Hong Kong Regulations

OCCUPATIONAL SAFETY AND HEALTH REGULATION - SECT 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.