standards of safety and health at work are tobe improved, full co-operation and commitment of alleiqployees are absolutely essential. All employees must beable to participate fully in the making and monitoring ofarrangements for safety and health at their place of work inorder to arouse their interest in accepting their full shareof responsibility. The appointment of safety committees isone of the methods of increasing the involvement andcommitment of employees.
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2. Objective^ «ryj -ft motions
Safety Committees have the function of keepingunder review the measures taken to ensure the safety andhealth at work of the employees. In carrying out thisfunction safety committees ought to consider the drawing upof agreed objectives or terms of reference. An objectiveshould be the promotion of co-operation between employers.and employees in instigating, developing and carrying outmeasures to ensure the safety and health at work of theemployees•
Within the agreed basic objectives certainspecific functions are lively to become defined. Thesemight include :
(a) Monitoring the safety policy - whetherit is adequate and how well it is beingimplemented;
(b) The study of accident statistics andtrends, so that reports can be made tomanagement on tmsafe and unhealthyconditions and practices, together withrecommendations for corrective action;
(c) Examination of safety audit reports;
(d) Consideration of reports provided, byFactory Inspectors;
(e) Consideration of reports which committeemembers may wish to submit;
(f) Assistance in the development of workssafety rules and safe systems of work;
(g) A watch on the effectiveness of thesafety content of employee training;
(h) A watch on the adequacy of safety andhealth communication and publicity inthe workplaces;
(i) Organising safety promotionalactivities such as safety competitions,exhibitions, film shows and safetysuggestions; and
(j) The provision of a link with theFactory Inspectorate Division.
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In certain instances safety committees may consider ituseful to carry out inspections by the committee itself. Thiswill help the members to assess the effectiveness of the safesystem of work, and also the adequacy of the safety trainingwhich is being given to employees. Bat it is management'sresponsibility to take executive action and to have adequatearrangements for regular and effective checking of safety andhealth precautions and for ensuring that the declared safetypolicy is being fulfilled. The work of the Safety Committeeshould supplement these arrangements; it cannot be a substitutefor them.
3- Composition
(a) Membership
The membership and structure of safety committeesshould be settled .in consultation between managementand the workforce. The aim should be to keep the totalsize as reasonably comopact as possible and compatiblewith the adequate representation of the interests ofmanagement and all the employees.
The management membership of the committee shouldcome from as many level as practicable, with seniormanagement well represented, and a careful mix of lineand functional management. Management representationshould be aimed at ensuring :
(i) adequate authority to give properconsideration to views and recommendations;
Cii) the necessary knowledge and expertise toprovide accurate information to the committeeon company policy, production needs and ontechnical matters in relation to premises,processes, plant, machinery and equipment.
Supervisors are key men in regard to safety as wellas production, and their active co-operation aretherefore essential. It is most important that thesupervisors are kept continuously in touch with thesafety committees' work, The supervisory level shouldalso be represented in the safety committees.
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(b) Chairman
The success of a safety committee is governed bythe commitment and the support given to it by themanagement. This is best expressed by the appointmentof a senior management representative as chairman. Thedirector whose name appears on the safety policydocument would be most appropriate.
The chairmanship must not be an empty-title - thechairman should regard it as one of his priorityengagements to attend committee meetings, thusdemonstrating management's real and practical interestin accident prevention. A deputy chairman should beappointed to take over when the chairman f indc itirocpossible to attend a meeting.
(c) Secretary/Safety adviser
The position of the safety adviser in relation tothe committee is a special one. His participation isextremely valuable by virtue of his expertise. At thesame time his job demands impartiality, so his advicewill be available equally to management and employeeson the committee.
It will be to the greatest advantage to thecommittee to have the safety adviser as its permanentsecretary. A second responsible person should act astninute-taker so that the safety adviser is free toparticipate in discussions and give advice and• information where needed. The chairman should arrangefor secretarial services for the committee.
It will be the safety adviser's duty as committeesecretary to see that the committee's resolutions arepat into effect or otherwise properly dealt with andthe person instructed to take action makes a report atthe next meeting. As secretary, he should always seethat a detailed agenda is prepared. It will helptowards efficiency of the meetings if he makes time togo over the agenda with the chairman beforehand so thatthe latter has the background information on each item.
4.
It is impossible to lay down any hard and fastrules for the ratio of management .and employeerepresentatives. A balance must be held between thenecessities of wide representation and of keeping thecommittee withjun reasonable limits of size.
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If the work unit is very large, it may be founddesirable to divide it into sections and to fonn a committeein each; adequate representation may otherwise beunobtainable without making the main committee too large.Where it is necessary to have a number of sectioncommittees, a co-ordinating committee should be formed witha senior manager as chairman, and each section committeerepresented by at least one member.
5, Lcnfffrfr. of service of membership
Usually there is only a limited number ofmanagement people for the committee, so the question ofrestricting their length of service does not arise. Batthere are advantages in periodically changing the employeemembership of the committee because :
(a) it allows the greatest possible number ofemployees to take an active part in thesafety effort;
(b) it provides the committee with a constantinflux of different viewpoints and new ideas;and
(c) it provides a challenge to existing membersand prevents them, and the committee, frombecoming stale and preoccupied with routinework,
The length of service will have to be suitable, forthe circumstances, but normally a two-year period * ofservice is satisfactory* A shorter time may not allow theindividual to make the best use of his capacilities on thecommittee's behalf. It takes time for people to settledown and gain confidence and begin to make constructivecontributions.
When the system of retiring members at fixedintervals is used it is better for the committee if. theretirement are staggered so that there is no sudden loss ofexperienced members to disrupt long-term work, if one-third of the employees' members retire each year,continuity can be maintained and at the same time thecommittee has a continual influx of new members withpossibly new approaches to problems.
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6. Proceedings
(a) Style of meetings
The surest way to a safety committee graduallybecoming ineffectual is for the meetings to beinformal get-togethers with no fixed agenda but aworthy intention to discuss safety in general.Inevitably the discussions will be haphazard, time willbe wasted on matters which are irrelevant or trivial,and meetings will rarely result in positive decisions,
Meetings must be planned beforehand, with thematters to be discussed listed on an agenda which issent to all committee members so that they come to themeeting prepared to make their contribution.
A certain amount of formality is essential touphold the authority of the chair, to keep discussionsto the point, and to emphasise the importance of themeeting and the fact that decisions are to be made.Formality must not, however, go so far as to result inaxi atmosphere of constraint, and the creation of theright atmosphere depends very largely on thepersonality and the skill of the chairman.
The chairman should keep a watchful eye on theseating and see that management and workpeople mix anddo not form two separate blocs, which can only help tofoster the "them and us" attitude which is sodeplorable. The chairman should be quite firm aboutthis right from the beginning, if necessary to theextent of having place names set on the table beforeanyone enters the room,
(b) Frequency of meetings
The frequency of meetings will depend on the workwhich the committee has to do, and this in turn dependson the circumstances of the individual establishment,the size of the workforce, the kind of work and thedegree of risk inherent.
Monthly meetings are usually found satisfactory,If sub-committees are formed for particular tasks, itwill normally be necessary for them to meet more oftenbecause their aim is to produce a specified resultwithin a time limit.
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Meetings should only be cancelled or postponed invery exceptional circumstances. Where postponement isabsolutely unavoidable an agreed date for the nextmeeting should be made and announced as soon aspossible. Members should send an apology if they aregoing to be absent, and the secretary should keep arecord of the attendances.
