Hong Kong Regulations

CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 38H

Defences to regulations 38B(1) and (1A) and 38C

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

(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)