Property Management Services Authority

Best Practice Guide on Handling Scaffolding Works

Guide No.： G13/2022 Effective Date：29 July 2022

Preamble

For the purpose of enabling licensees 1 to comply more effectively and

professionally with the guidelines set out in the code of conduct 2 entitled “Handling
Scaffolding Works” (Code No.: C13/2022)(Code) issued by the Property Management
Services Authority (PMSA) on 29 July 2022, the PMSA provides relevant guidelines in
this best practice guide (Guide) pursuant to section 44 3 of the Property Management
Services Ordinance (Cap. 626) (PMSO). While licensees are encouraged to use their best
endeavours to follow the Guide, failure to comply with the Guide will, however, not be
regarded as a disciplinary offence referred to in section 4 of the PMSO.

A licensed property management company (PMC) may, in respect of property

for which property management services (PMSs) are provided by it, from time to time,
(a) carry out by itself construction work 4 involving scaffolding work 5 (b) appoint a
contractor to carry out construction work involving scaffolding work or (c) handle
applications for erection of scaffolds made by individual flats for construction work
carried out in respect of the flats involving scaffolding work. The PMSA has formulated
the Code to provide practical guidance to licensed PMCs on scaffolding work, and this

1
The term “licensee” means the holder of the following licence: a PMC licence a PMP (Tier 1) licence a PMP
(Tier 2) licence a provisional PMP (Tier 1) licence or a provisional PMP (Tier 2) licence.
2
With regard to the code of conduct containing practical guidance issued by the PMSA under section 5 of the PMSO
for the purpose of section 4 of the PMSO (disciplinary offences), although a licensee does not incur a legal liability
only because the licensee has contravened a provision of the code of conduct, the code of conduct is admissible in
evidence in disciplinary hearings, and proof that a licensee contravened or did not contravene the relevant provision
of the code of conduct may be relied on as tending to establish or negate a matter that is in issue in the hearings.
3
Section 44 of the PMSO provides: “The Authority may do anything it considers appropriate for it to do for, or in
relation to, the performance of its functions”.
4
The Factories and Industrial Undertakings Ordinance (Cap. 59) is applicable to industrial undertakings and
industrial undertakings include any “construction work”, defined according to section 2 of the ordinance as (a) the
construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external
cleaning), renewal, removal, alteration, improvement, dismantling, or demolition of any structure or works
specified in Schedule 3 (b) any work involved in preparing for any operation referred to in paragraph (a), including
the laying of foundations and the excavation of earth and rock prior to the laying of foundations (c) the use of
machinery, plant, tools, gear, and materials in connexion with any operation referred to in paragraph (a) or (b).
5
According to section 2 of the Construction Sites (Safety) Regulations (Cap. 59I), “construction site” means a place
where construction work is undertaken and also any area in the immediate vicinity of any such place which is used
for the storage of materials or plant used or intended to be used for the purpose of the construction work, and
“scaffold” means any temporarily provided structure on or from which persons perform work in connexion with
operations or works to which these regulations apply, and any temporarily provided structure which enables
persons to obtain access to or which enables materials to be taken to any place at which such work is performed,
and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-
ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards
and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or
to support other plant or equipment.
1
Guide aims to enable licensees to comply more effectively and professionally with the
guidelines set out in the Code.

PMC carrying out scaffolding work by itself

Code：A(1) A licensed PMC, when carrying out construction work by itself (i.e.
without engaging a contractor) involving work on a scaffold
(generally referring to a work platform) for the property in respect of
which PMSs are provided by it, has to:

(a) so far as reasonably practicable, ensure the health and work

safety of the staff members carrying out the respective works
in accordance with section 6A of the Factories and Industrial
Undertakings Ordinance and section 6 of the Occupational
Safety and Health Ordinance (Cap. 509) (OSH Ordinance) (the
regulations at Appendix 1 and Appendix 2 refer); and
(b) ensure that the staff members carrying out the respective
works are holders of relevant certificates in accordance with
section 6BA of the Factories and Industrial Undertakings
Ordinance (the regulations at Appendix 3 refer).

A(2) Regarding the work mentioned in paragraph A(1) of the Code, if the
workers are employed directly by an owners’ organization6 (if any),
the licensed PMC has to inform the owners’ organization of the
regulations stipulated in Appendix 1 to Appendix 3 and remind them
to abide by those regulations.