The safety committee's programme should bearranged well in advance, and notices of the dates ofmeetings published where all employees can see them.
It may be necessary to draw up additional Dalesfor the conduct of meetings, which could include setprocedures by which the committee reaches decisions,
(c) The minutes
The proceedings must be recorded in minutes takenat the meeting because this forms the only authenticrecord. The most useful parpose of safety committeeminutes is to provide a progress report on decisionsmade, recommendations put forward and action taken.
The minutes must identify against each item on theagenda the person who has been instructed to takeaction. When the minutes are sent out this serves as areminder to the committee member concerned of his ta&ks,and a confirmation to all members that their decisionsare beijog followed up.
Copies of minutes should of course be sent to eachcommittee member; and also to the most senior executiveresponsible for safety and health. Arrangements shouldbe made to ensure that the Board of Directors is keptinformed about the safety committee's activities.
7, An effffiqtive safety committee
An essential condition for the effective workingof a safety committee is good communications betweenmanagement and the committee and between the committee andthe employees; In addition, there must-be a genuine desireon the part of management to tap the knowledge .andexperience of its employees and an equally genuine desire onthe part of the employees to improve the standards of safetyand health at the workplace.
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The effectiveness of a safety committee depends onthe results it achieves, and this in turn depends on actionbeing taken by. management to implement the committee'srecommendations. Whereas the committee itself is anadvisory body, its management members have executive powerto translate the committee's decisions into action,
The following activities could assist inmaintaining the impetus of a committee's work :
(a) regialar meetings with effective publicity ofthe committee's discussions andrecommendation;
(b) speedy decisions by management on thecommittee's recommendations, where necessarypromptly translated into action and effectivepublicity;
(c) participation by members of the safetycommittee in periodical joint inspections;and
(d) development of way of involving moreemployees.
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POLICY
Most industrial accidents can be prevented ifproper thought is given to the risks involved in the workand the relevant precautions are taken. A major purpose ofemployer's safety policy is to achieve this goal. Itindicates how seriously management take theirresponsibilities on safety and health at work. Itcontributes to the identification of risks and precautions.Individual responsibilities are spelt out for ensuring thatthe precautions are properly carried out.
2. General
A written safety policy covers three aspects;
(a) the statement of the employer's generalpolicy with regard to safety and health ofhis employees;
(b) the organisation for carrying out thepolicy; and
(c) the arrangements for carrying out the policy.
It should be the duty of every employer to preparea written statement of his general policy with respect tothe safety and health at work of his enjployees and theorganisation and arrangements for carrying out that policy,and to bring the statement and any revision of it to thenotice of all his employees.
It will be sensible for an employer to consult hisemployees and to heed to the advice of the safety committeesin order to ensure that the best organisation andarrangements for safety and health are evolved andmaintained.
In many cases, new risks are beiiig introduced intothe workplace due to changes in techniques, introduction ofnew plant and equipment, use of new materials or taking onof new types of contract. It is at this stage that newprecautions need to be learned and adopted. A revision ofthe safety policy to include new information is necessary.
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Every employer has to ensure that the writtensafety policy should be kept up-to-date. Where, forinstance, those persons responsible for the various aspectsof safety and health are replaced, amendments must bepublished without delay and brought to the notice of allemployees. Wherever any improvement or change affects thepolicy of an employer, they should be reflected in itsperiodic revision.
No one policy is necessarily suitable for any twocompanies so that each company must write its own policyaccording to its own needs. To provide a model safetypolicy might cause some employers to overlook importantsafety and health measures which their particular activitiesand premises demanded.
In some larger or more complex industrialtmdertakings it may also be better to produce the safetypolicy in the form of two documents :
(a) A concise statement of the general policy,organisation and arrangements in a singledocument which could be distributed to allemployees and which would make reference to;and
(b) a more detailed document (e.g. includingmanuals of rules and procedures) which couldbe held in a central position in eachlocation for all to see on request, or postedwhere it could be seen by all employees.
In the case of employers engaged in a number ofdifferent activities or where the operations aregeographically widespread, the policy may requirefozroulation at more than one level. The highest managementlevel should lay down in writing the principles of thepolicy whilst the sub-groups or operational units interpretthat policy in a realistic written form to suit theidentified needs at the lower levels.
What employer does is far more important than whatthe safety policy says. It must be emphasised that thewritten work does not prevent accidents. It is theimplementation and application of the policy that preventsaccidents.
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Statement of ffnrplover'ff general policy
This is the employer's overall objectives forsafety and health at work. It should contain :
(a) A clear declaration of the employer'sintention to provide safe and healthy workingconditions for his eitrployees and to ensurethat work done by his eraployees does notadversely affect the safety and health ofanyone;
(b) reference to the facilities available foremployer and employees consultation on safetyand health matters;
(c) reference to the policy on obtaining expert,advice necessary to determine the risks tosafety and health a work and the relevantprecautions;
(d) a commitment to the provision of relevantinformation and. necessary training to begiven to eraployees in respect of risks totheir safety and health which may arise outof their work; and
(e) reference to the support necessary by allpersons in the company in order to achievethe objectives of the safety policy.
4. Organisation for carrying out the policy
This refers to the allocation of responsibilitiesto people in ensuring that work is done safely and withoutrisks to health. The following points should be considered:
(a) A clear and logical allocation of duties andresponsibilities for safety and health witheach member of the company involved knowingwho and what he is responsible for and towhom he is responsible;
(b) the final responsibility should be placed onthe senior member of management. Thedocument should be signed and dated by thisperson as should each subsequent revision; and
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(c) responsibilities clearly identified, for:
(i) training
(ii) monitoring compliance with the policy
(iii) maintenance contact with sources ofadvice such as safety adviser,employer's federations, tradeassociations, manufacturers andFactory Inspectorate Division
(iv) responding to employee initiatives.
Arrangement* for carrying out the PQlJCV
These deal mainly with how those responsibilitiesare carried out. The statement of arrangements should referto :
(a) The procedures for dealing with identifiedrisks including protection of machinery,effective inspection and maintenance ofplant and equipment* fire prevention andgood housekeeping;
(b) the identification of precautions andprocedures for dealing with any specialrisks relating to particular types ofprocesses and work activities;
(c) safe systems and methods of work includingmaintenance activities and cleaningmachinery and plant;
(d) accident reporting and investigationprocedures including arrangements forlooking at and analysing accident statisticsand near misses;
(e) provision and use of protective clothing andequipment;
(f) procedures for introducing new machinery,substances or processes;
(g) emergency procedures where relevant as inthe event of fire or explosion. This isparticularly relevant when work is carriedout on other industrial premises whereprocedures for co-operation with themanagement of the premises will need to beunderstood;
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(h) arrangements for obtaining and cornmunicatingto employees information about safety and.health matters, including information aboutsubstances for use at work, especially ontheir first introduction or when personswork with them for the first time;
(i) arrangements for consultation with employeesand involvement with safety committees;
(j) arrangements for identifying training needsand procedures for securing adequatetraining; and
(k) arrangements for safety and healthinspections, audits or other systems forchecking the effectiveness of thearrangements for safety and health.
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HA^ftR) ASSESSMENT AND CONTROL
Hasard assessment and control are essential ingredientsof all successful safety policies. This monitoring enables seniormanagement to assess if their stated policy is being carried outand if it is having its desired effect.
1- Basic element
(a) Hasard assessment, including an annual comprehensivesafety and health audit, and regular inspections (by aperson or persons qualified to recognise existinghazards and potentially significant risks), to ensurethe employer's awareness and control of those risks.
