| (Cap 509 section 42) [The Regulation (other than Part VII) : 1 January 1998 L.N. 618 of 1997 Part VII : 1 July 1998 L.N. 246 of 1998] (L.N. 332 of 1997) Cap 509A s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) Cap 509A s 2 Interpretation In this Regulation, unless the context otherwise requires- "dangerous part" (危险部分), in relation to any plant, means a part specified in Schedule 1; "fire safety measure" (消防安全措施) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, preventing or limiting a fire or the effects of a fire; or (b) giving warning of a fire; or (c) providing access to any premises or place for the purposes of extinguishing, preventing or limiting a fire or the effects of a fire;"maintain" (保养、维持) includes repair; "young person" (青年) has the same meaning as in the Employment Ordinance (Cap 57). Cap 509A s 3 Responsible person to ensure safe design and maintenance of plant PART II ACCIDENT PREVENTION (1) The person responsible for a workplace must, as far as practicable, ensure that plant is not installed or kept in the workplace unless the plant is safe and without risks to the safety and health of persons who use or may use the plant. (2) If plant is installed or kept in a workplace, the person responsible for the workplace must ensure that the plant is maintained so that the plant is safe and without risks to the safety and health of persons who use or may use the plant. (3) A person responsible for a workplace who fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 5. Cap 509A s 4 Responsible person to ensure dangerous parts of plant are guarded (1) The person responsible for a workplace must, as far as practicable, ensure- (a) that the dangerous parts of plant installed or kept in the workplace are effectively guarded; and (b) in particular that, when any dangerous part of the plant is in motion, the guard relating to that part is kept in place.(2) Subsection (1)(b) does not apply when- (a) it is necessary to expose the dangerous part of the plant for examination, or for carrying out immediately an adjustment or lubrication indicated to be required upon such an examination; and (b) the examination, adjustment or lubrication can be undertaken only when the dangerous part of the plant is in motion.(3) A person responsible for a workplace who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 5. Cap 509A s 5 Responsible person to ensure young persons do not clean plant (1) If a young person is employed at a workplace where plant is installed or kept, the person responsible for the workplace must ensure that the young person does not clean the plant when a dangerous part of the plant is in motion. (2) A person responsible for a workplace who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 5. Cap 509A s 6 Responsible person to ensure that certain parts of workplace are securely fenced (1) If a platform, pit or opening located within a workplace could be a danger to the safety of persons, the person responsible for the workplace must ensure that the platform, pit or opening- (a) is securely fenced to a height of 900 mm (measured from the upper surface of the platform, or of the edge of the pit or opening); or (b) where it is not so fenced, is sufficiently well protected to the satisfaction of the Commissioner.(2) If a vessel containing a scalding, corrosive or poisonous substance is located within a workplace, the person responsible for the workplace must ensure that the vessel- (a) is securely fenced to a height of 900 mm (measured from the highest point at the top of the vessel); or (b) where it is not so fenced, is sufficiently well protected to the satisfaction of the Commissioner.(3) A person responsible for a workplace who fails, without reasonable excuse, to comply with subsection (1) or (2) commits an offence and is liable on conviction to a fine of $200000. (4) If a person responsible for a workplace is found guilty of having committed an offence under subsection (3) and it is proved that the person committed the offence intentionally, knowingly or recklessly, the court may, in addition to or instead of imposing the penalty prescribed by that subsection, sentence the person to imprisonment for a term not exceeding 12 months. Cap 509A s 7 Responsibilities of responsible person with respect to means of egress from workplace PART III FIRE PRECAUTIONS (1) The person responsible for a workplace must ensure that, while the workplace is in use, all doors that provide egress from the workplace are kept unlocked or are otherwise fastened in such a manner that they can easily be opened from inside the workplace. (2) The person responsible for a workplace located in a building (being a building with a plan or plans approved by the Building Authority under Part II of the Buildings Ordinance (Cap 123)) must ensure that an illuminated exit sign bearing the word "EXIT" and the characters "出口" is installed, in accordance with a Code of Practice published from time to time by the Director of Fire Services, at each exit from the workplace. |