Guide:
a(1) A licensed PMC should:

(a) remind the staff members mentioned in paragraph A(1)(a) of the Code;
and
(b) notify the owners’ organization (if any) that they need to remind the
persons mentioned in paragraph A(2) of the Code,
to abide by section 6B of the Factories and Industrial Undertakings Ordinance
and section 8 of the OSH Ordinance, including taking reasonable measures on
health and safety in accordance with the concerned regulations (the regulations at
Appendix 4 and Appendix 5 refer).

6
The term “owners’ organization” has the same meaning as defined by section 2 of the PMSO i.e. “in relation to a
property, means an organization (whether or not formed under the Building Management Ordinance (Cap. 344)
(BMO) or a deed of mutual covenant) that is authorised to act on behalf of all the owners of the property”.
2
PMC arranging for scaffolding work

Code：B(1) A licensed PMC, when engaging a contractor to carry out construction

work involving scaffolding work in respect of the property in respect
of which PMSs are provided by it, has to:

(a) ensure that the contractor concerned abides by the contractual

terms of the scaffolding work contract entered into;
(b) remind the contractor concerned to abide by relevant laws/
subsidiary legislations 7 and guidelines 8 issued by relevant
authorities;
(c) remind the contractor concerned to ensure that, so far as is
reasonably practicable, suitable and adequate safe access to and
egress from the place of work is provided and properly
maintained9;
(d) remind the contractor concerned to take adequate steps to
prevent any person from falling from a place of work with a
height of 2 metres or more10;
(e) remind the contractor concerned that the scaffold has to be
erected by trained workers under the direction and immediate
supervision of a competent person11;
(f) remind the contractor concerned that the scaffold has to be
inspected by a competent person before it is used for the first
time, after expansion or modification, after weathering and
within 14 days before each subsequent usage, and a report has

07
T he r elevant laws/subsidiary legislations are e.g. Factories and Industrial Undertakings Ordinance, Construction
Sites (Safety) Regulations, Occupational Safety and Health Ordinance and the requirement that the employer
concerned has to take out employees’ compensation insurance under the Employees’ Compensation Ordinance
(Cap. 282), etc.
08
Guidelines issued by relevant organizations include:
(i) Code of Practice for Bamboo Scaffolding Safety issued by the Labour Department
(https://www.labour.gov.hk/eng/public/os/B/Bamboo.pdf)
(ii) 《 懸 空 式 竹 棚 架 構 造 及 工 作 安 全 指 南 》
( h ttp s: // www. lab o u r. go v.h k /co m mo n /p ub l ic /p d f/ o s/ D/TOS_ G uid a nce_ no t es_ tc.p d f )
(only available in Chinese)
(iii) 勞工處特函─在合資格的人的直接監督下架設、相當程度上的擴建、更改或拆卸棚架(Ref(8) in LD
ELD/1-10/1) (https://www.housingauthority.gov.hk/mini-site/site-
safety/common/resources/alerts/2019/SH-2019-48c-LD.pdf) (only available in Chinese)
(iv) Guidelines on the Design and Construction of Bamboo Scaffolds issued by the Buildings Department
(https://www.bd.gov.hk/doc/en/resources/codes-and-references/code-and-design-manuals/GDCBS.pdf)
and
(v) Guidelines on Safety Enhancement of and Notification Arrangement for Truss-out Bamboo Scaffolds
issued by the Construction Industry Council
(https://www.cic.hk/files/page/50/Guidelines%20on%20Safety%20Enhancement%20of%20and%20Notif
ication%20Arrangement%20for%20Truss-out%20Bamboo%20Scaffolds.pdf)
09
Refer to Section 38A of Construction Sites (Safety) Regulations.
10
Refer to Section 38B of Construction Sites (Safety) Regulations.
11
Refer to Section 38E “Trained workmen to erect scaffold under supervision” of Construction Sites (Safety)
11
Regulations.
3
 to be made according to relevant requirements12,13;
(g) inspect the validity of the insurance policy (including employee
compensation insurance) taken out by the contractor concerned
for the related scaffolding work; and
(h) check the reports made by the competent person responsible for
inspecting the scaffold before the scaffold is used for the first
time and thereafter timely.

B(2) If the contractor mentioned in paragraph B(1) of the Code is engaged

by the owners’ organization (if any) directly, the licensed PMC has to
remind the owners’ organization of the guidelines set out in paragraphs
B(1)(a) to (h) of the Code so as to enable the owners’ organization to
remind the contractor concerned accordingly.

