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LCQ13: Occupational safety
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     Following is a question by the Hon Poon Siu-ping and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (October 15):

Question:

     Regarding Hong Kong's occupational safety and industrial accidents, will the Government inform this Council of:

(1) the casualties caused by industrial accidents since January this year, and their breakdowns by industry;

(2) the annual number of cases since 2012 in which the authorities instituted prosecutions against employers by invoking the Occupational Safety and Health Ordinance (Cap. 509) and the Factories and Industrial Undertakings Ordinance (Cap. 59), including their subsidiary regulations, as well as the average and highest fines/terms of imprisonment imposed on the convicted employers; and

(3) the respective numbers of cases since 2012 in which the authorities instituted, by invoking the Employees' Compensation Ordinance (Cap. 282), prosecutions against employers for failing to give notices of work accidents of employees as required or for providing false or misleading information when giving notice of work accidents, as well as the average and highest fines/terms of imprisonment imposed on the convicted employers?

Reply:

President,

     My reply to the Hon Poon Siu-ping's question is set out below:

(1) The information on industrial injuries and fatal cases in the first quarter of 2014, and the respective breakdowns by industry, are set out at Annex 1.

     As at September 30, 2014, the provisional number of industrial fatal cases was 21, among which 17 cases occurred in the construction industry (including the above-mentioned 10 fatal cases), three cases involved container handling activities and one case in the transportation industry.

(2) The relevant figures in respect of prosecution against employers, contractors and proprietors, etc. under the Occupational Safety and Health Ordinance, the Factories and Industrial Undertakings Ordinance and their subsidiary regulations since 2012, and the average fines and the highest fines for common offences are set out at Annex 2.

(3) Section 15 of the Employees' Compensation Ordinance (ECO) stipulates that an employer must notify the Commissioner for Labour of an accident within a statutory period using a prescribed form. The notice period for a fatal case is seven days whilst that for a non-fatal case is 14 days. An employer who, without reasonable excuse, fails to give notice of an accident or makes or furnishes any false or misleading statement to the Commissioner for Labour commits an offence and is liable to a maximum fine of $50,000 upon conviction. The relevant figures in respect of prosecution, the average fine and the highest fine for contravening section 15 of ECO since 2012 are set out at Annex 3.

Ends/Wednesday, October 15, 2014
Issued at HKT 12:45

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