(b) A reliable procedure, effectively commtmicated, foremployees to report possibly hazardous conditionswithout fear of reprisal and to receive timely andappropriate responses-
(c) Ongoing monitoring and maintenance of workplaceequipment to prevent its becoming1 hazardous.
(d) "Review _ and investigation of accidents or near-missincidients and injury/illness experience, keepjungappropriate records, and identifying causes andurrplementing needed preventive or corrective actions,
(e) Initiating and tracking hazard correction in a timelymanner.
2. Safety
The objective in conducting safety audits is toreduce the number of hazards and thereby reduce the numberof accidents. An aduit should seek to be positive ratherbeing pre-occupied with fault-finding. While it ehouLd becapable of identifying deviations from agreed standards andanalysing events which lead to them, it should alsohighlight good practice.
The majority of safety audit schemes tend toconcentrate on the 'hardware' aspects of accidentprevention, such as machinery guarding, the provision anduse of protective clothing and equipment and exhaustventilation systems, and are primarily hasard spottingexercises. It is equally iiaportant for audits to emphasisesoftware aspects such as safe system of ' work,instruction, training and supervision.
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3. Accident Investigation arid Associated
The purpose of the accident investigation is todetermine what factors, conditions, and/or practicescontributed to the accident, so that proper action can betaken to prevent a recurrence. Minor incidents or near-misses should also be investigated as they are a warning ofpotential hazards that could result in serious injuries orillness to employees in the future.
A complete accident investigation includesgathering pertinent data and making an objective evaluationof facts, statements are related information, all of whichshould lead to a definite plan to prevent recurrence.
To assure that meaningful data will be obtained,all management personnel should be familiar with accidentinvestigation techniques. In particular, each linesupervisor should be well versed in accident investigationprocedures, as he or she will generally have the bestknowledge of the work environment and be the key person inany investigations of accidents that occur.
It is essential that accidents be investigated assoon after they occur as possible. Facts will be clearer,more details remembered, and the conditions existing at thetime of the accident will be easier to reconstruct.
A good recording system can help with the safetymanagement in the following ways:
* Provide an objective evaluation of themagnitude of the accident problem and theeffectiveness of current counter-measures.
* Indicate trends in the type of work injurybeing sustained, the time of day when mostaccidents occur, localities or departmentsrequiring further attention to determinepossible pcommon factors.
* Furnish supervisors and safety committees withfacts about safety problems so that ' theirefforts can be concentrated.
* Draw attention to faulty planning and layout;unsuitable placement of employees; ineffectiveor insufficient guards, barriers, wanningsigns or devices; insufficient or unsuitablejigs, tools, gear, protective clothing orequipment.
SAFETY PliAWWItyJT • FrJLftfi AND WQffK PROCEDURES
Based on the results of hazard assessment, safetyplans, rales and work procedures are developed, thoroughlyunderstood by supervisors and employees, and followed by everyonein the workplace. Safety rules are provided to govern theconduct of employees to avoid injury and damage; and they must beenforced.
elements
(a) Safety and health rules, including safe and healthfulwork procedures for specific operations, establishedby management and used by employees.
(b) Procedures for disciplinary action or reorientation,recognised by employees and supervisors, and appliedto employees and supervisors who break rules ordisregard safe work or emergency procedures.
(c) Procedures for response to emergencies requiringpersonal protective equipment, first aid, medicalcare, or emergency egress, with emergency telephonenumbers, exit routes, etc., visible to all employeesand with training and drills as needed.
SAFETY TRATNTNfl
For most accidents there are two contributing causes -an unsafe condition and an unsafe act. A safe and healthfulplace to work will diminish or eliminate the first cause, theunsafe condition, but unless the unsafe act is corrected,accidents will continue to occur. Unsafe acts may stem from anumber of factors, such as iiaproper selection of the worker forthe job, lack of safety training, or inadequate supervision*
Unsafe acts or unsafe work practices are the result offailure to train workers in safe work practices. Lack ofsupervision permits these unsafe work practices to continue. Inestablishing or operating a safety programme, .an appraisal ofunsafe work practices is called for, and training methodsinitiated to correct these practices.
Unsafe work practices can be determined by closeobservation of the worker while doing his job. Unsafe workpractices may be of many forms : using the wrong tool, using atool incorrectly, failure to use guards or protective equipment",taking unnecessary chances, assuming an awkward position, andfailure to practice good housekeeping to name but a few. In anycase, such unsafe practices indicate lack of effective safetytraining.
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The purpose of any organised safety training is toeliminate accidents and exposures that result in injuries toworkers by removing the hazards and promoting safe practices.Safety training is necessary for management to implement itscommitment to prevent exposure to hazards. It is primarily theprocess of imparting knowledge of safe and unsafe conditions,safe and unsafe personal practices and remedial measures.Supervisors and employees should know and understand thepolicies, rules and procedures established to prevent exposure,
Basic elements:
(a) Supervisors should understand the hazardsassociated with a job, their potential effectson employees, and the supervisor's role, throughteaching and enforcement, in ensuring thatemployees .follow the rules, procedures and workpractices for controlling exposure to thehazards.
(b) Employees are made aware of hazards, and the safework procedures to follow to protect themselvesfrom the hazards, through training at the sametime they are taught to do a job and throughreinforcement.
(c) Where personal protective equipment is required,employees understand that it is required, why itis required, how to use it, its limitations, andhow to keep it maintained; and employees use itproperly.
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SAFETY PROMOTIONAL ACTIVITIES
1. TNTRODDCTION
Businessmen used to arouse the interest orawareness of the public about their products or servicesthrough promotional activities/campaigns. By the sametoken, if well planned and implemented, safety promotionalcampaigns sell safety for an end product by heighteningemployees" awareness which can achieve the purpose ofreducing industrial accidents.
2. PLANNING
To plan the subject in its right perspective, thefollowing points are worthy of noticing:
(a) To define the purpose
The campaign should have a theme broughtclearly to employees to show why it isconducted. It can be a specific problemsuch as machinery safety or a broadersubject like promotion of safety awarenessin general for the whole organisation.
(b) To control the time
Though no specific time limit for theca-npaign, condition like lapse of longholidays should be avoided. Generally, theperiod of the canqpaign should be long enoughto produce results but not too long to loseappeal by employees,,
(c) To encourage participation
This should be encouraged. Tn designingstage, the subject of the campaign should berealistic and the effort spent by employeesshould be estimated. It should be ea^y forthe employees to achieve withoutinterruption of routine work.
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(d) To give incentives
Some type of award, prise or other stimulusshould be part of the campaign in order tomake it a special event. The incentives donot have to be expensive or elaborate. Theycan be presented to winners in the form ofgroup awards for instance through SafetyInterdepartmental Contests, SafetyCompetitions between construction sites orin personal awards through Safety QuizCompetitions.
(e) To promulgate the event
It is important to give the campaign a widepublicity with information provided prior tothe startijng date of the campaign to gathermomentum of interest. To maintain interest,update information should be suppliedcontinually throughout the period. It isalso necessary to publicise closingactivities to let employees know theirefforts are paid off.
Safety campaigns should be part of but not asubstitution of the whole ongoing safety programme. Someindustrial organisations like to put campaigns at the end oftheir safety annual workplan to augment the total safety effort.These campaigns provide a break from the normal safety routinewhile still conveying the message that safety is the primeconsideration on any job.