Guide:
b(1) To comply with the guidelines set out in paragraph B(1) of the Code, a licensed
PMC should:

(a) engage suitable contractors with good safety record for carrying out the
scaffolding work;
(b) include in the scaffolding work contract the safety regulations, measures
and terms in detail for the contractor to follow and implement;
(c) require the contractor to complete and submit the notification form 14
recommended for use by the Construction Industry Council at least 5 days
before erecting the scaffold;
(d) provide the notification form concerned to the Labour Department for
notification;
(e) cooperate with relevant departments (e.g. the Labour Department) in their
inspections (if any);
(f) conduct random check timely on the training qualifications of the
scaffolding workers of the contractor (e.g. green card, skill test, worker
registration and other training certificates/ records – e.g. ACCP 15 /
DOCC16);

12
Refer to Section 38F(1) of Construction Sites (Safety) Regulations.
13
Refer to Appendix 1 – Form 5 of Code of Practice for Bamboo Scaffolding Safety issued by the Labour
Department (https://www.labour.gov.hk/text_alternative/pdf/eng/CSSR-F5.pdf)
14
Refer to Annex B – Truss-out Bamboo Scaffold Notification Form in Guidelines on Safety Enhancement of and
Notification Arrangement for Truss-out Bamboo Scaffolds issued by the Construction Industry Council
(https://www.cic.hk/files/page/50/Guidelines%20on%20Safety%20Enhancement%20of%20and%20Notificatio
n%20Arrangement%20for%20Truss-out%20Bamboo%20Scaffolds.pdf)
15
ACCP: Certificate Course in the Selection, Installation, Use, Inspection and Testing of Anchor Devices and Cast-
in Anchors for Attachment of Personal Fall Protection Equipment for Truss-out Bamboo Scaffolds held by the
Occupational Safety and Health Council.
16
DOCC: Certificate Course in Safety at Work for Repair, Maintenance, Alteration and Addition Works held by the
Occupational Safety and Health Council.
4
 (g) conduct random check timely on the anti-falling devices used in the
scaffold concerned (e.g. eye bolts (commonly known as sheep-eye rings)
or mobile anti-falling devices) and remind scaffolding workers to wear
safety harness before passing through windows or carrying out works on
the outer wall of a building and ensure that the safety harness is fastened
on anti-falling devices; and
(h) cooperate with the works carried out by the contractor so far as reasonably
practicable (for example, let the contractor install tethers in appropriate
places, such as eye bolts (commonly known as sheep-eye rings)/ mobile
anti-falling devices, etc.) to enable the workers for fastening the whole-
body safety harness to work safely so as to prevent falling from heights.

b(2) To comply with the guidelines set out in paragraph B(2) of the Code, a licensed
PMC should remind the owners’ organization (if any) of the recommendations
set out in paragraphs b(1)(a) to (h) of the Guide so as to enable it to deal with the
matters properly.

PMC handling scaffolding work carried out by individual flats

Code：C(1) A licensed PMC, in respect of the construction work carried out by

individual flats involving scaffolds, has to deal with the application for
erection of the scaffold (Application) by the flat concerned, and also has
to:

(a) establish the terms and procedures for the Application (if there is
no owners’ organization); or
(b) agree with the owners’ organization (if any) 17 for the terms and
procedures of the Application.

C(2) A licensed PMC has to remind the owners or their authorised persons of
individual flats in respect of contractors engaged by them to carry out
construction work involving scaffolding work, and the owners or their
authorised persons concerned have to ensure that the contractors:

