Hong Kong Regulations

CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38A

Duty of contractor responsible for construction site to ensure safety of places of work

(Past version on 01/10/1999).
(Past version on 04/09/1998).
(Past version on 30/06/1997).

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(1A) (Repealed L.N. 257 of 2003)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)