Examples of promotional activities
* Safety Week/Month
* Safety Quis Competition
* Safety Slogan Competition
* Safety Exhibition
* Safety Film Show
* Safety Poster Design Competition
* Safety Record Competition
* Safety Idea/Suggestion
* Industrial Safety Forum
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DUTIES OF EMPLOYERS AND EMPLOYEESUNDER THE INDUSTRIAL SAFETY AND HEALTH
LEGISLATION IN HONG KONG
Mr. YIP Yuk~lun. Chief Factory Inspector
QKHKRAL DOTTES OF A PROPRIETOR
1. It shall be the duty of every proprietor of an industrialundertaking to ensure, so far as is reasonably practicable,the health and safety at work of all persons employed by himat the industrial undertaking.
2. Without prejudice to the generality of a proprietor's dutyunder the paragraph 1, the matters to which that dutyextends include in particular -
(a) the provision and maintenance of plant and systems ofwork that are, so far as is reasonably practicable,safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonablypracticable, safety and absence of risks to health inconnection with the use, handling, storage and transportof articles and substances;
(c) the provision of such information, instruction,training and supervision as is necessary to ensure, sofar as is reasonably practicable, the health and safetyat work of all persons employed by him at theindustrial undertaking;
(d) so far as is reasonably practicable as regards any partof the industrial undertaking under the proprietor'scontrol* the maintenance of it in a condition that issafe and without risks to health and the provision aridmaintenance of means of access to and egress from itthat are safe .and without such risks; and
(e) the provision and maintenance of a working environmentfor all persons employed by him at the industrialundertaking that is, so far as is reasonablypracticable, safe, and without risks to health.
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GENERAL DOTTRS OP PERSONS EMPLOYED
It shall be the duty of every person employed at anindustrial undertaking while at work -
(a) to take reasonable care for the health and safety ofhimself and of other persons who may be affected by hisacts or omission at work; and
(b) as regards any duty or requirement imposed on aproprietor of the industrial undertaking or on any otherperson by the legislation for securing the health andsafety of persons employed at the induct rialundertaking, to co-operate with him GO far se isnecessary to enable that duty or requirement to beperformed or complied with.
CHECKLISTS ON GENERAL TOTTES OF A
The above general duties of a proprietor have wicteapplication and it is not possible to specify in detail hero allthe steps that should be taken to comply with it by anyparticular concern. Every proprietor should, nevertheless,consider within the context of his own organisation, what actionis necessary on his part to carry out the duties. In making thisassessment the questions given below may be helpful. Onlycertain questions will probably apply to any particularorganisation. The questions cannot be comprehensive and cannotmention every situation, nor must they be regarded as providingan authoritative interpretation of the legal requirements" Thequestions are set out below by reference to the above paragraphson general duties of a proprietor,
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Paragraph 2 (a)
1. Is all plant up to the necessary standards with respect tosafety and risk to health?
2. When new plant is installed is latest good practice takeninto account?
3. Is there provision by regular inspection, examination and,where necessary testing to ensure that plant and its safetydevices have not deteriorated?
4. In such cases would the examination etc. be more suitablyassigned to specialists?
5. Do all the systems of work provide adequately for safety?
6. Are they properly enforced?
7. Has a thorough examination been made of all operationsundertaken in the workplace (especially those carried outonly infrequently) to minimise danger or injury or risk tohealth?
8. What attention has been paid to the safety of cleaning,repair and maintenance operations?
9. Should special safety systems such as "permits to work" beconsidered?
10. Is the work environment regularly monitored to ensure that,where known toxic contaminants are present, the protectionconforms to currect hygiene standards?
11. Is monitoring also carried out to check the adequacy ofcontrol measures?
12. Have arrangements been made for regular inspection of allequipment and appliances used for safety and health fforexample, dust and fume extraction equipment, guards, safearrangements for access and monitoring and testingappliances)?
13. What personal protective equipment is required c'e.g.protective boots, helmets, goggles, respirators, earprotectors)? Has it been issued? Are adequate arrangementsmade for its storage, maintenance, cleaning and renewal? Havethose who need it been trained in its use?
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14. Have arrangements teen made for regular maintenance andtesting of electrical installations and equipment?
15 Have emergency procedures and contingency plan® beenformulated, to cover, for example escapes or spillages oftoxic or dangerous materials fire, escapes of gases etc, andalso emergencies due to hazards arising in adjacent premises?
Paragraph 2 (b)
1. Have the methods of manufacture been examined carefully ofevery substance likely to give rise to risk, to ensure thatevery necessary precaution has been taken?
2. Has an audit been carried out to list ever/ substance used atwork to identify the specific health and safety risks towhich any substance may give rise?
3. Are "the containers of all substances correctly labelled?
4. Are all containers and handling devices suitable or shouldexpert advice be sought?
5. Has particular attention been given to the manipulation ofmolten metal?
6. Can storage and transport arrangements be improved to makethem safer and reduce health risks?
7. If there is mechanical transport on the premises have theoperating procedures been critically appraised'? Are thetransport rules adequate and are they properly enforced?
8. Are structural modifications to plant, buildings or operatingareas necessary to achieve safety from the use of transport?
9. Have proper procedures been established for assessing newproposals for handling materials or using transport?
10. Could safety be increased or working conditions improved bysubstitution of less toxic or less dangerous substances or byimprovements in enclosure or by institution of remotehandling methods?
11. Has particular attention been given to the safety of systemsof work and of the handling of substances undertaken outsidethe normal production processes?
43
12. Has special attention been given to the precautions in thecarriage and transport of dangerous materials, such as thoseof high toxicity, or with explosive properties or radiationemitters?
13. Should the safety of handling of articles in use be .againreviewed?
14. Is further training in the use of handtools, machines andmobile plant necessary?
15. Is all equipment safely stored?
16. Are any processes being undertaken using unsuitable machinesor equipment?
Paragraph 2 (c)
1. What can be done to bring within the procedures for planningfor health and safety the cooperation of the workpeoplethemselves?
2- Is adequate information and guidance given to all employeeson the hazards of the work activities and the methods foravoiding them and on any other matters affecting health orsafety?
3. Has every worker exposed to a health hazard been informed ofthe -risks and the precautions? Have arrangements been madefor • him to be told of the results of any relevant monitoringcarried out?
4. Is any further information necessary with respect to specialequipment or substances or processes?
5. Are there arrangements for a proper flow of information toemployees and also for rapid and unhindered conrniunication onsafety and health matters from employees to management?
6. Has information been provided to employees on legalrequirements?
7. Has adequate technical information been provided at suitablelevels?
8. Are arrangements such that advisory literature (including anynew publications) on health and safety is available for allwhom it concerns?
49
9. Have adequate arrangements been made for training in aafftpractices, in procedures for avcidixig risks to health and Inthe use of equipment for safety? Does such training take intoaccount the levels at which it must be approached and thecapabilities of the recipients? Is there proper training forsupervisor/ staff? Is the effectiveness of the training andits retention by the trainees monitored regularly? Are therearrangements for retraining of those in post as well as fortraining new employees?
10. Has action been taken to foster a high standard of safetyawareness in all employees?
11. Has a high standard of skill been achieved in all supervisorsin their role in the management of safe procedure© andsystems of work?
12. Has a system been instituted for identifying the particulartraining needs within the organisation and of any specialneeds of individual employees?