(a) abide by the contractual terms of the scaffolding work contract

entered into;
(b) abide by the relevant laws/ subsidiary legislations 18 and

17
The agreement does not affect the work of a licensed PMC as the manager to carry out its duties pursuant to the
Buildings Management Ordinance (Cap. 344) or the deed of mutual covenant of the respective property. The
term “manager” has the same meaning as that defined by section 34D of the BMO.
18
The relevant laws are e.g. Factories and Industrial Undertakings Ordinance, Construction Sites (Safety)
Regulations, Occupational Safety and Health Ordinance and the requirement that the employer concerned has to
take out employees’ compensation insurance under the Employees’ Compensation Ordinance (Cap. 282), etc.
5
 guidelines19 issued by relevant organizations;
(c) so far as is reasonably practicable, suitable and adequate safe
access to and egress from the place of work is provided and
properly maintained20;
(d) take adequate steps to prevent any person from falling from a
place of work with a height of 2 metres or more21;
(e) arrange the scaffold to be erected by trained workers under the
direction and immediate supervision of a competent person22;
(f) inspect the scaffold by a competent person before it is used for
the first time, after expansion or modification, after weathering
and within 14 days before each subsequent usage, and a report
has to be made in accordance with relevant regulations23,24;
(g) have taken out a valid insurance policy (including employee
compensation insurance) for the scaffolding work concerned; and
(h) check the reports made by the competent person responsible for
inspecting the scaffold before the scaffold is used for the first
time and thereafter timely.

Guide:
c(1) A licensed PMC should issue to the owners or their authorised persons
concerned in respect of the contractors engaged by them entering the flats
concerned to carry out construction work involving scaffolding work a written
permit, setting out the relevant terms including the time frame for the
scaffolding work (the dates of commencement of the erection and completion
of the dismantling), the restrictions on the hours and dates of work, the deposit
(renovation deposit) to be paid by the owners or their authorised persons and

19
Guidelines issued by relevant organizations include:
(i) Code of Practice for Bamboo Scaffolding Safety issued by the Labour Department
(https://www.labour.gov.hk/eng/public/os/B/Bamboo.pdf)
(ii) 《 懸 空 式 竹 棚 架 構 造 及 工 作 安 全 指 南 》
( h ttp s: // www. lab o u r. go v.h k /co m mo n /p ub l ic /p d f/ o s/ D/TOS_ G uid a nce_ no t es_ tc.p d f )
(only available in Chinese)
(iii) 勞工處特函─在合資格的人的直接監督下架設、相當程度上的擴建、更改或拆卸棚架(Ref(8) in LD
ELD/1-10/1) (https://www.housingauthority.gov.hk/mini-site/site-
safety/common/resources/alerts/2019/SH-2019-48c-LD.pdf) (only available in Chinese)
(iv) Guidelines on the Design and Construction of Bamboo Scaffolds issued by the Buildings Department
(https://www.bd.gov.hk/doc/en/resources/codes-and-references/code-and-design-manuals/GDCBS.pdf)
and
(v) Guidelines on Safety Enhancement of and Notification Arrangement for Truss-out Bamboo Scaffolds
issued by the Construction Industry Council
(https://www.cic.hk/files/page/50/Guidelines%20on%20Safety%20Enhancement%20of%20and%20Notif
ication%20Arrangement%20for%20Truss-out%20Bamboo%20Scaffolds.pdf)
20
Refer to Section 38A of Construction Sites (Safety) Regulations.
21
Refer to Section 38B of Construction Sites (Safety) Regulations.
22
Refer to Section 38E “Trained workmen to erect scaffold under supervision” of Construction Sites
(Safety) Regulations.
23
Refer to Section 38F(1) of Construction Sites (Safety) Regulations.
24
Refer to Appendix 1 – Form 5 of Code of Practice for Bamboo Scaffolding Safety issued by the Labour
Department (https://www.labour.gov.hk/text_alternative/pdf/eng/CSSR-F5.pdf)
6
 the terms for refunding the renovation deposit, etc.

c(2) A licensed PMC has to remind the owners or their authorised persons of
individual flats in respect of the contractor engaged by them to carry out
construction work involving scaffolding work, that the owners or their
authorised persons concerned should:

(a) engaged suitable contractors with good safety record for carrying out the
scaffolding work;
(b) include in the scaffolding work contract the safety regulations, measures
and terms in detail for the contractor to follow and implement;
(c) require the contractor to complete and submit the notification form 25
recommended for use by the Construction Industry Council at least 5
days before erecting the scaffold;
(d) provide the notification form concerned to the Labour Department for
notification;
(e) cooperate with relevant departments (e.g. the Labour Department) in
their inspections (if any);
(f) conduct random check timely on the training qualifications of the
scaffolding workers of the contractor (e.g. green card, skill test, worker
registration and other training certificates/records – e.g. ACCP 26 /
DOCC27);
(g) conduct random check timely on the anti-falling devices used in the
respective scaffold concerned (e.g. eye bolts (commonly known as
sheep-eye rings) or mobile anti-falling devices) and remind scaffolding
workers to wear a safety harness before passing through windows or
carrying out works on the outer wall of a building and ensure that the
safety harness is fastened on anti-falling devices; and
(h) cooperate with the works carried out by the contractor so far as
reasonably practicable (for example, let the contractor install tether at
appropriate places, such as eye bolts (commonly known as sheep-eye
rings)/ mobile anti-falling devices, etc.) to enable the workers for
fastening the whole-body safety harness to work safely so as to prevent
falling from heights.

