CONSTRUCTION SITES (SAFETY) REGULATIONS - CHAPTER 59I CONSTRUCTION SITES (SAFETY) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 59, section 7) [21 July 1978] (L.N. 159 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Construction Sites (Safety) Regulations. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 2 Interpretation VerDate:28/11/2003 "builder's lift" (建築工地升降機) "competent examiner" (合資格檢驗員) "competent person" (合資格的人) "construction site" (建築地盤) "crane" (起重機) "direct control" (直接控制) "hoist" (吊重機) "ladder" (梯子) "lifting appliance" (起重機械) "lifting gear" (起重裝置) "maintained" (維修、保持) "material" (物料) "place of work" (工作地方) "plant" (工業裝置) "prime mover" (原動機) "raising or lowering or as a means of suspension" (升降或作懸吊之用) "safe working load" (安全操作負荷) "safety belt" (安全帶) "scaffold" (棚架) "suspended working platform" (吊船) "tower working platform" (塔式工作平台) "transmission machinery" (傳動機械) "used" or "in use" (用、使用) "working platform" (工作平台) "workman" (工人) (1) In these regulations, unless the context otherwise requires- "builder's lift" (建築工地升降機) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "competent examiner" (合資格檢驗員), in relation to the carrying out of any test and examination required by these regulations, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the test and examination is carried out; (L.N. 285 of 1993) (b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within a relevant discipline specified by the Commissioner; and (L.N. 285 of 1993) (c) by reason of his qualifications, training and experience, competent to carry out the test and examination; (L.N. 285 of 1993) "competent person" (合資格的人), in relation to any duty to be performed under these regulations by a competent person, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the duty is carried out by a competent person; and (b) by reason of substantial training and practical experience, competent to perform the duty; "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; "crane" (起重機) means any appliance equipped with mechanical means of raising and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of a crane; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyor whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; "direct control" (直接控制), in relation to any construction work, process, excavation, operation, or erection, substantial addition, alteration or dismantling of scaffold, means control over the way the construction work, process, excavation, operation, or erection, substantial addition, alteration or dismantling of scaffold, as the case may be, is carried out; (L.N. 258 of 2003) "hoist" (吊重機) means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides; and also the supports, well and enclosures, and the carriage, platform or cage, and the whole of the mechanical and electrical apparatus (if any) required in connexion with the operation and safety of a hoist, but does not include a builder's lift or a tower working platform; (L.N. 280 of 1978; L.N. 552 of 1995) "ladder" (梯子) includes a folding step-ladder; (L.N. 238 of 1983; L.N. 76 of 1999) "lifting appliance" (起重機械) means a crab, winch, pulley block, or gin wheel used for raising or lowering and a hoist, crane, sheerlegs, excavator, drag line, pile driver, pile extractor, or overhead runway; "lifting gear" (起重裝置) means a chain sling, rope sling or similar gear, and a ring, link, hook, plate clamp, shackle, swivel or eyebolt; (L.N. 280 of 1978) "maintained" (維修、保持) means maintained in an efficient state, in efficient working order and in good repair; "material" (物料), except in regulations 5, 29, 39 and 61, includes waste material and debris; "place of work" (工作地方) means any place which is used by any person for the purposes of- (a) construction work; or (b) any work activities arising from, or in connection with, construction work, and includes any place to which such a person has access whilst at work; (L.N. 76 of 1999) "plant" (工業裝置) includes any plant, equipment, gear, machinery, apparatus, or appliance, or any part thereof; "prime mover" (原動機) means any engine, motor, or other appliance, which provides mechanical energy derived from- (a) steam or electricity; (b) the combustion of fuel; or (c) any other source; "raising or lowering or as a means of suspension" (升降或作懸吊之用) means raising or lowering or as a means of suspension of a load on a lifting appliance or lifting gear; "safe working load" (安全操作負荷), in relation to a lifting appliance or to lifting gear, means either- (a) the appropriate safe working load for operating the appliance or gear as specified in the current certificate of test given in the approved form by a competent examiner in respect of the appliance or gear for the purposes of these regulations; or (L.N. 21 of 1994) (b) where no such certificate is required, the relevant safe working load appropriate to the lifting appliance or lifting gear; (L.N. 280 of 1978) "safety belt" (安全帶) includes a safety harness; (L.N. 76 of 1999) "scaffold" (棚架) means any temporarily provided structure on or from which persons perform work in connexion with operations or works to which these regulations apply, and any temporarily provided structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or to support other plant or equipment; (L.N. 238 of 1983) "suspended working platform" (吊船) means a suspended working platform within the meaning of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap 59 sub. leg. AC); (L.N. 76 of 1999) "tower working platform" (塔式工作平台) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "transmission machinery" (傳動機械) means any shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt, or other device, by which the motion of a prime mover is transmitted to or received by any plant; "used" or "in use" (用、使用), in relation to any plant, means used or in use in construction work; "working platform" (工作平台) includes a working stage; (L.N. 238 of 1983) "workman" (工人) means a person engaged in construction work. (2) For the purposes of these regulations- (a) a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking work there; (b) a contractor is responsible for any plant referred to in these regulations if it is located at a construction site for which he is responsible. (L.N. 76 of 1999; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 2 Interpretation VerDate:01/10/1999 (1) In these regulations, unless the context otherwise requires- "builder's lift" (建築工地升降機) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "competent examiner" (合資格檢驗員), in relation to the carrying out of any test and examination required by these regulations, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the test and examination is carried out; (L.N. 285 of 1993) (b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within a relevant discipline specified by the Commissioner; and (L.N. 285 of 1993) (c) by reason of his qualifications, training and experience, competent to carry out the test and examination; (L.N. 285 of 1993) "competent person" (合資格的人), in relation to any duty to be performed under these regulations by a competent person, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the duty is carried out by a competent person; and (b) by reason of substantial training and practical experience, competent to perform the duty; "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; "crane" (起重機) means any appliance equipped with mechanical means of raising and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of a crane; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyor whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; "hoist" (吊重機) means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides; and also the supports, well and enclosures, and the carriage, platform or cage, and the whole of the mechanical and electrical apparatus (if any) required in connexion with the operation and safety of a hoist, but does not include a builder's lift or a tower working platform; (L.N. 280 of 1978; L.N. 552 of 1995) "ladder" (梯子) includes a folding step-ladder; (L.N. 238 of 1983; L.N. 76 of 1999) "lifting appliance" (起重機械) means a crab, winch, pulley block, or gin wheel used for raising or lowering and a hoist, crane, sheerlegs, excavator, drag line, pile driver, pile extractor, or overhead runway; "lifting gear" (起重裝置) means a chain sling, rope sling or similar gear, and a ring, link, hook, plate clamp, shackle, swivel or eyebolt; (L.N. 280 of 1978) "maintained" (維修、保持) means maintained in an efficient state, in efficient working order and in good repair; "material" (物料), except in regulations 5, 29, 39 and 61, includes waste material and debris; "place of work" (工作地方) means any place which is used by any person for the purposes of- (a) construction work; or (b) any work activities arising from, or in connection with, construction work, and includes any place to which such a person has access whilst at work; (L.N. 76 of 1999) "plant" (工業裝置) includes any plant, equipment, gear, machinery, apparatus, or appliance, or any part thereof; "prime mover" (原動機) means any engine, motor, or other appliance, which provides mechanical energy derived from- (a) steam or electricity; (b) the combustion of fuel; or (c) any other source; "raising or lowering or as a means of suspension" (升降或作懸吊之用) means raising or lowering or as a means of suspension of a load on a lifting appliance or lifting gear; "safe working load" (安全操作負荷), in relation to a lifting appliance or to lifting gear, means either- (a) the appropriate safe working load for operating the appliance or gear as specified in the current certificate of test given in the approved form by a competent examiner in respect of the appliance or gear for the purposes of these regulations; or (L.N. 21 of 1994) (b) where no such certificate is required, the relevant safe working load appropriate to the lifting appliance or lifting gear; (L.N. 280 of 1978) "safety belt" (安全帶) includes a safety harness; (L.N. 76 of 1999) "scaffold" (棚架) means any temporarily provided structure on or from which persons perform work in connexion with operations or works to which these regulations apply, and any temporarily provided structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or to support other plant or equipment; (L.N. 238 of 1983) "subcontractor" (次承建商) means a person employed by a contractor to perform construction work under a contract for services; "suspended working platform" (吊船) means a suspended working platform within the meaning of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap 59 sub. leg. AC); (L.N. 76 of 1999) "tower working platform" (塔式工作平台) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "transmission machinery" (傳動機械) means any shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt, or other device, by which the motion of a prime mover is transmitted to or received by any plant; "used" or "in use" (用、使用), in relation to any plant, means used or in use in construction work; "working platform" (工作平台) includes a working stage; (L.N. 238 of 1983) "workman" (工人) means a person engaged in construction work. (2) For the purposes of these regulations- (a) a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking work there; (b) a contractor is responsible for any plant referred to in these regulations if it is located at a construction site for which he is responsible. (L.N. 76 of 1999) "builder's lift" (建築工地升降機) "competent examiner" (合資格檢驗員) "competent person" (合資格的人) "construction site" (建築地盤) "crane" (起重機) "hoist" (吊重機) "ladder" (梯子) "lifting appliance" (起重機械) "lifting gear" (起重裝置) "maintained" (維修、保持) "material" (物料) "place of work" (工作地方) "plant" (工業裝置) "prime mover" (原動機) "raising or lowering or as a means of suspension" (升降或作懸吊之用) "safe working load" (安全操作負荷) "safety belt" (安全帶) "scaffold" (棚架) "subcontractor" (次承建商) "suspended working platform" (吊船) "tower working platform" (塔式工作平台) "transmission machinery" (傳動機械) "used" or "in use" (用、使用) "working platform" (工作平台) "workman" (工人) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 (1) In these regulations, unless the context otherwise requires- "builder's lift" (建築工地升降機) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "competent examiner" (合資格檢驗員), in relation to the carrying out of any test and examination required by these regulations, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the test and examination is carried out; (L.N. 285 of 1993) (b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within a relevant discipline specified by the Commissioner; and (L.N. 285 of 1993) (c) by reason of his qualifications, training and experience, competent to carry out the test and examination; (L.N. 285 of 1993) "competent person" (合資格的人), in relation to any duty to be performed under these regulations by a competent person, means a person who is- (a) appointed for that purpose by the contractor required by these regulations to ensure that the duty is carried out by a competent person; and (b) by reason of substantial training and practical experience, competent to perform the duty; "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; "crane" (起重機) means any appliance equipped with mechanical means of raising and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of a crane; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyor whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; "hoist" (吊重機) means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides; and also the supports, well and enclosures, and the carriage, platform or cage, and the whole of the mechanical and electrical apparatus (if any) required in connexion with the operation and safety of a hoist, but does not include a builder's lift or a tower working platform; (L.N. 280 of 1978; L.N. 552 of 1995) "ladder" (梯子) does not include a folding step-ladder; (L.N. 238 of 1983) "ladder scaffold" (梯式棚架) means a scaffold with a working platform