13. Are there processes with special hazards which haveparticular training needs
14. Are safe methods of working receiving full emphasis in alltraining given?
Paragraph 2 (d)
1. Has consideration been given to the safety of all places ofwork and the means of access to and egress from them?
2. Do all buildings comply adequately with safety standards? Arethey so maintained? Are professional surveys required for anybuildings?
3. Has adequate consideration been given to special safetyrequirements of all buildings, such as fire escapes, fixturepoints for window cleaners" harnesses, .and preplannedarrangements for building maintenance?
4. Are there specially awkward places within the buildings whichmust be reached at particular times, for exairjple forobservation or for control of processes or plant? If so canthe means of access be improved?
5- Do persons have to enter plant for maintenance or cleaning,where there may be special hazards and if so have properprocedures and precautions been taken?
6. Do good housekeeping and cleanliness receive the attentiondue to them?
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7. Are fire exists identified and are they checked to ensurethat they are maintained free from obstructions?
8. Is fire fighting equiperant provided and is it maintained? Arepersons adequately trained in its use?
9. Has the fire alarm been tested? Are fire drills held?
Paragraph^ 2 (e)
1. Are there any problems in the premises in connection withheating, lighting, ventilation or noise?
2. Are the seating, washing accorrimodation, clothingaccommodation and lavatories satisfactory?
3. Are the first aid arrangements satisfactory?
4. Are there any problems arising from dangerous waste?
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In making the assessment on general duties of persons employed,the questions given below may be helpful. The questions cannotbe comprehensive and cannot mention every situation, nor mustthey be regarded as providing an authoritative interpretation ofthe legal requirements.
1. Has reasonable care been taken for the health and safety ofyourself and of other persons who may be affected by whatyou do, or fail to do, at work?
2. Where personal protective equipment is required, do, youunderstand that it is required, why it is required, how touse it, its limitations, and how to keep it maintained?
3. Have you tried to avoid obviously silly or recklessbehaviour?
4. Do you dress properly while at work?
5. Have you tried to tamper safety guards or devices?
6. Have you adopted "short-cutn method in performing your job?Do you know the proper job method?
7. Have you used improvised tools and equipment which entailunnecessary risk?
8. Do you have adequate traming on safe working practices?
9. Are positive steps taken by you to understand the hazards inthe workplace?
10. Have you received adequate safety information? Do you knowthe arrangements for seeking safety information in yourcompany?
11. As a supervisor, do you understand the hazards associatedwith a job, their potential effects on employees, and your•role, through training and enforcement, in ensuring thatemployees follow the rules, procedures and work practicesfor controlling exposure to the hazards.
12. Have you complied with the safety rules and procedures ofyour company?
13. Do you recognise the safety policy, organisation andarrangement for safety in your company?
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14. What attention has been paid to the safety of cLeaning,repair and maintenance operations?
15. Should special safety systems such as "permits to work'1 befollowed?
16. Have you . effectively discharged your safetyresponsibilities ?
17. Have you co-operated with your proprietor or other personsto perform his duties or requirements under the safetylegislation?
18. Do you follow the infortnation and guidance given by yourproprietor on the hazards of work activities and the methodsfor avoiding them and on any other matters affecting healthor safety?
19. Have you reported any unsafe condition to your supervisor ormanagement? Do you know the reporting procedure?
20. Have you suggested ways of eliminating hazardous situation?
21. Have you participated in in-plant safety promotionalactivities?
22. Have you tried to encourage co-workers to follow the safeworking practices?
23. Have you acted as a good example to new workers?
53
AN OVERVIEW OF THEEMPf DYERS' flfflFBHSATION ORDINANCE
Ms. STET.T.A NR Yufr-kqen. . . Labour
1.3 Thereafter, there was no fundamental change to theOrdinance until October 1988 when the application of theOrdinance was extended to employee injured while workingoutside Hong Kong and the certificate procedure is to replacethe agreement procedure with effect from 1989 for injurieswhich result in not more than 5 per cent permanent loss ofearning capacity.
2, Employees' Compensation Ordinance
The Employees' Compensation Ordinance providescompensation for personal injuries and deaths caused byaccidents or occupational diseases arising out of and in thecourse of employment and lays down both employees" rightsand employers'" obligations in respect of such injuries. Thegist of the Ordinance will be provided in the followingparagraphs,
3* AppXicqttiQfl. of the Ordinance
The Ordinance, which also applies to the CivilService, covers all employees who are employed undercontracts of service or apprenticeship irrespective of theirearnings. With effect from 6.10.88, the Ordinance alsoapplies to employees employed in Hong Kong by Hong Kongemployers who are injured at work outside Hong Kong, It is,however, necessary to note that the Ordinance does not applyto :-
(a) casual employees, unless they are employedeither for the purposes of the employer's trade orbusiness or for the purposes of any game orrecreation and are engaged or paid through a club;
(b) outworkers; and
(c) members of the employer's family who livewith him. However, if .an employees' insurancepolicy is in force in respect of any of suchfamily members• the Ordinance shall apply to himas if he were an employee within the meaning ofthe Ordinance.
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4, Mability pf thft Employer
4.1 If an employee suffers injury by accident arisingout of and in the course of his employment, his employer isliable to pay compensation, despite that the employee* mighthave committed acts of faults or negligence when the accidentoccurred. An employee injured while travelling to or fromhis place of work by a means of transport operated by orarranged by his employer (other than pubJic trartfspr.rtservice) is deemed to have been injured in an accident,arising out of and in the course of employment,
4.2 An employer is not liable to pay comperis&tion
(a) unless the injury results in some degree ofpermanent incapacity or prevents the employee fromearning full wages at his normal work for more thanthree consecutive days;
(b) if the injury is self-inflicted;
(c) if the injury is caused by the employee'saddiction to drugs or alcohol and does not result indeath or serious and permanent incapacity;
(d) if the injury is similar to ^n injury (e.g.hernia) from which the employee has falsely representedto his employer that he was free.
4 < 3 An employer is liable to pay only suchproportion of the compensation due under the Ordinance ao theCourt may decide if the Injury is proved
(a) to be attributable to the employee's serious andwilful misconduct; or
(b) to have been deliberately aggravated by theemployee.
5. TVpes and fnTKT1^ flf
Compensation made payable to an employees include©the following:-
5-1 Compensation for injury or
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5,11 Where death results from the j
(a) if the employee leaves any dependant who is whollydependent on his earnings, the compensation payablevaries with the employee's age at the time of theaccident as follows-
Age of cfeCQ& QCl Amount of compensation
Under 40 84 months' earnings*
40 to under 56 60 months" earnings*
56 or above 36 monthsr earnings*1
* subject to a maximum of $345,000 and a minimum of$116,000,
(h) if the employee does not leave any dependantwholly dependent upon his earnings but leaves adependant who is partially dependent, the Court willdetermine the amount of compensation to be paid;
(c) where the employee leaves no dependants, theemployer is liable to pay reasonable medical and burialexpenses. These expenses are subject to a miximum of$3,000.