25
Refer to Annex B – Truss-out Bamboo Scaffold Notification Form in Guidelines on Safety Enhancement of and
Notification Arrangement for Truss-out Bamboo Scaffolds issued by the Construction Industry Council
(https://www.cic.hk/files/page/50/Guidelines%20on%20Safety%20Enhancement%20of%20and%20Notificatio
n%20Arrangement%20for%20Truss-out%20Bamboo%20Scaffolds.pdf)
26
ACCP: Certificate Course in the Selection, Installation, Use, Inspection and Testing of Anchor Devices and Cast-
in Anchors for Attachment of Personal Fall Protection Equipment for Truss-out Bamboo Scaffolds held by the
Occupational Safety and Health Council.
27
DOCC: Certificate Course in Safety at Work for Repair, Maintenance, Alteration and Addition Works held by
the Occupational Safety and Health Council.
7
Monitoring scaffolding work

Code： D(1) A licensed PMC has to, so far as reasonably practicable, monitor and
record scaffolding work as stated in the Code. If abnormalities (e.g.
the scaffold makes abnormal noise) are found, it has to handle and
follow-up with the matter properly.
D(2) If a licensed PMC discovers that the contractor concerned contravenes
the law/subsidiary legislation when carrying out scaffolding work as
stated in paragraphs A(2), B(1), B(2) or C(2) of the Code, the licensed
PMC has to instruct the contractor concerned (if engaged by the PMC
or the owners’ organization) to stop the scaffolding work immediately,
or demand the owners of the flat concerned or their authorised persons
to instruct the contractor concerned (if engaged by owners or their
authorised persons of individual flats) to stop the scaffolding work
immediately, and discuss with the owners’ organization (if any) to take
follow-up action (e.g. reporting to the relevant law enforcement
agencies); if there is no owner’s organization, the licensed PMC has
to, so far as reasonably practicable, take appropriate follow-up action
(e.g. reporting to the relevant law enforcement agencies).

Guide:
d(1) A licensed PMC should strengthen monitoring if scaffolding work is carried out
in adverse weather (e.g. heavy rain or strong winds) or in the typhoon season.

d(2) A licensed PMC should remind the contractor and/ or the owners or their
authorised persons concerned for improvement if the abnormalities are related
to general breaches (e.g. loud noise or working outside designated hours). If the
abnormalities involve concerned scaffold safety and/or workers safety issues, a
licensed PMC should notify the contractor and/or the owners or their authorised
persons immediately for follow-up actions.

Issuing notice

Code：E(1) A licensed PMC has to, so far as reasonably practicable, display

notices in prominent place of the lobby of the property concerned to
inform the owners and relevant persons (i.e. residents of various flats)
about scaffolding work before such work commences.

Guide:
e(1) A licensed PMC should include in the notice:

(a) the affected area, facility, flat and floor, work nature and duration the
scaffold remains erected; and

8
 (b) a reminder to owners and relevant persons (e.g. residents of various flats),
especially for flats that may be affected (e.g. nearby flats of the
scaffolding work) to close the windows during scaffolding work, to
remain vigilant while the scaffold remains erected, and to notify the
property management office or security office immediately if
abnormalities are found (e.g. if suspicious persons are found or sounds are
detected on the scaffold).

Follow-up work after completion of scaffolding work

Code： F(1) A licensed PMC, after completion of the scaffolding work, has to:

(a) by themselves, in respect of the scaffolding work as stated in

paragraph A(1) of the Code; and
(b) remind related workers, in respect of the scaffolding work as
stated in paragraph A(2) of the Code to,
dismantle the scaffold appropriately, clear up the affected area and
properly restore damaged facilities and areas arising from the
scaffolding work.

