Hong Kong Regulations

CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38AA

Duty of other contractors to ensure safety of places of work

(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)