5.12 WherQ periflanffflt total Incapacity results from th£ in.iurv
(a) the cotwpensation payable varies . with theemployee's age at the time of the accident as follows-
Age ftnxftffrt of compensation
Under 40 96 months * earnings*
40 to under 56 72 months * earnings*
56 or above 48 months" earnings+
+• subject to a miximum of $394,000 and a miniirium of$132,000.-
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(b) the amount of compensation may be furtherincreased at the Court's discretion if the injuredemployee needs the constant attention of another personto perform the essential actions of life. Suchcompensation may be a lump SIJHB payment calculated withregard to the probable duration .and cost of attention,or may be periodical payments to cover periods notexceeding two years, plus a lurnp sum if constantattention is still required after two years. Thesepayments are subject to an overall maximum of $158,000,
5.13 Where temporary incapacity results frpynthe compensation is periodical payments over the period .of temporary incapacity, or a lump sum in lieu, at therate of two-thirds the difference between the injuredemployee's monthly earnings at the time of the accidentand his monthly earnings after the accident. Theperiodical payments are payable within 7 days of theinjured employee's normal pay days. Failure to do so isprosecutable offence*
If an injured employee who has been receivingperiodical payments dies or is found to have sufferedpemanent incapacity as a result of the accident thencompensation for the death or permanent incapacity ispayable in addition to any periodical payemntspreviously due.
If the employee's temporary incapacity lasts morethan 24 months, he is regarded as having sufferedpermanent incapacity and compensation is assessedaccordingly.
For'the purpose of the Ordinance, "earnings11 includes:
(a) cash wages;
(b) the value of any privilege or benefit which can heestimated in cash, e.g. food, fuel or quarterssupplied to the employee if as a result of theaccident he is deprived of any of them;
(c) overtime or other special remuneration* whether inthe form of bonus, allowance or otherwise, if itis of a constant nature; and
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(d) customary tips.
But remuneration for intermittent overtime, casualpayments of a non-recurrent nature, the value oftravelling allowances or concession and theemployer's contributions to provident funds arenot included.
The "monthly earnings" of an injured employeeare to be taken as the earnings for the monthimmediately preceding the date of the accident, orthe average monthly earnings for the previous 12months of employment (or any lesser period if theemployee has not been so long employed), whichevercalculation is more favourable to the employee.In exceptional cases where the employment has beenof a casual nature or for a short period only, theaverage monthly earnings over a period of 12months before the accident of a comparableemployee employed by the same employer or in thesame class of employment are taken as the monthlyearnings.
Where the injured employee was, at the timeof the accident, ljinder the age of 18 or employedas an apprentice his monthly earnings are, for thepurposes of assessing compensation payable in thecase of death or permanent incapacity, assessed asif he were an adult employee or, in the case of anapprentice, a qualified craftsman-
The miniinuin rate of earnings is deemed, to be$920 a month.)
5.2 Medical Expenses
5.21 If personal injury is caused to an employeeby accident arising out of and in the course ofemployment, his employer is liable to pay the medicalexpenses for the medical treatment in respect of 'suchinjury. Medical expenses az*e payable in addition to anycompensation which the employer is liable to pay underthe Errjployees" Compensation Ordinance.
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5.22 ' Medical expenses are payable provided that:
(a) the employee has notified his employerof the accident;
(b) the employee is incapacitated for morethan three consecutive days; and
(c) the incapacity does not result from &deliberate self-injury or from drugaddiction or alcoholic influence.
5.23 An employer is liable to pay medical expensesin respect of the period during which the empLoyeereceives medical treatment until the attending medicalpractitioner or registered dentist certifies that nofurther treatment is required.
5.24 An employer is not liable to pay medicalexpenses if he has provided adequate free medicaltreatment to the employee,
5.25 Medical expenses are payable subject to aminimum of $20 per day for out-patient treatment and $40per day for hospitalisation. In any case the totalmaximum daily rate an employee may claim is $40,
5,3 Prostheaefl and Snrgical A-pplinpnP.pT
5,31 If an employee who, as a result of an injuryby accident arising out of and in the course ofemployment, requires a prostheses or surgical appliance,his einployer is liable to pay for:
(i) the initial costs of supplying andfitting the prostheses or surgical appliance,,subject to a maximum of $14 > 000 in respect ofany one employee in any one accident; and
(ii) the probable costs of repair and renewalof such.an item during a period of 10 yearsafter the initial fitting of the item,subject to a maximum of $43,000 in respect ofany one employee in any one accident.
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5,32 The employer would not be liable to pay forthe costs of such pix>stheses or surgical appliancesunless:
(i) the employee submits himself totreatment by a medical practitioner orregistered dentist; and
(ii) the item fitted is manufactured or onsale in Hong Kong, and is certified by theProstheses and Surgical Appliances Board .asnecessary and reasonable in cost. Anemployer is obliged to grant the necessaryleave of absence from work to an employee,with pay if qualified, who is required toattend a Prostheses and Surgical AppliancesBoard for purposes of examination orassessment.
5-4 Cpmpeng^tiQr> for Occupational Diseases
5.41 An employee who suffers from an occupationaldisease is entitled to receive, for injuries arisingfrom the disease, compensation similar to that payableto employees hurt in occupational accidents. If theemployee dies, his dependants may be compensated.Occupational diseases covered by the Ordinance arespecified in the Second Schedule to the Ordinance,(See Appendix 1)
5.42 Compensation is payable to an employee whocontracts an occupational disease if:
(a) he is incapacitated by the diseasewhether partially or totally,temporarily or permanently; and
(b) the disease is due to the nature of anyoccupation in which he was employed atany time within the prescribed- periodimmediately preceding his incapacity.(The period prescribed for each diseaseis given in the Second Schedule).
5.43 If the employee has been employed by morethan one employer during the prescribed period in thesame or in a similar occupation, all his employers areconsidered responsible for paying compensation thoughnot necessarily to the same extent.
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5.44 Before employing an employee in a track) orindustry in which an occupational disease is liable tobe contracted, an employer may require the employee tobe medically examined and an employee who refuses tocomply may lose his entitlement to compensation in theevent of death or of suffering from rm occupationaldisease,
6. Notification of Accidents
6.1 An injured employee, or someone acting on hiebehalf, is expected to give the employer notice of theaccident as soon as possible. Notice may be given, orally orin writing on a prescribed form —Form 1 (see Appendix ?.),to the employer or to the employee's supervisor (e.g.foreman). The employer is presuwied to have had notice of anaccident if as a result the employee dies on or near theemployer's premises or the place where he was working.Failure to give prompt notice may prevent the recovery oicompensation from the employer*
6.2 On the other hand, the employer must notifyCommissioner for Labour on Form 2 (see Appendix 3) at anyaccident which results in either
(a) the death of an employee; or
(b) the total or partial incapacity of anemployee for more than three consecutive days.
6.3 This notification must be given to theCommissioner within seven days of the accident if theemployer becomes aware of the happening during that period;otherwise he must notify the Commissioner within seven daysof the accident coming to his knowledge. For accidentsother than the above two categories, the Commissioner mayrequire the employer to give notice within a specified periodof time.
6.4 Any employer who, without reasonable cause, fa tinto report the injury or death of an employee to theUmnissioner for Labour is liable on summary conviction to afine of $5,000.
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Arrplic tj-oyi for
7.1 An application for compensation by or on behalf ofan injured eirqployee should be made within twenty-four monthsof the accident.
7.2 On receiving notice of an accident which appearsto give rise to a claim for compensation the Commissioner forLabour may make a claim on behalf of the employee or, in thecase of death, may advise his dependants of their right tocompensation and apply on their behalf.
