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Following is a question by the Hon Ip Wai-ming and a reply by the Secretary for Labour and Welfare, Mr Matthew Cheung, in the Legislative Council today (January 6):
Question:
In recent years, fatal industrial accidents happened one after another in Hong Kong, and some of them involved employees working during inclement weather. In this connection, will the Government inform this Council:
(a) of the number of industrial accidents, in each of the past three years, which involved employees working when typhoon or rainstorm warning signals were in force, the resultant casualties and causes of the accidents, as well as the number of employers who were convicted because their fault caused such accidents and the penalties imposed on them;
(b) whether it will amend the relevant legislation to prohibit employees from performing certain or all high-risk duties (eg working on outdoor scaffoldings and performing cleaning work, as well as carrying out maintenance, alteration and extension works on external walls of buildings) under typhoon or rainstorm warnings; if so, of the details; if not, the reasons for that; and
(c) given that the Code of Practice in times of Typhoons and Rainstorms of the Labour Department stipulates that when Typhoon Warning Signal No. 8 or above is in force, employers should only request essential staff to stay on duty when there is an absolute need, and non-essential staff should not be required to report for duty or should be released from work in stages, and yet I have learnt that many employers still request employees to report for or stay on duty (eg waiters, security guards and shop salespersons, etc.) when Typhoon Warning Signal No 8 is in force, whether the Government will amend the relevant legislation to prohibit employees from reporting for or staying on duty when Typhoon Signal No 8 or above is in force, so as to safeguard their safety; if it will, of the details; if not, the reasons for that?
Reply:
Madam President,
(a) According to the records of the Labour Department (LD), there was no fatal industrial accident caused by inclement weather such as typhoon or rainstorm in the past three years (2007 to 2009). Furthermore, since statistics of occupational injuries are classified by the cause of accidents, eg fall of person from height, injured while lifting or carrying, or drowning, etc (ie "Type of Accident"), rather than by working condition such as working under typhoon, LD does not have information on the occupational injuries of workers owing to work in inclement weather.
(b) The Government attaches great importance to ensuring the safety of employees at work. The existing occupational safety and health (OSH) legislation has already put in place a system to safeguard the safety and health of employees at work.
Although the OSH legislation does not specifically prohibit outdoor work under adverse weather conditions, including typhoon or rainstorm warnings, the general duties provisions in the Occupational Safety and Health Ordinance (OSHO), Cap 509, and the Factories and Industrial Undertakings Ordinance, Cap 59, impose a duty on employers to ensure the safety and health of their employees at work by providing them with a safe workplace, safe plants and safe systems of work.
Accordingly, regardless of the type of work activities involved, if employees have to work in inclement weather, employers should ensure the proper control of risks which may arise from such weather condition and reduce such risks to the lowest extent as is reasonably practicable. Employers who fail to comply with the said provisions are liable to a maximum fine of $500,000 and imprisonment for six months.
In addition to the general duties provisions, employers should also comply with the provisions of the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations and the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation where such outdoor work involves the use of crane or suspended working platform. Under these Regulations, the appliance shall not be used under weather conditions likely to endanger its stability. Moreover, the appliance shall be re-tested by a competent examiner after exposure to weather conditions likely to have affected its stability. Employers who fail to comply with the said provisions are liable to a maximum fine of $200,000 and imprisonment for 12 months.
In the case of scaffold, contractors shall arrange for re-inspection by a competent person after the exposure of the scaffold to weather conditions likely to have affected its strength or stability or to have displaced its part to ensure that it is in safe working order. Contractors who fail to comply with such provision are liable to a maximum fine of $200,000.
In view of the risks associated with working under adverse weather conditions, LD officers will remind employers and contractors of the need to observe the aforementioned provisions and adopt appropriate safety measures when inspecting workplaces and attending site safety meetings during the rainy and typhoon seasons. Such measures include the assessment of the risks of working in inclement weather, formulation of safe systems of work, contingency plans and arrangements of work in times of inclement weather. Where outdoor work in inclement weather cannot be avoided, employers shall ensure that the employees concerned fully understand the relevant safe system of work and are provided with the necessary instructions and supervision to carry out such outdoor work. LD will, depending on the circumstances of individual cases, issue warnings or even take out prosecution against employers or contractors found in breach of the relevant safety legislation.
As to promotion and publicity, LD has published the "Guide on Safety at Work in times of Inclement Weather" and the "Code of Practice in times of Typhoons and Rainstorms" ("the Code of Practice") to provide practical guidance for reference by employers and employees. The Code of Practice stipulates that employers should, in consultation with employees, draw up work arrangements and contingency measures during typhoons and rainstorms in advance. It also outlines the obligations of employers and employees under the OSHO.
LD also reminds employees, through such means as radio drama and press release, to be mindful of the safety measures that should be taken under inclement weather. Talks and promotional activities targeting specific sectors such as the construction and container-handling industries have also been organised.
(c) As I said before, the existing OSH legislation has already imposed a duty on employers to safeguard the safety and health of their employees at work. Since the nature and requirements of different jobs in different organisations, trades and industries are diverse, and some essential services like public transport, public utilities, medical services, hotels and security have to maintain normal operation even under adverse weather conditions, it is difficult to mandate specific work arrangements through legislative means. In fact, immediate suspension of certain services when tropical cyclone signal No. 8 is hoisted may both create inconvenience to the public and result in problems for certain trades relying on such services for their operations. For these reasons, it would not be practicable to introduce legislation to prohibit employees from reporting for or staying on duty when signal No. 8 or above is hoisted.
LD has published the Code of Practice to advise employers to draw up in advance work arrangements and contingency measures during typhoons and rainstorms in consultation with employees. If employers require their employees to report for duty when signal No. 8 or above is hoisted, they should be aware of their obligation under the OSHO to maintain a safe workplace for their employees. They should also ensure that the risks at work are properly controlled.
LD will regularly review the Code of Practice in light of experience. Before the typhoon season this year, LD will also continue to step up publicity to encourage employers to work with employees to draw up work arrangements in times of typhoons and rainstorms.
Ends/Wednesday, January 6, 2010
Issued at HKT 14:56
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