Significance of “specified industrial undertaking” (指明工業經營)

在“What’s “specified industrial undertaking” (指明工業經營) [工廠及工業經營(危險物質)規例]?” 中知道左有6類場叩 “specified industrial undertaking” (指明工業經營), 感點解要訂出呢D場所? 這就是 FACTORIES AND INDUSTRIAL UNDERTAKINGS (DANGEROUS SUBSTANCES) REGULATIONS 《工廠及工業經營(危險物質)規例》的本意 –

Cap 59AB 4:

These regulations apply to any dangerous substance that is present in a specified industrial undertaking for the purpose of, in connection with, or as a result of, any industrial process or operation, but do not apply to a substance that is in the process of undergoing chemical change or of being mixed or compounded with another substance.
本規例對為進行任何工業工序或工業運作、與任何工業工序或工業運作有關或由於進行任何工業工序或工業運作，而在指明工業經營中存在的任何危險物質適用，但對於正發生化學變化或正與另一物質混合或化合的物質，則不適用。

Duties of Proprietors x 4

1.    5. Container holding listed substance to be labelled
2.    6. Container holding dangerous mixture to be labelled
3.    11. Safety information, training and precautions
4.    12. Protective clothing and equipment

Duties of Persons employed x 3

1.    13. Safety precautions to be taken and use of protective clothing
2.    14. Misuse of labels, notices, and protective clothing and equipment
3.    15. Prohibition against eating, drinking and smoking

Offences and Penalties

• 16(1) The proprietor of an industrial undertaking in respect of which regulation 5 or 6 is contravened commits an offence and is liable to a fine of $50,000.
• 16 (2) A proprietor who contravenes regulation 11 commits an offence and is liable to a fine of $50,000.
• 16 (3) A proprietor who contravenes regulation 12 commits an offence and is liable to a fine of $50,000.
• 17 Any person who contravenes regulation 13, 14 or 15 commits an offence and is liable to a fine of $10,000.

當簡單了解左 Proprietor 及 Persons employed 的責任與其違反罰則, 下面就是比較詳細的例

Cap 59AB 5 Container holding listed substance to be labelled:

(1) Subject to regulation 7, every container holding a listed substance to which these regulations apply shall be labelled in accordance with regulation 9 with the particulars prescribed by regulation 8 relating to that substance.
除第7 條另有規定外，每個盛載本規例所適用的列載物質的容器，均須按照第9 條的規定加以標籤，標籤上須列明第8 條所訂明的關於該物質的詳情。

(2) Paragraph (1) does not apply to a container holding a listed substance where—

• (a) it is impossible or not reasonably practicable to comply with paragraph (1) in respect of that container; and
  規定並不可能或並不是合理切實可行
  
• (b) a notice in respect of that listed substance is displayed in accordance with regulation 10 giving the particulars prescribed by regulation 8 relating to that substance.
  已按照第10 條的規定展示該列載物質的告示，該告示並載有第8 條所訂明的詳情。

Cap 59AB 6 Container holding dangerous mixture to be labelled:

(1) Subject to regulation 7, every container holding a dangerous mixture to which these regulations apply shall be labelled in accordance with regulation 9 with the trade name of that mixture and—

• (a) where the mixture contains more than 1 per cent by weight of any toxic substance or substances, with the particulars prescribed by regulation 8 relating to each toxic substance that exceeds 0.2 per cent of the weight of the mixture;
  則須就每種重量超逾混合物重量百分之零點二的有毒物質列明第8 條所訂明的詳情；
• (b) where the mixture contains more than 10 per cent by weight of any harmful substance or substances, with the particulars prescribed by regulation 8 relating to each harmful substance that exceeds 1 per cent of the weight of the mixture;
  須就每種重量超逾混合物重量百分之一的有害物質列明第8 條所訂明的詳情；
• (c) where the mixture contains such a proportion of any other listed substance or substances as makes that mixture a corrosive, explosive, flammable, irritant or oxidizing mixture, with the particulars prescribed by regulation 8 relating to each such substance, but if the
  mixture contains more than one listed substance that is classified in column 2 of the First Schedule as corrosive, flammable, irritant or oxidizing, it is sufficient for the container to be labelled with the particulars prescribed by regulation 8 relating to the substance in each such classification that is the most dangerous.
  須就每種該等列載物質列明第8 條所訂明的詳情，但如該混合物含有多於一種在附表1 第2 欄中被分類為腐蝕性、易燃、刺激性或助燃的列載物質，則容器上只須有就每種該等分類中屬最危險的物質列明第8 條所訂明的詳情的標籤即可。

