B. Factories and Industrial Undertakings Ordinance

B. Factories and Industrial Undertakings Ordinance

The Factories and Industrial Undertakings Ordinance (Cap. 59 of the Laws of Hong Kong) provides for the safety and health protection of workers in the industrial sector. This ordinance applies to industrial undertakings, i.e. factories, construction sites, catering establishments, cargo and container handling undertakings, repair workshops and other industrial workplaces.

The ordinance imposes general duties on proprietors and persons who are employed in industrial undertakings to ensure safety and health at work.

All proprietors must take care of the safety and health at work of all persons who are employed by them in an industrial undertaking by:

• providing and maintaining plant and work systems that do not endanger safety or health;
• making arrangements to ensure safety and health in connection with the use, handling, storage or transport of plant or substances;
• providing all necessary information, instruction, training, and supervision for ensuring safety and health;
• providing and maintaining safe access to and egress from the workplace; and
• providing and maintaining a safe and healthy work environment.

Offences and penalties

Proprietors of industrial undertakings who contravene these requirements may be liable to a fine of $500,000. If proprietors wilfully and without reasonable excuse commit such an offence, then they may be liable to a fine of $500,000 and to imprisonment for 6 months.

All persons who are employed at an industrial undertaking should also contribute to safety and health at work by:

• taking care for the safety and health of themselves and other persons in the workplace; and
• using any equipment or following any system or work practices provided by the proprietor.

Offences and penalties

Persons who contravene these requirements may be liable to a fine of $25,000. Persons who are employed at an industrial undertaking who wilfully and without reasonable excuse do anything while at work likely to endanger themselves or other persons may be liable to a fine of $50,000 and to imprisonment for 6 months.