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Following is a question by the Hon Christine Loh and a written reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Legislative Council today (May 17):

Question:

Regarding the adverse health effects suffered by the public during periods when the Air Pollution Index ("API") reaches high levels, will the Government inform this Council:

(a) whether it has assessed if persons suffering from heart diseases, asthma or respiratory diseases are entitled to paid leave on days of high pollution, as they will have to venture into the streets with polluted air on the journey to work;

(b) whether, in view of the health risks associated with travelling to and from work on days of poor air quality, it plans to issue a code, similar to the Code of Practice in times of Typhoons and Rainstorms, recommending employers not to require employees to report for duty on these days unless their services are absolutely essential;

(c) of the factors it will take into consideration and their relative weights when it evaluates the proposal to close schools on days when the API is high;

(d) whether it is a breach of the Occupational Safety and Health Regulations (Cap. 509 sub. leg.) for employers to supply air to a workplace by drawing in external air which has a quality inferior to the Air Quality Objectives; and

(e) of the legal protection for workers who are required to work outdoors when the air quality is inferior to the Air Quality Objectives?

Reply:

Madam President,

(a) The Air Pollution Index (API) measures the quality of air at different locations. It helps the general public, especially those with heart or respiratory illnesses, to consider taking precautionary measures when necessary. When the API reaches a very high level, i.e. between 101 and 200, a person with no underlying disease may notice discomfort but is not normally affected by the pollution; however, the Environmental Protection Department will advise that persons who have health problems should reduce physical exertion and outdoor activities.

To alleviate the possible adverse effects caused by polluted air outdoor workers with respiratory or cardiovascular disease may wish to use protective respirators. The Hong Kong Medical Association, the Labour Department, the Department of Health and the Environmental Protection Department have jointly published a guidance note entitled "Guidance for Physicians on Assessment of Medical Fitness to Use Respiratory Protection in Conditions of High Roadside Air Pollution Index". It aims to assist medical practitioners to assess the medical fitness of their patients in using respiratory protection. If a patient is assessed unfit to use respirators at work*1, the medical practitioner may recommend his employer to deploy him to work indoors. If such deployment is not practicable, or the medical conditions of the patient are such as to render him unfit to work on days of very high pollution, the medical practitioner would normally grant him sick leave. Employees granted sick leave are entitled to sickness allowance in accordance with the provisions of the Employment Ordinance, and the terms of their employment contracts.

(b) Workers can work on days of poor air quality, and if necessary, with suitable respiratory protection or through indoor redeployment. Exposure to very high pollution levels between API 101 and 200 for a short period of time during travelling to and from work will not lead to any significant health problems. Therefore, we do not consider it necessary to recommend employers not to require employees to report for duty on such occasions as a rule.

(c) At present, schools are not required to close on days when API is high. The Government will conduct an overall review of temporary mitigation measures on days with severe air pollution. We will take into account factors such as the adverse effect on the health of different vulnerable groups including students, the possible duration of exposure and other economic and social considerations.

(d) Air Quality Objectives*2 (AQOs) apply to the whole Territory so that people of Hong Kong are equally protected. Under the Occupational Safety and Health Regulation, an employer is required to keep the workplace clean and adequately ventilated by fresh air, which should be, as far as practicable, free of impurities. Drawing into the workplace air the quality of which is inferior to AQOs may not necessarily breach the Occupational Safety and Health Regulation, because polluted air could be improved by suitable filters in the ventilation system.

In enforcing the Occupational Safety and Health Regulation, the Labour Department would take the Occupational Exposure Limits (OELs) as the compliance standards for air quality of all workplaces. OELs are defined as the level of harmful chemical substances*3 in workplace air at which there is no significant risk of adverse health effects. They are used in assessing and monitoring workplaces for health hazards. Although OELs are not part of the Regulation, the Labour Department would submit the failure in meeting them as an evidence for a breach of the relevant provisions of the Regulation.

(e) Under the general duties provisions of the Occupational Safety and Health Ordinance, it is the responsibility of the employer to ensure, as far as reasonably practicable, the safety and health at work of all the employees. The employer should therefore be responsible for providing the employees with adequate and appropriate protective gear if they are required to work outdoors on days of very high air pollution.

*1 Wearing a respirator results in increased resistance to breathing and could lead to an exacerbation of the underlying illnesses in individual cases. Therefore, workers with poor lung function or a history of certain heart conditions may be incompatible with respirator use.

*2 Air Quality Objectives were established in 1987 under the Air Pollution Control Ordinance for seven common air pollutants including sulphur dioxide, total suspended particulates, respirable suspended particulates, nitrogen dioxide, carbon monoxide, photochemical oxidants and lead, etc. They act as a yardstick for the management of air quality for Hong Kong. The Government is obliged to achieve the air quality objectives as soon as reasonably practicable and to maintain thereafter to safeguard the health and well being of the people of Hong Kong.

*3 These chemical substances are given in the "Reference Note on Occupational Exposure Limits for Chemical Substances in the Work Environment" published by the Labour Department.

End/Wednesday, May 17, 2000

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