3. StgttXeifjent of Claims
8.1 With effect from 1.1.89, a claim of compensationin respect of injuries involving only temporary incapacity ora loss of earning capacity not exceeding 5% as assessed by anEmployees" Compensation Assessment Board may be determined bythe Commissioner for Labour. He will issue a certificate toboth the employer and the employee stating the amount ofcompensation payable. Any objection by either party must bemade in writing to the Commissioner within 14 days after theissue of the certificate, with a copy of the objection sentto the other party. If no objection is raised, the employermust pay within 21 days from the issue of the certificate thebalance, if any, of the amount of compensation stated in thecertificate,
8.2 For injuries resulting in an assessed loss ofearning capacity exceeding 5%, the claim of compensation maybe settled by an agreement. The employer is obliged to enterinto an agreement with the employee within 21 days after theresult of assessment is known, unless the employer notifiesthe Commissioner, in writing, within 14 days after theassessment result is known, that he does not intend to enterinto such agreement, giving his reasons thereof. Theagreement is then submitted to the Commissioner, who wouldapprove the agreement if the compensation agreed upon is notless than the amount payable under this Ordinance.
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8.3 An employer who delays the payment of compensationfor over 21 days after the issue of a certificate by theCommissioner or after the date of approval of the agreementis liable to a surcharge of 5 per cent of the outstandingamount or $200, whichever is the greater. Upon the expiry of3 months after the due date, a further surcharge of 10 percent of the outstanding aggregate amount or $400* whicheveris the greater, will be imposed. Not paying compensationwithin the 21-day period or a surcharge where applicable, isan offence for which the liable employer may be prosecuted.
8.4 Any claim of compensation that cannot be settledby a certificate or by agreement must be determined by theDistrict Court, irrespective of the amount involved,
9. Employees" Compensation Assessment, j p
9.1 A two-tier Employees* Compensation Assessment.Board may be appointed by the Commissioner for Labour toassess the loss of earning capacity suffered by an injuredemployee. The first-tier Ordinary Assessment Board ieresponsible for assessing the percentage of loss of earn ingcapacity permanently caused by the injury in normal casen inacordance with this Ordinance. However, when such assessmentis inadequate due to the special cirewmstance© of the in.iurwiemployee, the claim is referred to the SpecialBoard for assessment. Both the Ordinary and pAssessment Boards can issue certificates of assessment whichare to be admitted in evidence without further proof on theirproduction in any court. Any party who objeeto to theassessment made by the Ordinary Assessment Board or SpecialAssessment Board must do so in writing within 14 daye aft<ra*the issue of the certificate, with a copy of the objectionsent to the other party•
9-2 When an employee has returned to work .and isrequired by a written notice from the Commissioner, anOrdiiiary Assessment Board or a Special Assessment Board toattend for purposes of assessment or examination on a certaindate, time and place, the employer is obliged to grant thonecessary leave of absence from work. If the employer is thesame one as that of the employee at the time of accident,men the employee must be paid his normal wages forperiod of absence from work.
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10. JLiftlpilitv Qf the Priricj.paX.
When the employee of a sub-contractor is injured,the principal contractor may be liable for any claim ofcompensation made by the injured employee. The principalcontractor may, however, take action to recover from the sub-contractor any payment which he is required to make. Uponreceipt of a written request from the injured employee, thesub-contractor must within 7 days supply to the former thename and address of the principal contractor. Failure to doso is a prosecutable offence.
11. Compulsory
11.1 Part IV of the Ordinance provides that allemployers are • compulsorily required to take out insurancepolicies to cover their full liabilities both under thisOrdinance and under common law. An employer who contravenesthis provision commits an offence and is liable on convictionupon indictment to a fine of $50,000 and to itrrprisonment for2 years. However, it does not require employers to insureagainst liability for common law damages awarded by a foreigncourt.
11.2 When an employer who has been insured becomesliable to pay any sum under this Ordinance or independentlyof this Ordinance in respect of an injury to his employee,such sum becomes due and payable by the insurer,notwithstanding anything to the contrary in the policy ofinsurance. An employee or any other person having a claimagainst the employer is entitled to recover in his own name,directly from the insurer the entitled amount, as though hewere a party to the insurance policy.
12. Bankruptcy of an Employer
When an employer who is insured in respect of hisliability under the Ordinance to any employee becomesbankrupt, his rights against the insurer are transferred toand vested in the employee.
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13.
The Ordinance applies to masters, seamen, andapprentices to the sea service who are employees within themeaning of the Ordinance and are members of the crew of nHong Kong ship, It also applies to employees who are notseamen but who are employed in any capacity on board a HongKong ship. If the employer submits or has agreed to submitto the jurisdiction of the Court, the Ordinance applies tothe crew members of a foreign ship who were engaged in HongKong even though the accident causing the injury occurredoutside Hong Kong.
14. Claims for Damages hv Action at Common Law
14.1 Under the Ordinance* when an employee is injuredin circumstances which create a legal liability in someperson other than the employer, he may take proceediogn torecover damages from the third party as well as claimingcompensation against the employer. Bat in awarding damagesthe Court would normally deduct the compensation payable andorder it to be paid to the employer,
An employer who is liable to pay compensation may similarlytake action against a third party to recover thecompensation, indemnity or any sum payable to the employeecontractually.
14.2 Moreover, the Ordinance does not limit the civilliability of an employer. Thus, when ait Injury to anemployee is caused by the negligence or other wrongful act ofan employer, the employee may recover compensation and alsosue for damages hut these would be reduced by the value ofthe compensation payable.
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Appendix
Occupational Diseases
(Second Schedule of the Ordinance)
Descriptionof occupational
Item disease
A. CAUSED BYPHYSICALAGENTS
Al Inflammation,ulceration or malign-ant disease of theskin or subcutaneoustissues or of thebones, or blooddyscrasia, orcataract, due toelectro-magneticradiations (other thanradiant heat), or toionising particles
A2 Heat cataract
A3 Dysbarism, includingdecompressionsickness, barotraumaand osteonecrosis
A4 Cramp of the handor forearm due torepetitive movements
A5 Subcutaneous cellulitisof the hand (Beathand)
A6 Bursitis or sub-cutaneous cellulitisarising at or about theknee due to severe orprolonged externalfriction or pressure ator about the knee(Beat knee)
A7 Bursitis or sub-cutaneous cellulitisarising at or aboutthe elbow due tosevere or prolongedexternal friction orpressure at or aboutthe elbow (Beatelbow)
Nature of trade,industry or process
Prescribed periodfor purposes of
section 32
Any occupation involvingexposure to electro-magneticradiations other than radiantheat, or to ionising particles.
Any occupation involvingfrequent or prolonged ex-posure to rays from moltenor red-hot material.
Any occupation involving sub-jection to compressed orrarefied air or other gases orgaseous mixtures.
Any occupation involvingprolonged periods of hand-writing, typing or otherrepetitive movements of thefingers, hand or arm.
Any occupation involvingmanual labour causing severeor prolonged friction orpressure on the hand.
Any occupation involvingmanual labour causing severeor prolonged external frictionor pressure at or about theknee.
Any occupation involvingmanual labour causing severeor prolonged external frictionor pressure at or about theelbow.
10 years.
3 years.
1 year.In the case ofarthritis—5 years.
1 vear.
1 year.
1 year.
1 year.
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Descriptionof occupational
Item disease
A8 Traumatic inflamma-tion of the tendons ofthe hand or forearm,or of the associatedtendon sheaths
B. CAUSED BYBIOLOGICALAGENTS
Bl Anthrax
B2 Glanders
B3 Infection by leptospira
B4 Pulmonary disease dueto the inhalation ofthe dust of mouldyhay or other mouldyvegetable produce,and characterized bysymptoms and signsattributable to areaction in the .peripheral part of thebronchopulmonarysystem, and givingrise to a defect in gasexchange (Farmer'slung)
B5 Infection by organismsof the genus brucella
Nature of trade,industry or process
Any occupation involvingmanual labour, or frequentor repeated movements ofthe hand or wrist.