F(2) A licensed PMC, after completion of the scaffolding work as stated in

paragraphs A(2), B(1) or B(2) of the Code, has to:
(a) remind the contractor or owners’ organisation (if applicable)
concerned that the scaffold has to be dismantled by trained
workers under the direction and immediate supervision of
competent persons28;
(b) ensure that the contractor dismantles the scaffold and clears up
the area concerned;
(c) ensure that the contractor restores properly the damaged
facilities and areas arising from the scaffolding work; and
(d) refund the renovation deposit concerned timely.

28
Refer to Section 38E of Construction Sites (Safety) Regulations.
9
 F(3) A licensed PMC, after completion of the scaffolding work as stated in
paragraph C(2) of the Code, has to:

(a) remind the owners or their authorised persons that they have
to instruct the contractor engaged by them to:
(i) arrange for the scaffold to be dismantled by trained
workers under the direction and immediate supervision
of competent persons29;
(ii) dismantle the scaffold and clear up the area; and
(iii) restore properly the damaged facilities and areas arising
from the scaffolding work.
(b) refund the renovation deposit concerned timely.

Guide:
f(1) The damaged facilities and areas as stated in paragraphs F(2)(c) and F(3)(a)(iii)
of the Code should include facilities and areas of other affected flats.
Keeping records

Code：G(1) Except for the scaffolding work contracts entered into by the
contractors and the owners or their authorised persons concerned and
the relevant documents as stated in paragraph C(2) of the Code, a
licensed PMC has to keep all records, documents and information of
each case of scaffolding work for not less than six years30.

Guide:
g(1) A licensed PMC should:

(a) make sure the records contain the name, position, signature and date of
the recording officer for follow-up actions;
(b) keep the records, documents and information in a safe place; and
(c) upon written request made by relevant authorities as required by the law
or by the owners’ organization (if any), provide timely the relevant
records, documents and information for their reference.

End

If there is any inconsistency between the Chinese version and the English version of
this Guide, the Chinese version shall prevail.

29
Refer to Section 38E of Construction Sites (Safety) Regulations.
30
This guideline is made with reference to section 20A(4) of the BMO.
10
 Appendix 1

Factories and Industrial Undertakings Ordinance

6A.
General duties of a proprietor
(1) It shall be the duty of every proprietor of an industrial undertaking to ensure, so far as is
reasonably practicable, the health and safety at work of all persons employed by him at
the industrial undertaking.
(2) Without prejudice to the generality of a proprietor’s duty under subsection (1), the matters
to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is
reasonably practicable, safe and without risks to health
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence
of risks to health in connection with the use, handling, storage and transport of
articles and substances
(c) the provision of such information, instruction, training and supervision as is
necessary to ensure, so far as is reasonably practicable, the health and safety at
work of all persons employed by him at the industrial undertaking
(d) so far as is reasonably practicable as regards any part of the industrial undertaking
under the proprietor’s control, the maintenance of it in a condition that is safe and
without risks to health and the provision and maintenance of means of access to
and egress from it that are safe and without such risks and
(e) the provision and maintenance of a working environment for all persons
employed by him at the industrial undertaking that is, so far as is reasonably
practicable, safe, and without risks to health.
(3) Subject to subsection (4), a proprietor of an industrial undertaking who contravenes this
section commits an offence and is liable to a fine of $500,000.
(4) A proprietor of an industrial undertaking who contravenes this section wilfully and
without reasonable excuse commits an offence and is liable to a fine of $500,000 and to
imprisonment for 6 months.

11
 Appendix 2

Occupational Safety and Health Ordinance

6.
Employers to ensure safety and health of employees
(1) Every employer must, so far as reasonably practicable, ensure the safety and health at work of all
the employer’s employees.
(2) The cases in which an employer fails to comply with subsection (1) include (but are not limited
to) the following—
(a) a failure to provide or maintain plant and systems of work that are, so far as reasonably
practicable, safe and without risks to health
(b) a failure to make arrangements for ensuring, so far as reasonably practicable, safety and
absence of risks to health in connection with the use, handling, storage or transport of
plant or substances
(c) a failure to provide such information, instruction, training and supervision as may be
necessary to ensure, so far as reasonably practicable, the safety and health at work of the
employer’s employees
(d) as regards any workplace under the employer’s control—
(i) a failure to maintain the workplace in a condition that is, so far as reasonably
practicable, safe and without risks to health or
(ii) a failure to provide or maintain means of access to and egress from the workplace
that are, so far as reasonably practicable, safe and without any such risks
(e) a failure to provide or maintain a working environment for the employer’s employees
that is, so far as reasonably practicable, safe and without risks to health.
(3) An employer who fails to comply with subsection (1) commits an offence and is liable on
conviction to a fine of $200,000.
(4) An employer who fails to comply with subsection (1) intentionally, knowingly or recklessly
commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6
months.

