Hong Kong Regulations

CONSTRUCTION SITES (SAFETY) REGULATIONS - REGULATION 39

Safety of excavations, etc.

(Past version on 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 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.