Any occupation involving con-tact with animals infectedwith anthrax or the handling(including the loading andunloading or transport) ofanimal products or residues.
Any occupation involving con-tact with equine animals ortheir carcasses.
Any occupation involving—
(a) work in places whichare, or are liable to betinfested by rats, fieldmice or voles, or othersmall mammals;
(b) work at dog kennels orthe care or handling of .dogs;
(c) contact with bovineanimals or their meatproducts or pigs or theirmeat products.
Any occupation involvingexposure to the dust ofmouldy hay or other mouldyvegetable produce by reasonof employment—
*(a) in agriculture, horticul-
ture or forestry; or
(b) loading or unloading orhandling in storage suchhay or other vegetableproduce; or
(c) handling bagasse.
Any occupation involving con-tact with—
(a) animals infected bybrucella, or their carcas*ses or parts thereof, ortheir untreatedproducts; or
Prescribed periodfor purposes of
section 32
1 year.
1 month.
1 month.
3 months.
1 year.
1 year.
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Item
C\
C2
C3
C4
C5.
C6
C7
Descriptionof occupational
disease
G CAUSED BYCHEMICALAGENTS
Poisoning by lead or acompound of lead
Poisoning bymanganese or acompound ofmanganese
Poisoning byphosphorus or aninorganic compoundof phosphorus or theanti-cholinesteraseor pseudo anti-cholinesteraseaction of organicphosphoruscompounds
Poisoning by arsenicor a compound ofarsenic
Poisoning by mercuryor a compound ofmercury
Poisoning by carbonbisulphide
Poisoning by benzeneor a homologue ofbenzene
Nature of trade,industry or process
(b) laboratory specimens orvaccines of, or contain-ing, brucella.
Prescribed periodfor purposes of
section 32
Any occupation involving the 2 years,use or handling of, or " In the case ofexposure to the fumes, dust nephritisor vapour of, lead or a —4 years,compound of lead, or a sub-stance containing lead.
Any occupation involving the 2 years.use or handling of, or "exposure to the fumes, dustor vapour of, manganese ora compound of manganese,or a substance containingmanganese.
Any occupation involving the 3 years,use or handling of, or ex-posure to the fumes, dust orvapour of, phosphorus or acompound of phosphorus, ora substance containingphosphorus.
Any occupation involving the 1 year,use or handling of, or ex-posure to the fumes, dustor vapour of, arsenic or acompound of arsenic, or asubstance containing arsenic.
Any occupation involving 2 years,the use or handling of, orexposure to the fumes, dustor vapour of, mercury or acompound of mercury, or asubstance containingmercury.
Any occupation involving 1 year,the use or handling of, orexposure to the fumes, orvapour of, carbon bisulp-hide or a compound of car-bon bisulphide, or asubstance containing carbonbisulphide.
Any occupation involving 1 year,the use or handling of, orexposure to the fumes of, orvapour containing, benzeneor any of its homologues.
Descriptionof occupational
Item diseaseC8 Poisoning by a nitro-
or ami no- or chloro-derivative of benzeneorofahomologueof benzene, or _poisoning by nitro-chlorobenzene
C9 Poisoning bydinitrophenol or ahomologue or bysubstituted dinitro-phenols or by thesalts of suchsubstances
C10 Poisoning by halogenderivatives of hydro-carbons of the aliph-atic series
C11 Poisoning by diethylenedioxide (dioxan)
C12 Poisoning by chlo-rinated naphthalene
C13 Poisoning by oxidesof nitrogen
C14 Poisoning by berylliumor a compound ofberyllium
Cl 5 Poisoning by cadmium
C16 Dystrophy.of thecornea (includingulceration of thecorneal surface) ofthe eye
Nature of trade,industry or process
Any occupation involvingthe use or handling of, orexposure to the fumes of,or vapour containing, a nitro-or amino- or chloro-derivative of benzene ornitro-chlorobenzene.
Any occupation involvingthe use or handling of. orexposure to the fumes of, orvapour containing, dinitro-phenol or a homologue orsubstituted dinitrophenols orthe salts of such substances.
Any occupation involvingthe use or handling of, orexposure to the fumes of, orvapour containing, halogenderivatives of hydrocarbonsof the aliphatic series.
Any occupation involvingthe use or handling of. orexposure to the fumes of,or vapour containing*dieth>lene dioxide (dioxan)*
Any occupation involvingthe use or handling of, orexposure to the fumes of,or dust or vapour con-taining, chlorinatednaphthalene.
Any occupation involvingthe use or handling of* orexposure to the fumes of, ordust or vapour containing,oxides of nitrogen.
Any occupation involvingthe use or handling of. orexposure to the fumes/dustor vapour of, beryllium or acompound of beryllium or asubstance containingberyllium.
Any occupation involving theuse or handling of, or expo-sure to the dust or fumes of,cadmium.
Any occupation involvingthe use or handling of, orexposure to, arsenic, tar,pitch, bitumen, mineral oil(including paraffin), soot orany compound, product,(including quinone or hyd-roquinone) or residue of anyof these substances.
Prescribed periodfor purposes of
section 32
1 year.In the case ofneoplasm—10 years.
1 year.
1 year.
1 year.
1 year.
1 year.
1 year.
I year.
1 year.
70
Descriptionof occupational
Item diseaseCl 7 Primary epithelioma-
tous cancer of theskin
C18 Chrome ulcerationincluding perforationof nasal septum
Cl 9 Primary neoplasm of theepithelial lining of theurinary tract, (renalpelvis, ureter, bladderand urethra) includingpapilloma. carcinoma-m-situ and invasivecarcinoma
D. CAUSED BYMISCELLANEOUSAGENTS
Dl Inflammation or ulcera-tion of the skin pro-duced by dust, liquidor vapour (includingthe conditionknown as chloracnebut excluding 'chrome ulceration)
D2 Inflammation or ulcera-tion of the mucousmembrane of theupper respiratorypassages or mouthproduced by dust,liquid or vapour
D3 Carcinoma of the nasalcavity or associatedair sinuses (nasalcarcinoma)
Nature of trade,industry or process
Any occupation involvingthe use or handling of,"or exposure to, arsenic,tar. pitch, bitumen, mineraloil (including paraffin),soot or any compound,product, or residue ofany of these substances.
Any occupation involving theuse or handling of chromicacid, chromate or bichromateof ammonium, potassium*sodium or zinc, or anypreparation or solutioncontaining any of thesesubstances.
Any occupation involving theproduction, use or handlingof alpha-naphthylamine.beta-naphthylamine ormethylene-bis-ortho-chloraniline, or diphenylsubstituted by at least onenitro or primary aminogroup or by at least onenitro and primary aminogroup (including benzidine)and any of the above sub-stances if further ring sub-stituted by halogeno methylor metfroxyl group and thesalts of any of the above sub-stances and the productionof auramine and magenta.
Any occupation involvingexposure to dust, liquid orvapour, capable of irritatingthe skin.
Any occupation involvingexposure to dust, liquid orvapour.
Any occupation involving themanufacture or repair ofwooden goods or the manu-facture or repair of footwearor components of footwearmade wholly or partly ofleather or fibre board.
Prescribed periodfor purposes of
section 3210 years.
1 year.
20 years.
1 year.
I year.
10 years.
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