12
 Appendix 3
Factories and Industrial Undertakings Ordinance
6BA.
Proprietor of relevant industrial undertaking not to employ, etc. relevant person who does not
have relevant certificate
(1) In this section—

equivalent document
(同等文件) means a document recognized by the Commissioner for the purposes of section 6BA(7)(a) as
being equivalent to a person’s relevant certificate;

relevant person
(有關人士) in relation to a relevant industrial undertaking, means a person the subject of a notice under
subsection (2) in the case of that undertaking

relevant industrial undertaking

(有關工業經營) means an industrial undertaking the subject of a notice under subsection (2)

relevant safety training course

(有關安全訓練課程) in relation to a relevant person, means the safety training course the subject of a
notice under subsection (2) in the case of the class of persons to which that person belongs

relevant certificate
(有關證明書) in relation to a relevant person employed at a relevant industrial undertaking, means the
certificate issued to the person in respect of his attendance at the relevant safety training course which
relates to that undertaking

appointed day
(指定日期) means the day appointed under subsection (17)

certificate
(證明書) means a certificate referred to in subsection (2).

(2) The Commissioner may, by notice in the Gazette, or by notice in writing published in such other
manner as the Commissioner thinks fit, recognize a safety training course—
(a) for a class of persons—
(i) employed at an industrial undertaking specified in column 1 of Schedule 4 and
(ii) belonging to the persons specified opposite the undertaking in column 2 of that Schedule and
(b) in respect of which a certificate is issued to a person who attends the course.

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(3) A certificate issued to a person who attends a safety training course which is subsequently recognized
under subsection (2) shall, unless otherwise provided in the notice under that subsection recognizing
the course, for the purposes of this Ordinance have the same effect as a certificate issued to a person
who attends the course on or after the day on which the course is so recognized.
(4) Where the Commissioner is satisfied that a relevant person has undergone training—
(a) equivalent to the training provided by a relevant safety training course and
(b) of a standard not less than the standard of the training provided by that course,
then—
(i) the Commissioner may issue or cause to be issued to the person a certificate in the same
terms as the certificate that would have been issued to the person if he had attended that course
and
(ii) the certificate so issued shall, for the purposes of this Ordinance, have the same effect as
a certificate issued to a person who has attended that course.
(5) On and after the appointed day, every proprietor of a relevant industrial undertaking—
(a) shall not employ at the undertaking a relevant person who has not been issued a relevant
certificate or whose relevant certificate has expired
(b) in the case of a relevant person employed at the undertaking—
(i) immediately before that day who has not been issued a relevant certificate or whose relevant
certificate has expired, shall cease to continue to employ the person at the undertaking on the
expiration of 1 month after that day unless, before that expiration, the person has been issued
a relevant certificate
(ii) on or after that day whose relevant certificate expires during the course of his employment,
shall cease to continue to employ the person at the undertaking on the expiration of 1 month
after the expiration of the certificate unless, before the expiration of that month, the person has
been issued a relevant certificate.
(6) A certificate shall expire on—
(a) the day specified in the certificate, being a day not less than 1 year, and not more than 3 years,
after the day on which the certificate was issued
(b) if no such day is specified, on the expiration of 3 years after the day on which the certificate
was issued.
(7) On and after the appointed day, it shall be the duty of every relevant person employed at a relevant
industrial undertaking who has been issued a relevant certificate which has not expired to—
(a) carry with the person the certificate or an equivalent document while at work at the undertaking;
(b) produce the certificate upon demand by—
(i) subject to paragraph (c), the proprietor of the undertaking or an agent of the proprietor
authorised by the proprietor for the purpose or
(ii) subject to paragraph (d), an occupational safety officer
(c) if unable to comply with a demand under paragraph (b)(i), make a statement—

