LCQ22: Occupational safety of foreign workers working at construction sites
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     Following is a question by the Hon Kwok Wai-keung and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (January 8):

Question:

     It has been reported that a fatal industrial accident occurred in November last year at a construction site in Yuen Long of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link project. A Filipino foreign worker was suspected of being electrocuted when working inside a tunnel 30 metres below the ground. In connection with the occupational safety of foreign workers working at construction sites, will the Government inform this Council:

(1) of the respective numbers of foreign workers of various trades in the construction industry at present, with a breakdown by the labour importation scheme concerned;

(2) of the resultant casualties of the industrial accidents which occurred at construction sites in the past three years (with a breakdown by the cause of the accident, casualty situation and trade), and among such accidents, the number and percentage of those involving foreign workers;

(3) given that the Construction Workers Registration Ordinance (Cap. 583) prohibits unregistered construction workers from carrying out on construction sites construction work, whether this requirement applies to foreign workers;

(i) if so, of the number of foreign workers currently registered under the Ordinance, and whether any prosecution was instituted against employers who employed unregistered foreign workers in the past three years; if prosecutions were instituted, of the number of such cases;

(ii) if not, of the reasons for that, and whether it will consider bringing foreign workers under the coverage of the Ordinance;

(4) whether it has required foreign workers in the construction industry to receive relevant technical training and obtain the same registration qualifications as local workers before they may carry out the relevant work; if it has, of the details and the regulatory regime; if not, the reasons for that; and

(5) whether it has any plan to conduct a comprehensive review of the existing mechanism of and requirements for foreign workers coming to Hong Kong to work in the construction industry as well as to step up inspections of construction sites; if it has, of the details; if not, the reasons for that?

Reply:

President,

     At present, employers in Hong Kong could apply to the Labour Department (LD) for importation of skilled workers under the Supplementary Labour Scheme (SLS). Talents/professionals of different trades could apply to the Immigration Department (ImmD) for working in Hong Kong.

     My reply to the Hon Kwok Wai-keung's question is set out below:

(1) As at end of November 2013, there were 383 skilled workers imported under SLS working on construction sites in Hong Kong. A breakdown by job type is at Annex 1. ImmD does not have information on the number of persons working in the construction sector through various admission schemes of talents/ professionals to Hong Kong.

(2) A breakdown of industrial accidents of the construction sector in the past three years (up to the first half of 2013) by year and type is set out at Annex 2. LD does not have information on breakdown of accidents by job type. In the past three years, no notification of industrial accidents involving workers working in the construction sector imported under SLS was received. The Administration does not have information on industrial accidents involving persons working in the construction sector through various admission schemes of talents/ professionals to Hong Kong.

(3) In accordance with the Construction Workers Registration Ordinance (CWRO), all construction workers (both local and foreign workers) carrying out construction works on construction sites shall be registered. According to the information from the Construction Industry Council, as at end-November 2013, there were around 320 000 registered construction workers in Hong Kong, and among them around 1 300 were foreign workers. In the past, there was no record of violation of the relevant provisions by principal contractors or employers of workers with regard to employment of foreign workers.

(4) In accordance with the current requirements of CWRO, workers holding a valid certificate of Mandatory Basic Safety Training (generally known as "Green Card") issued under the Factories and Industrial Undertakings Ordinance (FIUO) and having been registered as general workers, could carry out construction works at construction sites. Upon the full implementation of the prohibiting provisions under CWRO, workers will be required to be registered as workers of related trades in order to carry out construction works of specific trades. Furthermore, under the current FIUO and its subsidiary regulations, workers undertaking designated high risk processes (including operation of cranes and various load-shifting machineries, operation of suspended working platforms, confined spaces works and gas welding works, etc.) shall have received mandatory safety training recognised by LD. The aforesaid requirements are applicable to both local and foreign workers.

(5) LD safeguards the occupational safety and health of construction workers (including both local and foreign workers) through inspection and enforcement, publicity and promotion, as well as education and training. In 2013, upon conducting 61 529 inspections in the construction sector, LD issued 1 887 suspension notices/improvement notices and would initiate 1 988 prosecutions.

Ends/Wednesday, January 8, 2014
Issued at HKT 18:02

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