(2) Paragraph (1) does not apply to a container holding a dangerous mixture where—

• (a) it is impossible or not reasonably practicable to comply with paragraph (1) in respect of that container; and
• (b) a notice in respect of that dangerous mixture is displayed in accordance with regulation 10 giving the trade name of that mixture and the particulars that, but for this paragraph, would be required to be labelled on the container.

Cap 59AB 11 Safety information, training and precautions:

A proprietor of a specified industrial undertaking shall, so far as is reasonably practicable,—
(a) make available to every person employed in the undertaking who works with or is likely to come into contact with a dangerous substance to which these regulations apply adequate information about any conditions necessary to ensure that the substance will be safe and without risk to the health of persons employed in the undertaking;

(b) ensure that every person employed in the undertaking who is or may be exposed to a dangerous substance to which these regulations apply—

1. (i) is trained in AND observes safety precautions relating to that substance;
2. (ii) is instructed in the purpose, proper use and limitations of any protective clothing or equipment provided; AND
3. (iii) is instructed in the health hazards associated with exposure to that substance;

(c) make arrangements, including arrangements for adequate supervision, to prevent a dangerous substance to which these regulations apply from causing bodily injury to any person employed in the undertaking.

Cap 59AB 12 Protective clothing and equipment
A proprietor of a specified industrial undertaking shall, so far as is reasonably practicable,—
(a) provide every person employed in the undertaking who works with or is likely to come into contact with a dangerous substance to which these regulations apply with such protective clothing and equipment as are appropriate to prevent that substance causing bodily injury to that person;
(b) ensure that such protective clothing and equipment are fully and properly used by every such person;
(c) ensure that such protective clothing and equipment are maintained in good repair and are thoroughly cleansed after each occasion when they are used and, where any goggles, spectacles, face shield, respirator or mouth piece is provided under this regulation, that it is thoroughly cleansed and disinfected after each occasion when it is used; AND
(d) provide suitable storage facilities for such protective clothing and equipment.

Cap 59AB 13 Safety precautions to be taken and use of protective clothing
Every person employed in a specified industrial undertaking where there is any dangerous substance to which these regulations apply shall, so far as is reasonably practicable,—
(a) follow the safety instructions given and the procedures set by the proprietor of the industrial undertaking regarding that substance; 依循安全指示
(b) observe the safety precautions stated on the label of the container holding that substance or on the notice displayed near that substance; 遵守安全措施
(c) take such other precautions as are reasonable to prevent that substance from causing bodily injury to himself or others;  採取其他合理預防措施
(d) make full and proper use of the protective clothing and equipment (if any) provided by the proprietor of the industrial undertaking; and 充分及適當地使用東主所提供的防護衣物及設備
(e) leave the protective clothing and equipment (if any) when not in use in the storage place provided 將不在使用的防護衣物及設備放置在所提供的貯存地方

Cap 59AB 14 Misuse of labels, notices, and protective clothing and equipment
No person employed in a specified industrial undertaking shall misuse or interfere with any label, notice, or protective clothing or equipment provided by the proprietor of that undertaking in accordance with these regulations. 不得不當地使用或干擾任何標籤、告示、防護衣物或設備

Cap 59AB 15 Prohibition against eating, drinking and smoking

No person employed in a specified industrial undertaking who works with or is likely to come into contact with a dangerous substance to which these regulations apply shall eat, drink or smoke in any room in which that substance is present. 均不得在有該物質存在的房間內飲食或吸煙