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 (i) subject to subparagraph (ii), in a register kept by the proprietor of the undertaking under
subsection (8), that he has been issued the certificate and the certificate has not expired
and containing such other particulars as are required by the register and
(ii) if and only if he has not made a like statement in that register on the day immediately
preceding the day on which that demand is made
(d) if unable to comply with a demand under paragraph (b)(ii), produce the certificate at a place
and within a period—
(i) specified by the occupational safety officer who made the demand and
(ii) which are reasonable in all the circumstances.
(8) On and after the appointed day, every proprietor of a relevant industrial undertaking shall—
(a) establish and maintain a register or registers for the purposes of subsection (7)(c) in such form
as is specified by the Commissioner
(b) not cause or permit any statement referred to in subsection (7)(c) made in any such register to
be removed therefrom at any time before the expiration of 18 months from the date on which
the statement was made in the register.
(9) Where a relevant certificate which has not expired has been lost, defaced or destroyed, the relevant
person to whom it was issued shall, unless he has ceased to be employed at a relevant industrial
undertaking, as soon as is reasonably practicable make an application to the Commissioner to be
issued a replacement relevant certificate in the same terms (and any such application may consist of,
or require the accompaniment of, a statutory declaration made by the person as to the loss, defacement
or destruction of the certificate).
(10) The Commissioner shall issue or cause to be issued a replacement relevant certificate pursuant to an
application under subsection (9) upon being satisfied that the relevant certificate which it will replace
has in fact been lost, defaced or destroyed.
(11) A replacement relevant certificate issued pursuant to an application under subsection (9) shall, for
the purposes of this Ordinance, have the same effect as the relevant certificate which it replaces.
(12) Subject to subsection (13), a proprietor who contravenes subsection (5) commits an offence and is
liable to a fine at level 5.
(13) It shall be a defence to a prosecution for an offence under subsection (12) for the proprietor to show
that he believed, and that it was reasonable for him to believe, that the relevant person to whom the
offence relates had been issued with a relevant certificate and that the certificate had not expired.
(14) A relevant person employed at a relevant industrial undertaking who—
(a) makes a statement referred to in subsection (7)(c) and
(b) is not a person who has been issued a relevant certificate which has not expired at the time of
making that statement,
commits an offence and is liable to a fine at level 3.
(15) A relevant person who, without reasonable excuse, contravenes subsection (7)(d) commits an
offence and is liable to a fine at level 3.
(16) A proprietor who contravenes subsection (8) commits an offence and is liable to a fine at level 3.
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*(17) The Secretary for Education and Manpower may, by notice in the Gazette, appoint a day for the
purposes of subsections (5), (7) and (8).
(18) A notice under subsection (17) is subsidiary legislation.
(19) For the avoidance of doubt, it is hereby declared that subsection (5)(b) shall not operate to entitle an
employer to terminate the contract of employment of an employee otherwise than in accordance with
the provisions of the Employment Ordinance (Cap. 57) in the case of an employee within the meaning
of section 2(1) of that Ordinance.

Editorial Note:

* 1 May 2001 was the day appointed under this subsection—see Cap. 59 sub. leg. AH.

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 Appendix 4

Factories and Industrial Undertakings Ordinance

6B.
General duties of persons employed
(1) It shall be the duty of every person employed at an industrial undertaking while at work—
(a) to take reasonable care for the health and safety of himself and of other persons who may
be affected by his acts or omissions at work and
(b) as regards any duty or requirement imposed on a proprietor of the industrial undertaking or
on any other person by this Ordinance for securing the health and safety of persons
employed at the industrial undertaking, to co-operate with him so far as is necessary to
enable that duty or requirement to be performed or complied with.
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 4.
(3) A person employed at an industrial undertaking who wilfully and without reasonable excuse does
anything while at work likely to endanger himself or other persons commits an offence and is
liable to a fine at level 5 and to imprisonment for 6 months.

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 Appendix 5

Occupational Safety and Health Ordinance

8.
Employees at work to take care of others and to co-operate with employer
(1) An employee while at work—
(a) must, so far as reasonably practicable, take care for the safety and health of persons
(including the employee) who are at the employee’s workplace and who may be affected by
the employee’s acts or omissions at work and
(b) as regards any requirement imposed in the interests of safety or health on the employee’s
employer or any other person by this or any other Ordinance, must, so far as reasonably
practicable, co-operate with the employer or other person so far as may be necessary to
enable the requirement to be complied with.
(2) An employee who fails to comply with subsection (1) commits an offence and is liable on
conviction to a fine at level 3.
(3) An employee who fails to comply with subsection (1) intentionally, knowingly or recklessly
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6
months.

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