Hong Kong Regulations

CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38B

Prevention of falls

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

(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)