which is supported directly on a ladder by means of a crutch or bracket on a rung or rungs of a ladder; (L.N. 238 of 1983) "lifting appliance" (起重機械) means a crab, winch, pulley block, or gin wheel used for raising or lowering and a hoist, crane, sheerlegs, excavator, drag line, pile driver, pile extractor, or overhead runway; "lifting gear" (起重裝置) means a chain sling, rope sling or similar gear, and a ring, link, hook, plate clamp, shackle, swivel or eyebolt; (L.N. 280 of 1978) "maintained" (維修、保持) means maintained in an efficient state, in efficient working order and in good repair; "material" (物料), except in regulations 5, 29, 39 and 61, includes waste material and debris; "plant" (工業裝置) includes any plant, equipment, gear, machinery, apparatus, or appliance, or any part thereof; "prime mover" (原動機) means any engine, motor, or other appliance, which provides mechanical energy derived from- (a) steam or electricity; (b) the combustion of fuel; or (c) any other source; "raising or lowering or as a means of suspension" (升降或作懸吊之用) means raising or lowering or as a means of suspension of a load on a lifting appliance or lifting gear; "safe working load" (安全操作負荷), in relation to a lifting appliance or to lifting gear, means either- (a) the appropriate safe working load for operating the appliance or gear as specified in the current certificate of test given in the approved form by a competent examiner in respect of the appliance or gear for the purposes of these regulations; or (L.N. 21 of 1994) (b) where no such certificate is required, the relevant safe working load appropriate to the lifting appliance or lifting gear; (L.N. 280 of 1978) "scaffold" (棚架) means any temporarily provided structure on or from which persons perform work in connexion with operations or works to which these regulations apply, and any temporarily provided structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or to support other plant or equipment; (L.N. 238 of 1983) "slung scaffold" (吊索式棚架) means a scaffold suspended by means of lifting gear, ropes or chains or rigid members and not provided with means of raising or lowering by a lifting appliance or similar device; (L.N. 238 of 1983) "subcontractor" (次承建商) means a person employed by a contractor to perform construction work under a contract for services; "suspended scaffold" (懸吊式棚架) means a scaffold (not being a slung scaffold) suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain's chair or similar appliance; (L.N. 238 of 1983) "tower working platform" (塔式工作平台) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995) "transmission machinery" (傳動機械) means any shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt, or other device, by which the motion of a prime mover is transmitted to or received by any plant; "trestle scaffold" (排架式棚架) includes a scaffold in which the supports for the platform are any of the following which are self-supporting that is to say, split heads, folding step-ladders, tripods or movable contrivances similar to any of the foregoing; (L.N. 238 of 1983) "used" or "in use" (用、使用), in relation to any plant, means used or in use in construction work; "working platform" (工作平台) includes a working stage; (L.N. 238 of 1983) "workman" (工人) means a person engaged in construction work. (2) For the purposes of these regulations- (a) a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking work there; (b) a contractor is responsible for any plant referred to in these regulations if it is located at a construction site for which he is responsible. "builder's lift" (建築工地升降機) "competent examiner" (合資格檢驗員) "competent person" (合資格的人) "construction site" (建築地盤) "crane" (起重機) "hoist" (吊重機) "ladder" (梯子) "ladder scaffold" (梯式棚架) "lifting appliance" (起重機械) "lifting gear" (起重裝置) "maintained" (維修、保持) "material" (物料) "plant" (工業裝置) "prime mover" (原動機) "raising or lowering or as a means of suspension" (升降或作懸吊之用) "safe working load" (安全操作負荷) "scaffold" (棚架) "slung scaffold" (吊索式棚架) "subcontractor" (次承建商) "suspended scaffold" (懸吊式棚架) "tower working platform" (塔式工作平台) "transmission machinery" (傳動機械) "trestle scaffold" (排架式棚架) "used" or "in use" (用、使用) "working platform" (工作平台) "workman" (工人) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 3 Application of regulations VerDate:30/06/1997 These regulations apply to- (a) all construction work; (b) all construction sites; and (c) the machinery, plant, tools, gear and materials with which any construction work is carried on. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 4 Exemptions VerDate:30/06/1997 If the Commissioner is satisfied that, in case of any particular class or description of plant or of any special description or method of work, the application of any requirement of these regulations relating to safety or health is, in certain circumstances, not necessary in the interests of safety or not reasonably practicable, he may, by certificate in writing under his hand, grant an exemption from that requirement in the case of that class or description of plant or of that special description or method of work in such circumstances and subject to such conditions as may be specified in the certificate. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 4A Restriction on employment of persons under 18 years of age on construction sites VerDate:01/01/2008 PART IA EMPLOYMENT OF PERSONS UNDER 18 ON CONSTRUCTION SITES (1) The contractor responsible for a construction site shall ensure that no person under 18 years of age is employed at any place on the site unless that person- (a) is apprenticed to that contractor or to any other contractor engaged in work at that site, under a contract of apprenticeship registered under the Apprenticeship Ordinance (Cap 47); (b) has completed an apprenticeship and possesses a certificate of completion issued under the Apprenticeship Ordinance (Cap 47); (c) has undertaken an approved training course and possesses a certificate of completion in respect of that course issued by the Authority in such form as the Authority may determine for that purpose; or (d) is undergoing on-site training, as part of an approved training course, under the supervision of any person authorized in writing by the Authority for that purpose. (1A) Any contractor who has direct control over any construction work shall ensure that no person under 18 years of age is employed to carry out the construction work unless that person satisfies one or more of the descriptions set out in paragraph (1)(a), (b), (c) or (d). (L.N. 258 of 2003) (2) In this regulation- "approved training course" (認可訓練課程) means such training course provided by the Authority as the Commissioner may approve from time to time for the purposes of this regulation; "Authority" (當局) means- (12 of 2006 s. 84) (a) the body known as the Construction Industry Training Authority before the commencement* of section 71 of the Construction Industry Council Ordinance (Cap 587); or (b) the Construction Industry Council established by section 4 of the Construction Industry Council Ordinance (Cap 587). (12 of 2006 s. 84) (Part IA added L.N. 221 of 1994) ___________________________________________________________________________ ____ * Commencement date: 1 January 2008. "approved training course" (認可訓練課程) "Authority" (當局) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 4A Restriction on employment of persons under 18 years of age on construction sites VerDate:28/11/2003 "approved training course" (認可訓練課程) "Authority" (當局) PART IA EMPLOYMENT OF PERSONS UNDER 18 ON CONSTRUCTION SITES (1) The contractor responsible for a construction site shall ensure that no person under 18 years of age is employed at any place on the site unless that person- (a) is apprenticed to that contractor or to any other contractor engaged in work at that site, under a contract of apprenticeship registered under the Apprenticeship Ordinance (Cap 47); (b) has completed an apprenticeship and possesses a certificate of completion issued under the Apprenticeship Ordinance (Cap 47); (c) has undertaken an approved training course and possesses a certificate of completion in respect of that course issued by the Authority in such form as the Authority may determine for that purpose; or (d) is undergoing on-site training, as part of an approved training course, under the supervision of any person authorized in writing by the Authority for that purpose. (1A) Any contractor who has direct control over any construction work shall ensure that no person under 18 years of age is employed to carry out the construction work unless that person satisfies one or more of the descriptions set out in paragraph (1)(a), (b), (c) or (d). (L.N. 258 of 2003) (2) In this regulation- "approved training course" (認可訓練課程) means such training course provided by the Authority as the Commissioner may approve from time to time for the purposes of this regulation; "Authority" (當局) means the Construction Industry Training Authority established under the Industrial Training (Construction Industry) Ordinance (Cap 317). (Part IA added L.N. 221 of 1994) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 4A Restriction on employment of persons under 18 years of age on construction sites VerDate:30/06/1997 PART IA EMPLOYMENT OF PERSONS UNDER 18 ON CONSTRUCTION SITES (1) The contractor responsible for a construction site shall ensure that no person under 18 years of age is employed at any place on the site unless that person- (a) is apprenticed to that contractor or to any other contractor engaged in work at that site, under a contract of apprenticeship registered under the Apprenticeship Ordinance (Cap 47); (b) has completed an apprenticeship and possesses a certificate of completion issued under the Apprenticeship Ordinance (Cap 47); (c) has undertaken an approved training course and possesses a certificate of completion in respect of that course issued by the Authority in such form as the Authority may determine for that purpose; or (d) is undergoing on-site training, as part of an approved training course, under the supervision of any person authorized in writing by the Authority for that purpose. (2) In this regulation- "approved training course" (認可訓練課程) means such training course provided by the Authority as the Commissioner may approve from time to time for the purposes of this regulation; "Authority" (當局) means the Construction Industry Training Authority established under the Industrial Training (Construction Industry) Ordinance (Cap 317). (Part IA added L.N. 221 of 1994) "approved training course" (認可訓練課程) "Authority" (當局) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 5 Construction, maintenance, and inspection of hoist VerDate:28/11/2003 PART II USE OF HOIST ETC. (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used unless- (L.N. 258 of 2003) (a) it is of good mechanical construction, made of strong and sound materials, and free from patent defect; (b) it is properly maintained; (c) the arrangements for fixing and anchoring the hoist are adequate to secure its safety; (d) it is adequately and securely supported; and (L.N. 280 of 1978) (e) every structure supporting it is of good construction and adequate strength, of sound materials and free from patent defect. (L.N. 280 of 1978; L.N. 307 of 1998) (2) The contractor responsible for any hoist which is in use and any contractor who has direct control over any construction work which involves the use of the hoist shall- (L.N. 258 of 2003) (a) cause it to be inspected at least once in each week in which it is in use- (i) by the driver or operator; or (ii) if the driver or operator is not competent for the purpose, by a competent person; and (b) ensure that after any such inspection, the hoist is not used unless there has been obtained in respect of the inspection, or any further inspection that may be necessary as a result of any defect discovered in the hoist on that inspection, a report in the approved form which includes a statement to the effect that the hoist is in safe working order. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 5 Construction, maintenance, and inspection of hoist VerDate:04/09/1998 PART II USE OF HOIST ETC. (1) The contractor responsible for a hoist shall ensure that it is not used unless- (a) it is of good mechanical construction, made of strong and sound materials, and free from patent defect; (b) it is properly maintained; (c) the arrangements for fixing and anchoring the hoist are adequate to secure its safety; (d) it is adequately and securely supported; and (L.N. 280 of 1978) (e) every structure supporting it is of good construction and adequate strength, of sound materials and free from patent defect. (L.N. 280 of 1978; L.N. 307 of 1998) (2) The contractor responsible for any hoist which is in use shall- (a) cause it to be inspected at least once in each week in which it is in use- (i) by the driver or operator; or (ii) if the driver or operator is not competent for the purpose, by a competent person; and (b) ensure that after any such inspection, the hoist is not used unless there has been obtained in respect of the inspection, or any further inspection that may be necessary as a result of any defect discovered in the hoist on that inspection, a report in the approved form which includes a statement to the effect that the hoist is in safe working order. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 5 Construction, maintenance, and inspection of hoist VerDate:30/06/1997 PART II USE OF HOIST ETC. (1) The contractor responsible for a hoist shall ensure that it is not used unless- (a) it is of good mechanical construction, made of strong and sound materials, and free from patent defect; (b) it is properly maintained; (c) the arrangements for fixing and anchoring the hoist are adequate to secure its safety; (d) it is adequately and securely supported; and (L.N. 280 of 1978) (e) every structure supporting it is of good construction and adequate strength, of sound materials and free from patent defect. (L.N. 280 of 1978) (2) The contractor responsible for any hoist which is in use shall- (a) cause it to be inspected at least once in each week in which it is in use- (i) by the driver or operator; or (ii) if the driver or operator is not competent for the purpose, by a competent person; and (b) ensure that after any such inspection, the hoist is not used unless there has been obtained in respect of the inspection, or any further inspection that may be necessary as a result of any defect discovered in the hoist on that inspection, a report in the approved form which includes a statement to the effect that the hoist is in safe working order. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 6 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 (Repealed L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 7 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 (Repealed L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 8 Cabins for drivers VerDate:28/11/2003 Subject to regulation 8A, the contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used unless it is provided with a suitable cabin which- (L.N. 280 of 1978; L.N. 258 of 2003) (a) affords the driver or operator of the hoist adequate protection from the weather; and (b) is so constructed as to- (i) give him a clear and unrestricted view that will enable him to use the hoist safely; and (ii) afford ready access to those parts of the hoist that are within the cabin and require periodic inspection or maintenance. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 8 Cabins for drivers VerDate:30/06/1997 Subject to regulation 8A, the contractor responsible for a hoist shall ensure that it is not used unless it is provided with a suitable cabin which- (L.N. 280 of 1978) (a) affords the driver or operator of the hoist adequate protection from the weather; and (b) is so constructed as to- (i) give him a clear and unrestricted view that will enable him to use the hoist safely; and (ii) afford ready access to those parts of the hoist that are within the cabin and require periodic inspection or maintenance. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 8A Exemption from cabin requirements VerDate:30/06/1997 Regulation 8 shall not apply- (a) where the driver or operator is indoors or otherwise adequately protected from the weather; (b) to a hoist other than a hoist operated only from one position alongside the winch; (c)-(e) (Repealed L.N. 285 of 1993) (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 9 Drums and pulleys VerDate:28/11/2003 (1) The contractor responsible for any hoist which has a drum or pulley on which a rope is carried and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that the hoist is not used unless the drum or pulley is of sufficient diameter and construction for the rope used. (L.N. 258 of 2003) (2) If the rope terminates at the winding drum of the hoist, the contractors shall ensure that the hoist is not used unless- (L.N. 258 of 2003) (a) the rope is properly secured to the drum; and (b) at least two turns of the rope remain on the drum at every operating position of the hoist. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 9 Drums and pulleys VerDate:30/06/1997 (1) The contractor responsible for any hoist which has a drum or pulley on which a rope is carried shall ensure that the hoist is not used unless the drum or pulley is of sufficient diameter and construction for the rope used. (2) If the rope terminates at the winding drum of the hoist, the contractor shall ensure that the hoist is not used unless- (a) the rope is properly secured to the drum; and (b) at least two turns of the rope remain on the drum at every operating position of the hoist. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 10 Brakes, controls, safety devices, etc. VerDate:28/11/2003 (1) The contractor responsible for a winch and any contractor who has direct control over any construction work which involves the use of the winch shall ensure that it is not used unless it is fitted with one or more efficient brakes, or other similar safety devices, which will prevent a load suspended from the appliance from falling out of control or dangerously. (L.N. 258 of 2003) (2) Subject to paragraph (3), the contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used unless- (L.N. 258 of 2003) (a) every lever, handle, switch, or other device used for controlling the operation of any part of the hoist (being a lever, handle, switch, or other device the accidental movement or displacement of which is liable to cause danger) is, where practicable (unless it is so placed or the hoist is so constructed as to prevent accidental movement or displacement), provided with a suitable spring or other locking arrangement to prevent any such accidental movement or displacement; and (b) every lever, handle, switch, or other device for controlling the operation of any part of the hoist has either on or adjacent to it clear markings to indicate its purpose and the mode of operation. (3) Where, at the date of the commencement of these regulations, a hoist is in use and continues subsequently to be used, it shall be sufficient if the requirements of paragraph (2)(a) are complied with not later than 12 months after that date. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 10 Brakes, controls, safety devices, etc. VerDate:30/06/1997 (1) The contractor responsible for a winch shall ensure that it is not used unless it is fitted with one or more efficient brakes, or other similar safety devices, which will prevent a load suspended from the appliance from falling out of control or dangerously. (2) Subject to paragraph (3), the contractor responsible for a hoist shall ensure that it is not used unless- (a) every lever, handle, switch, or other device used for controlling the operation of any part of the hoist (being a lever, handle, switch, or other device the accidental movement or displacement of which is liable to cause danger) is, where practicable (unless it is so placed or the hoist is so constructed as to prevent accidental movement or displacement), provided with a suitable spring or other locking arrangement to prevent any such accidental movement or displacement; and (b) every lever, handle, switch, or other device for controlling the operation of any part of the hoist has either on or adjacent to it clear markings to indicate its purpose and the mode of operation. (3) Where, at the date of the commencement of these regulations, a hoist is in use and continues subsequently to be used, it shall be sufficient if the requirements of paragraph (2)(a) are complied with not later than 12 months after that date. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 11 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 12 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 13 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 14 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 15 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 16 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 17 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 18 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 19 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 20 Trained workmen to operate hoist or give signals VerDate:28/11/2003 (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that, when it is used on a construction site, it is not operated except by a workman who is trained and competent to operate it: (L.N. 258 of 2003) Provided that the hoist may be operated by a workman not so qualified if he is operating it under the supervision of another workman who is so qualified. (2) The contractor responsible for a hoist driven by mechanical power and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that no workman under 18 years of age is employed- (L.N. 258 of 2003) (a) to operate the hoist; or (b) to give signals to the driver of the hoist. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 20 Trained workmen to operate hoist or give signals VerDate:30/06/1997 (1) The contractor responsible for a hoist shall ensure that, when it is used on a construction site, it is not operated except by a workman who is trained and competent to operate it: Provided that the hoist may be operated by a workman not so qualified if he is operating it under the supervision of another workman who is so qualified. (2) The contractor responsible for a hoist driven by mechanical power shall ensure that no workman under 18 years of age is employed- (a) to operate the hoist; or (b) to give signals to the driver of the hoist. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 21 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 22 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 23 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 24 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 25 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 26 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 27 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 28 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 28A (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 29 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 PART III (Repealed L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 30 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 30A (Repealed L.N. 285 of 1993) VerDate:30/06/1997 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 31 Safety of hoistways, platforms and cages VerDate:28/11/2003 PART IV SPECIAL PROVISIONS AS TO HOISTS (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used unless- (L.N. 258 of 2003) (a) the hoistway of the hoist is, at all points at which access to the hoistway is provided or at which persons are in danger of being struck by a moving part of the hoist, efficiently protected by a substantial enclosure; (b) the enclosure is, where access to and egress from the hoist is required, fitted with secure gates; (c) the enclosure and gates where practicable extend to a height of at least 2 metres unless a lower height (being not less than 900 millimetres) is sufficient to prevent a person from falling down the hoistway and there is no risk of any person coming into contact with any moving part of the hoist; and (L.N. 238 of 1983) (d) the gates are kept closed, except where the platform or cage is at rest at a landing place and it is for the time being necessary for the gate to be opened for the purpose of loading or unloading goods, plant, or material. (L.N. 552 of 1995) (2) Every person using a hoist shall ensure that the gate is closed immediately after use unless it is for the time being necessary to keep the gate open in accordance with paragraph (1)(d). (3) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist, shall- (L.N. 258 of 2003) (a) unless it is impracticable to do so, provide and maintain efficient devices which will support its platform or cage and its safe working load in the event of the failure of the hoist rope or ropes or any of the hoisting gear; and (b) provide and maintain one or more efficient automatic devices which will ensure that the platform or cage of the hoist does not pass the highest point to which it is designed to travel. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 31 Safety of hoistways, platforms and cages VerDate:30/06/1997 PART IV SPECIAL PROVISIONS AS TO HOISTS (1) The contractor responsible for a hoist shall ensure that it is not used unless- (a) the hoistway of the hoist is, at all points at which access to the hoistway is provided or at which persons are in danger of being struck by a moving part of the hoist, efficiently protected by a substantial enclosure; (b) the enclosure is, where access to and egress from the hoist is required, fitted with secure gates; (c) the enclosure and gates where practicable extend to a height of at least 2 metres unless a lower height (being not less than 900 millimetres) is sufficient to prevent a person from falling down the hoistway and there is no risk of any person coming into contact with any moving part of the hoist; and (L.N. 238 of 1983) (d) the gates are kept closed, except where the platform or cage is at rest at a landing place and it is for the time being necessary for the gate to be opened for the purpose of loading or unloading goods, plant, or material. (L.N. 552 of 1995) (2) Every person using a hoist shall ensure that the gate is closed immediately after use unless it is for the time being necessary to keep the gate open in accordance with paragraph (1)(d). (3) The contractor responsible for a hoist shall- (a) unless it is impracticable to do so, provide and maintain efficient devices which will support its platform or cage and its safe working load in the event of the failure of the hoist rope or ropes or any of the hoisting gear; and (b) provide and maintain one or more efficient automatic devices which will ensure that the platform or cage of the hoist does not pass the highest point to which it is designed to travel. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 32 Operation of hoists VerDate:28/11/2003 (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that- (L.N. 258 of 2003) (a) it is not used unless it is, as far as practicable, constructed in such a way that it can be operated only from one position at any one time; and (b) (Repealed L.N. 552 of 1995) (2) Where a workman operating a hoist does not have a clear and unrestricted view of the hoist's carriage, platform or cage throughout its travel (except at points where such a view is not necessary for safe working), the contractor responsible for the hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall make effective arrangements for signals for operating the hoist to be given to the workman from each landing place at which the hoist is used and to enable him to stop the carriage, platform or cage at the appropriate level. (L.N. 280 of 1978; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 32 Operation of hoists VerDate:30/06/1997 (1) The contractor responsible for a hoist shall ensure that- (a) it is not used unless it is, as far as practicable, constructed in such a way that it can be operated only from one position at any one time; and (b) (Repealed L.N. 552 of 1995) (2) Where a workman operating a hoist does not have a clear and unrestricted view of the hoist's carriage, platform or cage throughout its travel (except at points where such a view is not necessary for safe working), the contractor responsible for the hoist shall make effective arrangements for signals for operating the hoist to be given to the workman from each landing place at which the hoist is used and to enable him to stop the carriage, platform or cage at the appropriate level. (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 33 Winches VerDate:28/11/2003 The contractor responsible for a hoist, which is operated by means of a winch, and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that the hoist is not used- (L.N. 258 of 2003) (a) unless the winch is so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position; or (b) if the winch is fitted with a pawl and ratchet gear on which the pawl has to be disengaged, before the platform or cage can be lowered. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 33 Winches VerDate:30/06/1997 The contractor responsible for a hoist, which is operated by means of a winch, shall ensure that the hoist is not used- (a) unless the winch is so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position; or (b) if the winch is fitted with a pawl and ratchet gear on which the pawl has to be disengaged, before the platform or cage can be lowered. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 34 Safe working load and marking of hoists VerDate:28/11/2003 (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall- (L.N. 258 of 2003) (a) cause the safe working load applicable to the hoist to be clearly and legibly marked on its platform or cage; and (b) ensure that it is not used to carry any load greater than that safe working load, except that for the purpose of carrying out a test under regulation 35 the safe working load may be exceeded by such amount as a competent examiner carrying out the test may authorize. (2) In addition to paragraph (1), every such contractor shall ensure that- (a) (Repealed L.N. 552 of 1995) (b) the hoist has marked or affixed to its platform or cage a clear and legible notice stating that the carriage of persons is prohibited. (L.N. 552 of 1995) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 34 Safe working load and marking of hoists VerDate:30/06/1997 (1) The contractor responsible for a hoist shall- (a) cause the safe working load applicable to the hoist to be clearly and legibly marked on its platform or cage; and (b) ensure that it is not used to carry any load greater than that safe working load, except that for the purpose of carrying out a test under regulation 35 the safe working load may be exceeded by such amount as a competent examiner carrying out the test may authorize. (2) In addition to paragraph (1), every such contractor shall ensure that- (a) (Repealed L.N. 552 of 1995) (b) the hoist has marked or affixed to its platform or cage a clear and legible notice stating that the carriage of persons is prohibited. (L.N. 552 of 1995) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 35 Test and examination of hoists VerDate:28/11/2003 (1) The contractor responsible for any hoist which is manufactured or substantially altered or substantially repaired after the commencement of these regulations and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used unless, since the date of its manufacture or of the alteration or repair, as the case may be- (L.N. 258 of 2003) (a) it has been tested and thoroughly examined by a competent examiner; and (b) there has been obtained from him in respect of the test and examination a certificate in the approved form, which includes a statement to the effect that the hoist is in a safe working condition. (2) (Repealed L.N. 552 of 1995) (3) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used, whether for carrying goods, or otherwise, unless, during the preceding 6 months- (L.N. 258 of 2003) (a) it has been thoroughly examined by a competent examiner; and (b) there has been obtained from him a report in the approved form which includes a statement to the effect that the hoist is in a safe working condition: Provided that a hoist may be used without obtaining a report under this paragraph if within the preceding 6 months there has been obtained under paragraph (1) a certificate which includes a statement to the effect that the hoist is in a safe working condition. (L.N. 552 of 1995) (4) A report under this regulation of a test or examination and the results thereof, signed by the person making or responsible for the carrying out of the test or examination, shall be- (a) made in the approved form and contain the prescribed particulars; and (b) delivered forthwith to the contractors concerned. (L.N. 258 of 2003) (5) The person making the report of any examination required by paragraph (3) shall, within 28 days of the completion of the examination, send to the Commissioner a copy of the report in every case where the examination shows that the hoist cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time. (L.N. 552 of 1995) (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 35 Test and examination of hoists VerDate:30/06/1997 (1) The contractor responsible for any hoist which is manufactured or substantially altered or substantially repaired after the commencement of these regulations shall ensure that it is not used unless, since the date of its manufacture or of the alteration or repair, as the case may be- (a) it has been tested and thoroughly examined by a competent examiner; and (b) there has been obtained from him in respect of the test and examination a certificate in the approved form, which includes a statement to the effect that the hoist is in a safe working condition. (2) (Repealed L.N. 552 of 1995) (3) The contractor responsible for a hoist shall ensure that it is not used, whether for carrying goods, or otherwise, unless, during the preceding 6 months- (a) it has been thoroughly examined by a competent examiner; and (b) there has been obtained from him a report in the approved form which includes a statement to the effect that the hoist is in a safe working condition: Provided that a hoist may be used without obtaining a report under this paragraph if within the preceding 6 months there has been obtained under paragraph (1) a certificate which includes a statement to the effect that the hoist is in a safe working condition. (L.N. 552 of 1995) (4) A report under this regulation of a test or examination and the results thereof, signed by the person making or responsible for the carrying out of the test or examination, shall be- (a) made in the approved form and contain the prescribed particulars; and (b) delivered forthwith to the contractor concerned. (5) The person making the report of any examination required by paragraph (3) shall, within 28 days of the completion of the examination, send to the Commissioner a copy of the report in every case where the examination shows that the hoist cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time. (L.N. 552 of 1995) (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 36 Carrying of persons prohibited VerDate:28/11/2003 PART V CARRYING OF PERSONS AND SECURING OF LOADS ON HOISTS The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used for carrying persons at any time. (L.N. 552 of 1995; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 36 Carrying of persons prohibited VerDate:30/06/1997 PART V CARRYING OF PERSONS AND SECURING OF LOADS ON HOISTS The contractor responsible for a hoist shall ensure that it is not used for carrying persons at any time. (L.N. 552 of 1995) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 37 (Repealed L.N. 285 of 1993) VerDate:30/06/1997 (Repealed L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38 Loads to be safely secured VerDate:28/11/2003 (1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall, before it is used, ensure that every part of any load to be raised or lowered by the hoist is- (L.N. 258 of 2003) (a) securely suspended or supported when being raised or lowered; and (b) adequately secured so as to prevent danger arising to persons or property as a result of the slipping or displacement of any part of the load. (2) Where, by reason of the nature or position of the operation the load is liable, while being moved on a hoist or on lifting gear, to come into contact with any object so that the object may become displaced, the contractors shall take all reasonable steps as will ensure that no person lawfully on or near the construction sites where the hoist or gear is being used is endangered by the displacement of the object. (71 of 1989 s. 13) (3) Where, in connexion with the hoist, or lifting gear a receptacle is used for raising or lowering stone, bricks, tiles, slates, or other objects, the contractors shall cause the receptacle to be enclosed, or to be constructed or designed so as to prevent the accidental fall of any of such objects. (4) Paragraph (3) shall not apply to a grab, shovel, or similar excavating receptacle if the contractors take effective steps to prevent persons being endangered by a fall of objects therefrom. (5) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that neither loose material nor goods are carried on the platform of the hoist unless the platform is enclosed or other effective precautions have been taken to prevent the material or goods from falling from the platform. (6) The contractor responsible for any hoist which is used for raising or lowering loads and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that no load is left suspended from the hoist unless a competent person is present to supervise the use of the hoist. (L.N. 285 of 1993; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38 Loads to be safely secured VerDate:30/06/1997 (1) The contractor responsible for a hoist shall, before it is used, ensure that every part of any load to be raised or lowered by the hoist is- (a) securely suspended or supported when being raised or lowered; and (b) adequately secured so as to prevent danger arising to persons or property as a result of the slipping or displacement of any part of the load. (2) Where, by reason of the nature or position of the operation the load is liable, while being moved on a hoist or on lifting gear, to come into contact with any object so that the object may become displaced, the contractor shall take all reasonable steps as will ensure that no person lawfully on or near the construction sites where the hoist or gear is being used is endangered by the displacement of the object. (71 of 1989 s. 13) (3) Where, in connexion with the hoist, or lifting gear a receptacle is used for raising or lowering stone, bricks, tiles, slates, or other objects, the contractor shall cause the receptacle to be enclosed, or to be constructed or designed so as to prevent the accidental fall of any of such objects. (4) Paragraph (3) shall not apply to a grab, shovel, or similar excavating receptacle if the contractor takes effective steps to prevent persons being endangered by a fall of objects therefrom. (5) The contractor responsible for a hoist shall ensure that neither loose material nor goods are carried on the platform of the hoist unless the platform is enclosed or other effective precautions have been taken to prevent the material or goods from falling from the platform. (6) The contractor responsible for any hoist which is used for raising or lowering loads shall ensure that no load is left suspended from the hoist unless a competent person is present to supervise the use of the hoist. (L.N. 285 of 1993) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38A Duty of contractor responsible for construction site to ensure safety of places of work VerDate:28/11/2003 PART VA SCAFFOLDS, WORKING PLATFORMS AND LADDERS, ETC. (1) Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall, so far as reasonably practicable- (a) identify the hazardous conditions of persons working at a height in the construction site; (b) rectify any hazardous conditions of persons working at a height in the construction site; and (c) safeguard any person working at a height in the construction site against all hazardous conditions. (L.N. 258 of 2003) (1A) (Repealed L.N. 257 of 2003) (2) The contractor responsible for any construction site shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work on the site is provided and properly maintained. (3) Subject to paragraph (4), the contractor responsible for any construction site shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place on the site where any hazardous conditions are present. (L.N. 257 of 2003; L.N. 258 of 2003) (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work. (L.N. 257 of 2003; L.N. 258 of 2003) (4A) For the purpose of this regulation, "hazardous conditions" (危險狀 況) includes the following conditions that may give rise to a risk of persons falling from a height- (a) unprotected edge or opening at a place of work; (b) improper design and construction of a place of work; (c) inadequate or insecure support or anchoring of a place of work; (d) improper maintenance of a place of work; (e) any working platform (other than a suspended working platform) that fails to comply with the provisions of the Third Schedule applicable to it. (L.N. 257 of 2003; L.N. 258 of 2003) (5) For the avoidance of doubt, it is hereby declared that- (a) paragraph (4A) does not prejudice the generality of paragraphs (1), (3) and (4); (b) the reference to working platform in paragraph (4A) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform. (L.N. 257 of 2003; L.N. 258 of 2003) (Part VA replaced L.N. 76 of 1999) "hazardous conditions"” (危險狀況) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38A Safety of places of work VerDate:01/10/1999 PART VA SCAFFOLDS, WORKING PLATFORMS AND LADDERS, ETC. (1) Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall ensure that every place of work on the site is, so far as is reasonably practicable, made and kept safe for any person working there. (2) The contractor responsible for any construction site shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work on the site is provided and properly maintained. (3) Subject to paragraph (4), the contractor responsible for any construction site shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any unsafe place on the site. (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of making any place safe if all practicable steps have been taken to ensure the safety of that person whilst engaged in that work. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38A General VerDate:04/09/1998 PART VA SCAFFOLDS, WORKING PLATFORMS AND LADDERS, ETC. Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall ensure that- (a) there is, so far as is reasonably practicable, suitable and sufficient safe access to and egress from every place on the site at which any person at any time works, which access and egress shall be properly maintained; and (L.N. 307 of 1998) (b) every place on the site at which any person at any time works shall, so far as is reasonably practicable, be made and kept safe for any person working there. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38A General VerDate:30/06/1997 PART VA SCAFFOLDS, WORKING PLATFORMS AND LADDERS, ETC. Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall ensure that- (a) there is, so far as is reasonably practicable, suitable and sufficient safe access to and egress from every place on the site at which any person at any time works, which access and egress shall be properly maintained; and (b) every place on the site at which any person at any time works shall, so far as is reasonably practicable, be made and kept safe for any person working there. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38AA Duty of other contractors to ensure safety of places of work VerDate:28/11/2003 (1) Without prejudice to the other provisions of this Part, any contractor who has direct control over any construction work shall, so far as reasonably practicable- (a) identify the hazardous conditions of persons working at a height in the construction work; (b) rectify any hazardous conditions of persons working at a height in the construction work; and (c) safeguard any person working at a height in the construction work against all hazardous conditions. (2) Any contractor who has direct control over any construction work shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work where the construction work is being carried out is provided and properly maintained. (3) Subject to paragraph (4), any contractor who has direct control over any construction work shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place which is within the place of work where the construction work is being carried out and where any hazardous conditions are present. (L.N. 257 of 2003) (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work. (5) For the purpose of this regulation, "hazardous conditions" (危險狀 況) includes the following conditions that may give rise to a risk of persons falling from a height- (a) unprotected edge or opening at a place of work; (b) improper design and construction of a place of work; (c) inadequate or insecure support or anchoring of a place of work; (d) improper maintenance of a place of work; (e) any working platform (other than a suspended working platform) that fails to comply with the provisions of the Third Schedule applicable to it. (L.N. 257 of 2003) (6) For the avoidance of doubt, it is hereby declared that- (a) paragraph (5) does not prejudice the generality of paragraphs (1), (3) and (4); (b) the reference to working platform in paragraph (5) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform. (L.N. 257 of 2003; L.N. 258 of 2003) "hazardous conditions" (危險狀況) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38B Prevention of falls VerDate:28/11/2003 (1) Subject to paragraphs (2), (3) and (4), the contractor responsible for any construction site shall take adequate steps to prevent any person on the site from falling from a height of 2 metres or more. (1A) Subject to paragraphs (2), (3) and (4), any contractor who has direct control over any construction work shall take adequate steps to prevent any person on any place where the construction work is being carried out from falling from a height of 2 metres or more. (L.N. 258 of 2003) (2) For the purpose of paragraphs (1) and (1A), "adequate steps" (足夠 的步驟) shall include the provision, use and maintenance of one or more of the following- (a) working platforms; (b) guard-rails, barriers, toe-boards and fences; (c) coverings for openings; (d) gangways and runs. (3) Paragraphs (1) and (1A) shall not apply to any opening, corner, break or edge exposed in the course of demolition operations if adequate precautions have been taken to prevent any person from being exposed to the risk of falling therefrom. (4) Every working platform (other than a suspended working platform), guard-rail, barrier, toe-board, fence, covering for an opening, gangway or run provided for the purpose of paragraphs (1) and (1A) shall comply with the provisions of the Third Schedule applicable to it. (5) For the avoidance of doubt, it is hereby declared that- (a) paragraphs (2) and (4) do not prejudice the generality of paragraphs (1) and (1A); (b) the reference to working platform in paragraph (4) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap 59 sub. leg. AC) in relation to a working platform which is a suspended working platform. (Part VA replaced L.N. 76 of 1999; L.N. 258 of 2003) "adequate steps" (足夠的步驟) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38B Prevention of falls VerDate:01/10/1999 (1) Subject to paragraphs (2), (3) and (4), the contractor responsible for any construction site shall take adequate steps to prevent any person on the site from falling from a height of 2 metres or more. (2) For the purpose of paragraph (1), "adequate steps" (足夠的步驟) shall include the provision, use and maintenance of one or more of the following- (a) working platforms; (b) guard-rails, barriers, toe-boards and fences; (c) coverings for openings; (d) gangways and runs. (3) Paragraph (1) shall not apply to any opening, corner, break or edge exposed in the course of demolition operations if adequate precautions have been taken to prevent any person from being exposed to the risk of falling therefrom. (4) Every working platform (other than a suspended working platform), guard-rail, barrier, toe-board, fence, covering for an opening, gangway or run provided for the purpose of paragraph (1) shall comply with the provisions of the Third Schedule applicable to it. (5) For the avoidance of doubt, it is hereby declared that- (a) paragraphs (2) and (4) do not prejudice the generality of paragraph (1); (b) the reference to working platform in paragraph (4) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap 59 sub. leg. AC) in relation to a working platform which is a suspended working platform. (Part VA replaced L.N. 76 of 1999) "adequate steps" (足夠的步驟) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38B Provision of scaffolds, etc. VerDate:30/06/1997 Without prejudice to the other provisions of this Part, where work cannot safely be done on or from the ground or from part of a building or other permanent structure, the contractor responsible for the construction site concerned shall provide, place and keep in position for use and properly maintain either scaffolds or, where appropriate, ladders or other means of support, all of which shall be sufficient, strong and suitable for the purpose. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38C Safe means of support VerDate:28/11/2003 Where work cannot be safely done on or from the ground or from part of a permanent structure, the contractor responsible for the construction site concerned and any contractor who has direct control over the work shall provide, and ensure the use of, a scaffold, ladder or other means of support, all of which shall be safe for the purpose, having regard to the work to be done. (Part VA replaced L.N. 76 of 1999; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38C Safe means of support VerDate:01/10/1999 Where work cannot be safely done on or from the ground or from part of a permanent structure, the contractor responsible for the construction site concerned shall provide, and ensure the use of, a scaffold, ladder or other means of support, all of which shall be safe for the purpose, having regard to the work to be done. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38C Supervision of work and inspection of material VerDate:30/06/1997 The contractor responsible for a scaffold on a construction site shall ensure that no such scaffold is erected on the site or substantially added to, altered or dismantled except under the immediate supervision of a competent person and by competent workmen possessing adequate experience of such work. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38D Construction and maintenance of scaffolds, etc. VerDate:28/11/2003 The contractor responsible for any scaffold, ladder or other means of support referred to in regulation 38C and any contractor who has direct control over any work which involves the use of the scaffold, ladder, or other means of support shall ensure that it shall not be used unless it is- (L.N. 258 of 2003) (a) so designed and constructed that it does not collapse, overturn or move accidentally; (b) of suitable and sound materials of sufficient strength and capacity for the purpose for which it is to be used; and (c) properly maintained and every part thereof kept so securely supported or suspended as to ensure, so far as is reasonably practicable, that it is stable. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38D Construction and maintenance of scaffolds, etc. VerDate:01/10/1999 The contractor responsible for any scaffold, ladder or other means of support referred to in regulation 38C shall ensure that it shall not be used unless it is- (a) so designed and constructed that it does not collapse, overturn or move accidentally; (b) of suitable and sound materials of sufficient strength and capacity for the purpose for which it is to be used; and (c) properly maintained and every part thereof kept so securely supported or suspended as to ensure, so far as is reasonably practicable, that it is stable. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38D Construction and maintenance of scaffolds VerDate:30/06/1997 (1) The contractor responsible for a scaffold shall ensure that every scaffold provided on a construction site and every part thereof is- (a) of good construction, made of strong and sound materials, and free from patent defect; and (b) properly maintained. (2) The contractor responsible for a scaffold shall ensure that every such scaffold is kept so fixed, secured or placed in position as to prevent so far as is reasonably practicable accidental displacement. (71 of 1989 s. 13) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38E Trained workmen to erect scaffold under supervision VerDate:28/11/2003 (1) The contractor responsible for a scaffold on a construction site shall ensure that no such scaffold is erected on the site or substantially added to, altered or dismantled except by workmen who are- (L.N. 258 of 2003) (a) adequately trained and possess adequate experience of such work; and (b) under the immediate supervision of a competent person. (2) Any contractor who has direct control over any erection, substantial addition, alteration or dismantling of any scaffold shall ensure that the scaffold is not erected, added to, altered or dismantled except by workmen who are- (a) adequately trained and possess adequate experience of such work; and (b) under the immediate supervision of a competent person. (L.N. 258 of 2003) (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38E Trained workmen to erect scaffold under supervision VerDate:01/10/1999 The contractor responsible for a scaffold on a construction site shall ensure that no such scaffold is erected on the site or substantially added to, altered or dismantled except by workmen who are- (a) adequately trained and possess adequate experience of such work; and (b) under the immediate supervision of a competent person. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38E Slung scaffolds VerDate:30/06/1997 The contractor responsible for any construction site shall ensure that- (a) no chain, wire rope, lifting gear, metal tube or other means of suspension for slung scaffolds is used on the site unless the following requirements (in so far as they are applicable) are observed, (in addition as respects chains, ropes and lifting gear to satisfying the requirements of the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations (Cap 59 sub. leg.), that is to say- (L.N. 285 of 1993) (i) it is suitable and of adequate strength for the purpose for which it is used; (ii) it is properly and securely fastened to safe anchorage points and to other main supporting points; (iii) it is so placed as to ensure stability of the scaffold; (iv) it is as nearly vertical as is reasonably practicable; and (v) it is kept taut; (b) no rope other than a wire rope is used for the suspension of slung scaffold; (c) where chains or wire ropes are used for the suspension of a slung scaffold, steps are taken to prevent such chains or wire ropes coming into contact at points of suspension with edges where this would cause danger; (d) every slung scaffold is secured to prevent undue horizontal movement while it is used as a working platform. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38F Inspection of scaffolds VerDate:28/11/2003 (1) Subject to paragraph (2), the contractor responsible for a scaffold on a construction site and any contractor who has direct control over any construction work which involves the use of the scaffold shall ensure that the scaffold is not used unless- (L.N. 258 of 2003) (a) the scaffold- (i) has been inspected by a competent person before being taken into use for the first time; (ii) has been inspected by a competent person after any substantial addition, partial dismantling or other alteration; (iii) has been inspected by a competent person after any exposure to weather conditions likely to have affected its strength or stability or to have displaced any part; (iv) has been inspected by a competent person at regular intervals not exceeding 14 days immediately preceding each use of the scaffold; and (b) a report has been made and signed by the person carrying out the inspection in an approved form containing the prescribed particulars which include a statement to the effect that the scaffold is in safe working order. (2) Paragraph (1) shall not apply in relation to a scaffold from no part of which a person is liable to fall from a height of 2 metres or more. (3) A report under paragraph (1)(b) of an inspection of a scaffold shall be delivered forthwith by the competent person to the contractor responsible for the scaffold and the contractor who employs him to carry out the inspection. (L.N. 257 of 2003; L.N. 258 of 2003) (4) The contractors to whom a report is delivered under paragraph (3) shall- (L.N. 258 of 2003) (a) at all times keep the report, or a copy thereof, on the construction site on which the scaffold to which the report relates is located; (b) at all reasonable times make that report or copy available for inspection by- (i) any occupational safety officer who requests to see it; (ii) any other person who is lawfully on the site (including any person using or proposing to use the scaffold). (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38F Inspection of scaffolds VerDate:01/10/1999 (1) Subject to paragraph (2), the contractor responsible for a scaffold on a construction site shall ensure that the scaffold is not used unless- (a) the scaffold- (i) has been inspected by a competent person before being taken into use for the first time; (ii) has been inspected by a competent person after any substantial addition, partial dismantling or other alteration; (iii) has been inspected by a competent person after any exposure to weather conditions likely to have affected its strength or stability or to have displaced any part; (iv) has been inspected by a competent person at regular intervals not exceeding 14 days immediately preceding each use of the scaffold; and (b) a report has been made and signed by the person carrying out the inspection in an approved form containing the prescribed particulars which include a statement to the effect that the scaffold is in safe working order. (2) Paragraph (1) shall not apply in relation to a scaffold from no part of which a person is liable to fall from a height of 2 metres or more. (3) A report under paragraph (1)(b) of an inspection of a scaffold shall be delivered forthwith by the competent person to the contractor responsible for the scaffold. (4) The contractor to whom a report is delivered under paragraph (3) shall- (a) at all times keep the report, or a copy thereof, on the construction site on which the scaffold to which the report relates is located; (b) at all reasonable times make that report or copy available for inspection by- (i) any occupational safety officer who requests to see it; (ii) any other person who is lawfully on the site (including any person using or proposing to use the scaffold). (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38F Cantilever, jib, figure and bracket scaffolds VerDate:30/06/1997 The contractor responsible for a construction site shall ensure that- (a) no cantilever scaffold or jib scaffold is used on the site unless it is adequately supported, fixed and anchored, has outriggers of adequate length and strength and is where necessary sufficiently and properly strutted or braced to ensure rigidity and stability; and (b) no figure scaffold or bracket scaffold supported or held by dogs, spikes, or similar fixings liable to pull out of the stone-work, brickwork or other surface in which they are gripped or fixed is used on the site. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38G Boatswain's chairs (not power operated) VerDate:28/11/2003 (1) The contractor responsible for a construction site shall ensure that no boatswain's chair or similar plant or equipment (not being a boatswain's chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used on the site. (L.N. 258 of 2003) (2) Any contractor who has direct control over any construction work shall ensure that no boatswain's chair or similar plant or equipment (not being a boatswain's chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used in the construction work. (L.N. 258 of 2003) (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38G Boatswain's chairs (not power operated) VerDate:01/10/1999 The contractor responsible for a construction site shall ensure that no boatswain's chair or similar plant or equipment (not being a boatswain's chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used on the site. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38G Support for scaffolds, etc. VerDate:30/06/1997 The contractor responsible for a construction site shall ensure that- (a) no part of a building or other structure is used as support for a scaffold, ladder, folding step-ladder or crawling ladder, or for part of a scaffold, ladder, folding step-ladder or crawling ladder, unless the part of the building or other structure is of sound material and sufficiently stable and of sufficient strength to afford safe support; (b) gutters are not used as such supports unless they and their fixings are suitable and are of adequate strength and in the case of overhanging eaves gutters shall not be so used unless in addition they have been specially designed as walkways. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38H Defences to regulations 38B(1) and (1A) and 38C VerDate:28/11/2003 (1) It shall be a defence for a contractor charged with an offence under regulation 38B(1) or (1A) or 38C to show- (L.N. 258 of 2003) (a) that in all the circumstances of the case, it was impracticable to comply with all or any of the requirements of that regulation; (b) that- (i) the contractor provided suitable and adequate safety nets and safety belts in lieu of complying with those requirements; or (ii) in all the circumstances of the case, it was impracticable to provide such safety nets and the contractor provided suitable and adequate safety belts in lieu of complying with those requirements; and (c) that all reasonably practicable steps were taken to ensure the proper use of the safety belts by the persons to whom they were provided. (L.N. 64 of 1999) (2) Safety nets shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they are- (a) of such design and so constructed; and (b) so erected, maintained and kept in such positions, as to be effective to protect persons carrying on at a height the work to which the nets relate, to protect persons using any access to or egress from the part of the construction site where that work is being done and to prevent as far as practicable injury to persons falling onto them. (3) Safety belts shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they- (a) are attached continuously to a suitable and secure anchorage; (b) have suitable fittings therefor; and (c) are of such a design and so constructed and maintained as to prevent injury to persons using them in the event of a fall. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38H Defences to regulations 38B(1) and 38C VerDate:01/10/1999 (1) It shall be a defence for a contractor charged with an offence under regulation 38B(1) or 38C to show- (a) that in all the circumstances of the case, it was impracticable to comply with all or any of the requirements of that regulation; (b) that- (i) the contractor provided suitable and adequate safety nets and safety belts in lieu of complying with those requirements; or (ii) in all the circumstances of the case, it was impracticable to provide such safety nets and the contractor provided suitable and adequate safety belts in lieu of complying with those requirements; and (c) that all reasonably practicable steps were taken to ensure the proper use of the safety belts by the persons to whom they were provided. (L.N. 64 of 1999) (2) Safety nets shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they are- (a) of such design and so constructed; and (b) so erected, maintained and kept in such positions, as to be effective to protect persons carrying on at a height the work to which the nets relate, to protect persons using any access to or egress from the part of the construction site where that work is being done and to prevent as far as practicable injury to persons falling onto them. (3) Safety belts shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they- (a) are attached continuously to a suitable and secure anchorage; (b) have suitable fittings therefor; and (c) are of such a design and so constructed and maintained as to prevent injury to persons using them in the event of a fall. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38H Suspended scaffolds (not power operated) VerDate:30/06/1997 The contractor responsible for a construction site shall ensure that no suspended scaffold which is not raised or lowered by a power-driven lifting appliance (in addition, as respects lifting appliances, chains, ropes and lifting gear used in connection therewith, to the requirements in the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations (Cap 59 sub. leg.) is used for raising or lowering or carrying a person unless- (L.N. 285 of 1993) (a) outriggers- (i) of adequate length and strength and properly installed and supported; (ii) firmly anchored at the inner ends; (iii) securely fastened to any ballast or counterweights; and (iv) installed horizontally, are used; (b) the points of suspension are at adequate horizontal distances from the face of the building or other structure; (c) wire ropes or chains are used for the raising, lowering and suspension of the suspended scaffold; (d) the wire ropes or chains are securely attached to the outriggers or other supports; (e) adequate arrangements are made to prevent undue tipping, tilting or swinging of a scaffold and to secure it to prevent undue horizontal movement while it is being used as a working platform; (f) the platform of the suspended scaffold- (i) except to the extent necessary for drainage, is closely boarded, planked or plated; and (ii) is not less than 0.45 metres wide; (g) the winches or other lifting appliances or similar devices of the suspended scaffold are- (i) provided with a brake or similar device which comes into operation when the operating handle or lever is released; and (ii) adequately protected against the effect of weather, dust or material likely to cause damage; and (h) it is properly maintained. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38I Duty to wear safety belt VerDate:01/10/1999 Every person working on a construction site who has been provided with a safety belt shall wear it and keep it attached to a secure anchorage whenever the use of the belt is necessary for his own or any other person's safety. (Part VA replaced L.N. 76 of 1999) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38I Boatswain's chairs (not power operated) VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that no boatswain's chair or similar plant or equipment (not being a boatswain's chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used unless- (a) it is of good construction, sound material, adequate strength and free from patent defect; (b) the outriggers or other supports are of adequate strength and properly installed and supported; (c) the chains, ropes, lifting gear or other means of suspension used therewith (in addition to satisfying the requirements in the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations (Cap 59 sub. leg.) are securely attached to the outriggers or other supports and to the chair or similar plant or equipment or to any lifting appliance or other device attached thereto, as the case may be; (L.N. 285 of 1993) (d) suitable means are provided to prevent any occupant falling out; (e) it is free of materials or articles liable to interfere with the occupant's handhold or foothold or otherwise endanger him; (f) suitable measures are taken to prevent spinning or tipping in a manner dangerous to any occupant; (g) safety belts attached to independent life lines are provided to the occupants and each life line is securely suspended; (h) its installation has been, and its use is, supervised by a competent person; and (i) it is properly maintained. (2) The contractor responsible shall ensure that no boatswain's chair or similar plant or equipment is used as a working place in circumstances in which a suspended scaffold could be used unless the work is of such short duration as to make the use of a suspended scaffold unreasonable or the use of a suspended scaffold is not reasonably practicable. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38J (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38J Trestle scaffolds VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that all trestles and supports used for the construction of any trestle scaffold are of good construction, suitable and sound material, adequate strength for the purposes for which they are used and free from patent defect and are properly maintained. (2) The contractor shall ensure that no trestle scaffold is used- (a) if the scaffold is so situated that a person would be liable to fall from its working platform a distance of more than 4.5 metres; or (b) if constructed with more than one tier where folding supports are used. (3) The contractor shall ensure that no trestle scaffold is erected on a scaffold platform unless- (a) the width of the said platform is such as to leave sufficient clear space for the transport of materials along the platform; and (b) the trestles or supports are firmly attached to the said platform and adequately braced to prevent displacement. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38K (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38K Inspection of scaffolds VerDate:30/06/1997 (1) Subject to paragraph (3), the contractor responsible for a scaffold shall ensure that the scaffold is not used on a construction site unless- (a) the scaffold- (i) has been inspected by a competent person within the immediately preceding month; (ii) has been inspected by a competent person since exposure to weather conditions likely to have affected its strength or stability or to have displaced any part; and (b) a report has been made by the person carrying out the inspection in the approved form containing the prescribed particulars which includes a statement to the effect that the scaffold is in safe working order. (see First Schedule Form 12) (L.N. 285 of 1993) (2) A report under this regulation of an inspection and the results thereof, signed by the person carrying out the inspection, shall be- (a) made in the prescribed form and contain the prescribed particulars; and (b) delivered forthwith to the contractor concerned. (3) This regulation shall not apply in relation to a scaffold no part of which has been erected for more than a month, or a trestle scaffold or a scaffold from no part of which a person is liable to fall a distance of more than 2 metres. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38L (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38L Construction of working platforms, gangways, runs, etc. VerDate:30/06/1997 The contractor responsible for a construction site shall ensure that- (a) every working platform, gangway or run from any of which a person is liable to fall a distance of more than 2 metres is either closely boarded, planked or plated, or is a platform consisting of open metal work having interstices none of which exceeds 3800 square millimetres in area; (b) every board or plank forming part of a working platform, gangway or run is- (i) of sound construction, adequate strength and free from patent defect; (ii) of a thickness capable of affording adequate security having regard to the distance between the supports and be not less than 200 millimetres in width and not less than 25 millimetres in thickness or not less than 150 millimetres in width when the board or plank exceeds 50 millimetres in thickness; (iii) rests securely and evenly on its supports; (c) no board or plank which forms part of a working platform, gangway or run projects beyond its end support to a distance exceeding 150 millimetres unless it is sufficiently secured to prevent tipping. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38M (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38M Widths of working platforms VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that- (a) any working platform from which a person is liable to fall a distance of more than 2 metres is at least 400 millimetres wide; (b) any gangway or run from any part of which a person is liable to fall a distance of more than 2 metres is, if the gangway or run- (i) is used for the passage of persons only, at least 400 millimetres wide; (ii) is used for the passage of materials is adequate in width for the passage of materials and in any case is at least 650 millimetres wide. (2) This regulation does not apply to a working platform, gangway or run where it is impracticable by reason of limitations of space to provide a platform, gangway or run of the required width; but, in any such case, the platform, gangway or run shall be as wide as is reasonably practicable. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38N (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38N Guard-rails at working platforms and places VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that every side of a working platform, working place, gangway, run or stair being a side from which a person is liable to fall a distance of more than 2 metres is provided with a suitable guard-rail or guard-rails of adequate strength to a height between 900 millimetres and 1150 millimetres. (2) The guard-rails required under paragraph (1) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials. (3) None of the requirements of this regulation shall apply to- (a) the platform of a ladder scaffold if a secure handhold is provided along the full length of such platform; (b) the platform of a trestle scaffold when the platform is supported on folding trestles, split heads or similar devices or folding step-ladders; (c) the platform of a bamboo scaffold if such platform is protected by not less than 2 horizontal bamboo members of the scaffold spaced at intervals between 750 millimetres to 900 millimetres. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38O (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38O Construction maintenance and use of ladders and folding step-ladders VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that a ladder or a folding step-ladder is not used- (a) unless it is of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used and is properly maintained; and (b) if any rung thereof is missing or defective. (2) The contractor for a construction site shall ensure that no ladder standing on a base is used unless- (a) it is securely fixed to its upper resting place, or, in the case of a vertical ladder near to its upper end: Provided that where such a fixing is impracticable the ladder shall be securely fixed at or near its lower end; (b) it has a level and firm footing and is not standing on loose bricks or other loose packing; (c) it is secured where necessary to prevent undue swaying or sagging; and (d) it is equally and properly supported on each stile or side. (3) Where it is impracticable in the case of a ladder standing on a base to comply with either of the requirements in paragraph (2)(a), the contractor shall cause a person to be stationed at the foot of the ladder when in use to prevent it slipping. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38P (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38P Openings, corners, breaks and edges VerDate:30/06/1997 (1) The contractor responsible for a construction site shall ensure that every opening, corner, break, edge or other dangerous place through or from which any person on the site is liable to fall a distance of more than 2 metres is provided with either- (a) a suitable guard-rail or guard-rails of adequate strength to a height of between 900 millimetres and 1150 millimetres above the surface across which persons are liable to pass so erected as to prevent as far as possible the fall of persons; or (b) a covering so constructed as to prevent the fall of persons, materials and articles; any such covering shall be clearly and boldly marked to show its purpose or be securely fixed in position. (2) Such guard-rails and coverings may be removed or remain unerected- (a) where this is necessary in order to proceed with any permanent filling in, covering or enclosure; or (b) for the time and to the extent necessary for the access of persons or the movement of materials or other purposes of the work. (3) Paragraphs (1) and (2) shall not apply to any opening, corner, break or edge created in the course of demolition operations to which the Building (Demolition Works) Regulations (Cap 123 sub. leg.) apply, or to any opening, corner, break or edge created in the course of any other demolition operation, if in the course of such last mentioned demolition operation, the opening, corner, break or edge is not left unattended. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38Q (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38Q Prevention of falls and provision of safety nets and belts VerDate:30/06/1997 (1) Where by reason of the special nature or circumstances of any part of the work or of the access thereto or the egress therefrom it is impracticable to comply with all or any of the requirements of regulations 38A, 38B, 38L, 38M, 38N and 38P so far as they relate to the falls of persons, the contractor responsible for a construction site shall erect and keep in such positions as to be effective to protect persons carrying on that part of the work or using the said access or egress suitable safety nets or safety belts or other suitable and sufficient equipment of such a design and so constructed and installed as to prevent so far as practicable injury to persons: Provided that such safety nets may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials or other purposes of the work, but shall be replaced or erected as soon as practicable. (2) Where the use of a safety belt is required pursuant to paragraph (1) the contractor shall provide each workman employed on the site with a suitable safety belt. (3) Where a safety belt is provided under this regulation the contractor shall also provide a suitable and sufficient anchorage and suitable fittings therefor; and each such safety belt, anchorage and fitting shall be of such a design and so constructed as to prevent serious injury in the event of a fall to any person using it. (4) The contractor shall ensure that all safety nets, safety belts and other equipment provided pursuant to this regulation are properly maintained. (5) The contractor shall take all reasonable steps to ensure that no workman remains on any dangerous place on the construction site without wearing a safety belt provided to the workman in pursuance of this regulation. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38R (Repealed L.N. 76 of 1999) VerDate:01/10/1999 CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38R Duty to wear safety belt VerDate:30/06/1997 Every workman employed on a construction site who has been provided with a safety belt shall wear it and keep it attached to a secure anchorage whenever the use of the belt is necessary for his own or any other person's safety. (Part VA added L.N. 238 of 1983) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 39 Safety of excavations, etc. VerDate:28/11/2003 PART VI EXCAVATIONS ON CONSTRUCTION SITES (1) The contractor responsible for any construction site at which excavating or earthworking operations are being carried on and any contractor who has direct control over the operations shall cause a structure made of suitable timber or other suitable material to be erected in connexion with the operations as soon as may be necessary after their commencement so as to prevent workmen employed on the site from being endangered by a fall or displacement of earth, rock, or other material (including waste material and debris) adjacent to or forming the side of the excavation or earthwork. (L.N. 258 of 2003) (2) The contractors shall- (L.N. 258 of 2003) (a) cause every part of the excavation or earthwork where workmen are employed to be examined by a competent person at least once in every period of 7 days after the commencement of the excavation or earthwork until it is completed or abandoned; and (b) ensure that after any such examination no further work in respect of the excavation or earthwork is carried on until there has been obtained from that person in respect of the examination, or in respect of any further examination that may be necessary, a report in the approved form which includes a statement to the effect that the excavation or earthwork, and every structure erected under paragraph (1), is safe and secure. (L.N 21 of 1994) (3) A report under paragraph (2) of an examination and the results thereof, signed by the person carrying out the examination, shall be- (a) made in the approved form and contain the prescribed particulars; and (L.N 21 of 1994) (b) delivered forthwith to the contractor responsible for the construction site concerned and the contractor who employs that person to carry out the examination. (L.N. 257 of 2003; L.N. 258 of 2003) (4) This regulation shall not apply- (a) to an excavation or earthwork where, having regard to the nature and slope of the sides of the excavation or earthwork and other circumstances, no fall or dislodgment of earth, rock, or other material is liable to occur- (i) so as to bury or trap a workman or other person employed in or near the excavation or earthwork; or (ii) so as to strike any such workman or person from a height of more than 1.2 metres; or (L.N. 280 of 1978; L.N. 238 of 1983) (b) in relation to a workman actually engaged in the erection of any structure or in rendering any excavation or earthwork safe, or to a person engaged in examining any such structure, if other precautions which are reasonably adequate to ensure his safety are taken. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 39 Safety of excavations, etc. VerDate:30/06/1997 PART VI EXCAVATIONS ON CONSTRUCTION SITES (1) The contractor responsible for any construction site at which excavating or earthworking operations are being carried on shall cause a structure made of suitable timber or other suitable material to be erected in connexion with the operations as soon as may be necessary after their commencement so as to prevent workmen employed on the site from being endangered by a fall or displacement of earth, rock, or other material (including waste material and debris) adjacent to or forming the side of the excavation or earthwork. (2) The contractor shall- (a) cause every part of the excavation or earthwork where workmen are employed to be examined by a competent person at least once in every period of 7 days after the commencement of the excavation or earthwork until it is completed or abandoned; and (b) ensure that after any such examination no further work in respect of the excavation or earthwork is carried on until there has been obtained from that person in respect of the examination, or in respect of any further examination that may be necessary, a report in the approved form which includes a statement to the effect that the excavation or earthwork, and every structure erected under paragraph (1), is safe and secure. (L.N 21 of 1994) (3) A report under paragraph (2) of an examination and the results thereof, signed by the person carrying out the examination, shall be- (a) made in the approved form and contain the prescribed particulars; and (L.N 21 of 1994) (b) delivered forthwith to the contractor concerned. (4) This regulation shall not apply- (a) to an excavation or earthwork where, having regard to the nature and slope of the sides of the excavation or earthwork and other circumstances, no fall or dislodgment of earth, rock, or other material is liable to occur- (i) so as to bury or trap a workman or other person employed in or near the excavation or earthwork; or (ii) so as to strike any such workman or person from a height of more than 1.2 metres; or (L.N. 280 of 1978; L.N. 238 of 1983) (b) in relation to a workman actually engaged in the erection of any structure or in rendering any excavation or earthwork safe, or to a person engaged in examining any such structure, if other precautions which are reasonably adequate to ensure his safety are taken. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 40 Fencing of excavations, etc. VerDate:28/11/2003 (1) Subject to paragraph (2), the contractor responsible for any construction site where there is an excavation, shaft, pit, or opening in the ground into or down the side of which a workman or other person lawfully on the site is liable to fall a distance of more than 2 metres and any contractor who has direct control over the excavation or any construction work in the shaft, pit or opening shall, for the purpose of preventing any such fall, so far as practicable ensure that either- (L.N. 238 of 1983; L.N. 258 of 2003) (a) a suitable barrier is erected as close as is reasonably practicable to the edge of the excavation, shaft, pit or opening; or (b) the excavation, shaft, pit, or opening is securely covered. (2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening. (L.N. 238 of 1983) (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 40 Fencing of excavations, etc. VerDate:30/06/1997 (1) Subject to paragraph (2), the contractor responsible for any construction site where there is an excavation, shaft, pit, or opening in the ground into or down the side of which a workman or other person lawfully on the site is liable to fall a distance of more than 2 metres shall, for the purpose of preventing any such fall, so far as practicable ensure that either- (L.N. 238 of 1983) (a) a suitable barrier is erected as close as is reasonably practicable to the edge of the excavation, shaft, pit or opening; or (b) the excavation, shaft, pit, or opening is securely covered. (2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening. (L.N. 238 of 1983) (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 41 Safe guarding the edges of excavations, etc. VerDate:28/11/2003 The contractor responsible for any construction site at which there is an excavation, shaft, pit or opening in the ground, and any contractor who has direct control over the excavation or any construction work in the shaft, pit or opening, shall ensure that- (L.N. 258 of 2003) (a) no material is placed or stacked close to the edge of the excavation, shaft, pit, or opening so as to endanger any person who is working in it; and (b) no load or plant is placed or moved near the edge of the excavation, shaft, pit or opening if it is likely to cause the side of the excavation, shaft, pit, or opening to collapse and thereby endanger any person. (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 41 Safe guarding the edges of excavations, etc. VerDate:30/06/1997 The contractor responsible for any construction site at which there is an excavation, shaft, pit or opening in the ground shall ensure that- (a) no material is placed or stacked close to the edge of the excavation, shaft, pit, or opening so as to endanger any person who is working in it; and (b) no load or plant is placed or moved near the edge of the excavation, shaft, pit or opening if it is likely to cause the side of the excavation, shaft, pit, or opening to collapse and thereby endanger any person. (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 41A Requirements for emergency escape VerDate:28/11/2003 The contractor responsible for any construction site, at which there is an excavation, shaft, tunnel, pit or opening in the ground and where there is reason to apprehend danger to persons employed therein from rising water or from an irruption of water or material and any contractor who has direct control over the excavation or any construction work in the shaft, tunnel, pit or opening, shall ensure that adequate means are provided, so far as practicable, to enable such persons to reach positions of safety in the event of emergency. (L.N. 280 of 1978; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 41A Requirements for emergency escape VerDate:30/06/1997 The contractor responsible for any construction site, at which there is an excavation, shaft, tunnel, pit or opening in the ground and where there is reason to apprehend danger to persons employed therein from rising water or from an irruption of water or material, shall ensure that adequate means are provided, so far as practicable, to enable such persons to reach positions of safety in the event of emergency. (L.N. 280 of 1978) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 42 Prevention of inhalation of dust and fumes VerDate:28/11/2003 PART VII MISCELLANEOUS SAFETY REQUIREMENTS Where any construction work involves the grinding, cleaning, spraying, mixing, or working of any material which causes dust or fumes to be given off of a character and extent likely to be injurious to the health of workmen employed in the work, the contractor responsible for the work and any contractor who has direct control over the work shall take all reasonable steps as are necessary to prevent the inhalation of the dust or fumes by the workmen, either by providing adequate ventilation or by the provision and use of suitable respirators or other effective means. (71 of 1989 s. 13; L.N. 258 of 2003) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 42 Prevention of inhalation of dust and fumes VerDate:30/06/1997 PART VII MISCELLANEOUS SAFETY REQUIREMENTS Where any construction work involves the grinding, cleaning, spraying, mixing, or working of any material which causes dust or fumes to be given off of a character and extent likely to be injurious to the health of workmen employed in the work, the contractor responsible for the work shall take all reasonable steps as are necessary to prevent the inhalation of the dust or fumes by the workmen, either by providing adequate ventilation or by the provision and use of suitable respirators or other effective means. (71 of 1989 s. 13) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 43 Protection of eyes VerDate:28/11/2003 The contractor responsible for any construction site, where there is carried on any process which results in particles of material or dust being produced in such a manner as to be likely to enter or damage the eyes of any workman engaged in the process, and any contractor who has direct control over the process, shall ensure that- (L.N. 258 of 2003) (a) suitable goggles or effective screens are provided for the protection of the workman; and (b) the workman uses the goggles or screens, as the case may be. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 43 Protection of eyes VerDate:30/06/1997 The contractor responsible for any construction site, where there is carried on any process which results in particles of material or dust being produced in such a manner as to be likely to enter or damage the eyes of any workman engaged in the process, shall ensure that- (a) suitable goggles or effective screens are provided for the protection of the workman; and (b) the workman uses the goggles or screens, as the case may be. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 44 Fencing of machinery VerDate:28/11/2003 (1) The contractor responsible for any prime mover, transmission machinery and other machinery (whether or not driven by mechanical power), and any contractor who has direct control over any construction work which involves the use of the prime mover, transmission machinery and other machinery, shall ensure that- (a) every flywheel and moving part of the prime mover; (b) every part of the transmission machinery; and (c) every dangerous part of the other machinery, are effectively guarded unless they are in such a position or of such construction as to be as safe to every workman on the construction site as they would be if they were effectively guarded. (L.N. 258 of 2003) (1A) The reference to effectively guarded in paragraph (1) means effectively guarded by one or more of the following methods- (a) an automatic guard; (b) subject to paragraph (1B), a fixed guard; (c) an interlocking guard; (d) a trip guard; (e) a two-hand control device. (L.N. 258 of 2003) (1B) An opening may be provided in any fixed guard mentioned in paragraph (1A)(b) in accordance with regulation 6 of the Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations (Cap 59 sub. leg. Q). (L.N. 258 of 2003) (2) Where under paragraph (1) parts of any machinery are required to be guarded, the contractors shall ensure that the guarding is kept in position while the parts are in motion or in use, except where the parts are necessarily exposed for examination or for any lubrication or adjustment shown by the examination to be immediately necessary. (L.N. 258 of 2003) (3) For the purpose of paragraph (1A), "automatic guard" (自動式護罩), "fixed guard" (固定式護罩), "interlocking guard" (互鎖式護罩), "trip guard" (觸覺式護罩) and "two-hand control device" (雙手控制裝置) have the meanings respectively assigned to them by regulation 2 of the Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations (Cap 59 sub. leg. Q). (L.N. 258 of 2003) "automatic guard" (自動式護罩), "fixed guard" (固定式護罩), "interlocking guard" (互鎖式 護罩), "trip guard" (觸覺式護罩) and "two-hand control device" (雙手控制裝置) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 44 Fencing of machinery VerDate:30/06/1997 (1) A contractor shall ensure that- (a) every flywheel and moving part of any prime mover; (b) every part of transmission machinery; and (c) every dangerous part of other machinery (whether or not driven by mechanical power), for which he is responsible is securely fenced to the satisfaction of the Commissioner unless it is in such a position or of such construction as to be as safe to every workman on the construction site as it would be if it were securely fenced. (2) Where under paragraph (1) parts of any machinery are required to be fenced, the contractor shall ensure that the fencing is kept in position while the parts are in motion or in use, except where the parts are necessarily exposed for examination or for any lubrication or adjustment shown by the examination to be immediately necessary. CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 45 Trained and competent workmen to operate mechanical equipment VerDate:28/11/2003 (1) The contractor responsible for any mechanical equipment and any contractor who has direct control over any construction work which involves the use of the equipment shall ensure that, when it is used on a construction site, it is not operated except by a workman who is trained and competent to operate it: (L.N. 258 of 2003) Provided that the equipment may be operated by a workman not so qualified if he is operating it under the supervision of another worker who is so qualified. (2) The contractor responsible for any mechanical equipment and any contractor who has direct control over any construction work which involves the use of the equipment shall ensure that no person under 18 years of age is employed- (L.N. 258 of 2003) (a) to operate the equipment; or (b) to give signals to the operator of the equipment. (3) In this regulation, "mechanical equipment" (機動設備) includes any bulldozer, compactor, dumper, excavator, grader, loader, locomotive, lorry, scraper, truck and any mobile machine which is used for the handling of any material on a construction site. (L.N. 238 of 1983) "mechanical equipment" (機動設備) CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 45 Trained and competent workmen to operate mechanical equipment VerDate:30/06/1997 (1) The contractor responsible for any mechanical equipment shall ensure that, when it is used on a construction site, it is not operated except by a workman who is trained and competent to operate it: Provided that the equipment may be operated by a workman not so qualified if he is operating it under the supervision of another worker who is so qualified. (2) The contractor responsible for any mechanical equipment shall