Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY MANAGEMENT) REGULATION - SECT 2

Interpretation

(1) In this Regulation, unless the context otherwise requires-

"construction site" (建築地盤) means a place where construction work is
undertaken and also any area in the immediate vicinity of any such place which
is used for the storage of materials or plant used or intended to be used for
the purpose of the construction work;

"copy" (文本), in relation to any document, includes the original of the
document;

"designated undertaking" (指定經營) means an industrial undertaking
involving any of the following activities-

   (a)  the generation, transformation and transmission of electricity;

   (b)  the generation and transmission of town gas, or liquefied petroleum
        gas, within the meaning of section 2 of the Gas Safety Ordinance (
        Cap 51); or

   (c)  container handling;

"disciplinary board" (紀律審裁委員會) means a disciplinary board
appointed under section 27(1);

"disciplinary board panel" (紀律審裁委員團) means the
disciplinary board panel appointed under section 26(1);

"registered" (註冊) means registered under section 6(1) as a safety auditor
or scheme operator;

"registered person" (註冊人士) means a registered safety auditor or
registered  scheme operator;

"registered safety auditor" (註冊安全審核員) means a person registered
as a safety auditor;

"registered scheme operator" (註冊計劃營辦人) means a person registered
as a scheme operator;

"relevant industrial undertaking" (有關工業經營), in relation to a
proprietor or contractor specified in Schedule 3, means the industrial
undertaking specified in that Schedule (and howsoever worded) in connection
with the proprietor or contractor, as the case may be;

"safety audit" (安全審核) means an arrangement for-

   (a)  collecting, assessing and verifying information on the efficiency,
        effectiveness and reliability of a safety management system

(including the elements specified in Schedule 4 contained in the system); and

   (b)  considering improvements to the system;

"safety audit report" (安全審核報告) means a report compiled by a
registered  safety auditor after the completion of a safety audit;

"safety auditor" (安全審核員) means a person who conducts or proposes to
conduct safety audits;

"safety committee" (安全委員會) means a safety committee established
under section 10;

"safety management" (安全管理) means the management functions connected
with the carrying on of an industrial undertaking that relate to the safety of
personnel in the undertaking, including-

   (a)  the planning, developing, organizing and implementing of a safety
        policy; and

   (b)  the measuring, auditing or reviewing of the performance of those
        functions;

"safety management system" (安全管理制度) means a system which provides
safety  management in an industrial undertaking;

"safety review" (安全查核) means an arrangement for-

   (a)  reviewing the effectiveness of a safety management system

(including the elements specified in Schedule 4 contained in the system); and

   (b)  considering improvements to the effectiveness of the system;

"safety review officer" (安全查核員) means a person who is appointed to
conduct a safety review under section 19(1)(a);

"safety review report" (安全查核報告) means a report compiled by a
safety review  officer after the completion of a safety review;

"scheme" (計劃) means a scheme to train persons to be safety auditors;

"scheme operator" (計劃營辦人) means a person who operates or proposes to
operate a scheme;

"shipyard" (船廠) means any yard or dry dock (including the precincts
thereof) in which ships or vessels, except ships or vessels afloat, are
constructed, reconstructed, maintained, repaired, refitted, finished or broken
up.

(2) Subject to section 16(4), a reference in Part IV to a
registered safety auditor does not include a registered safety auditor whose
registration is for the time being suspended under this Regulation.

(3) For the avoidance of doubt, it is hereby declared that-

   (a)  compliance with subsection (1), (2), (3) or (4) of section 8 by a
        proprietor or contractor in respect of a
        relevant industrial undertaking specified in Part 1, 2, 3 or 4 of
        Schedule 3 shall not be treated as compliance with that subsection, or
        another subsection of that section, by the proprietor or contractor,
        as the case may be, in respect of any other
        relevant industrial undertaking specified in the same Part, or another
        Part, of that Schedule;

   (b)  where a proprietor or contractor is required under this Regulation to
        develop, implement and maintain in respect of the relevant 
        industrial undertaking a safety management system which contains 1 or
        more of the elements specified in Schedule 4, that requirement does
        not extend to any of those elements contained in provisions which have
        not commenced.

"construction site" (建築地盤)

"copy" (文本)

"designated undertaking" (指定經營)

"disciplinary board" (紀律審裁委員會)

"disciplinary board panel" (紀律審裁委員團)

"registered" (註冊)

"registered person" (註冊人士)

"registered safety auditor" (註冊安全審核員)

"registered scheme operator" (註冊計劃營辦人)

"relevant industrial undertaking" (有關工業經營)

"safety audit" (安全審核)

"safety audit report" (安全審核報告)

"safety auditor" (安全審核員)

"safety committee" (安全委員會)

"safety management" (安全管理)

"safety management system" (安全管理制度)

"safety review" (安全查核)

"safety review officer" (安全查核員)

"safety review report" (安全查核報告)

"scheme" (計劃)

"scheme operator" (計劃營辦人)

"shipyard" (船廠)