According to Cap 59I CS(S)R,<\/p>\n
38A<\/strong> Duty of contractor<\/strong> responsible for construction site to ensure safety of places of work<\/p>\n
\n
- (1)<\/strong> Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall, so far as reasonably practicable<\/strong>\u2014
\n(a) identify<\/strong> the hazardous<\/strong> conditions of persons working at a height<\/strong> in the construction site;
\n(b) rectify<\/strong> any hazardous conditions of persons working at a height in the construction site; and
\n(c) safeguard<\/strong> any person working at a height in the construction site against all hazardous conditions.
\n(L.N. 258 of 2003)
\n(1A) (Repealed L.N. 257 of 2003)<\/li>\n- (2)<\/strong> The contractor responsible for any construction site shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from<\/strong> every place of work on the site is provided<\/strong> and properly maintained.<\/strong><\/li>\n
- (3)<\/strong> Subject to paragraph (4), the contractor responsible for any construction site shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place on the site where any hazardous conditions are present.<\/strong> (L.N. 257 of 2003; L.N. 258 of 2003)<\/li>\n
- (4)<\/strong> Paragraph (3) shall not apply<\/strong> in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken<\/strong> to ensure the safety of that person whilst engaged in that work. (L.N. 257 of 2003; L.N. 258 of 2003)<\/li>\n
- (4A)<\/strong> For the purpose of this regulation, \u201chazardous conditions\u201d (\u5371\u96aa\u72c0\u6cc1) includes<\/strong> the following conditions that may give rise to a risk of persons falling from a height\u2014<\/strong>
\n(a) unprotected edge or opening<\/strong> at a place of work;
\n(b) improper design<\/strong> and construction of a place of work;
\n(c) inadequate or insecure support or anchoring<\/strong> of a place of work;
\n(d) improper maintenance<\/strong> of a place of work;
\n(e) any working platform (other than a suspended working platform) that fails to comply with the provisions of <\/strong>the Third Schedule<\/strong> applicable to it. (L.N. 257 of 2003; L.N. 258 of 2003)<\/li>\n- (5)<\/strong> For the avoidance of doubt, it is hereby declared that\u2014
\n(a) paragraph (4A) does not prejudice the generality of paragraphs (1), (3) and (4);
\n(b) the reference to working platform in paragraph (4A) does not prejudice the operation of the provisions of
\nthe Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC)
\nin relation to a working platform which is a suspended working platform. (L.N. 257 of 2003; L.N. 258 of 2003)<\/li>\n<\/ul>\n<\/blockquote>\n<\/p>\n
38AA<\/strong>. Duty of other contractors<\/strong> to ensure safety of places of work<\/p>\n
\n
- (1) Without prejudice to the other provisions of this Part, any contractor who has direct control over any construction work shall, so far as reasonably practicable\u2014
\n(a) identify the hazardous conditions of persons working at a height in the construction work;
\n(b) rectify any hazardous conditions of persons working at a height in the construction work; and
\n(c) safeguard any person working at a height in the construction work against all hazardous conditions.<\/li>\n- (2) Any contractor who has direct control over any construction work shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work where the construction work is being carried out is provided and properly maintained.<\/li>\n
- (3) Subject to paragraph (4), any contractor who has direct control over any construction work shall take suitable
\nand adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place which is
\nwithin the place of work where the construction work is being carried out and where any hazardous conditions are present. (L.N. 257 of 2003)<\/li>\n- (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work.<\/li>\n
- (5) For the purpose of this regulation, \u201chazardous conditions\u201d (\u5371\u96aa\u72c0\u6cc1) includes the following conditions that may give rise to a risk of persons falling from a height\u2014
\n(a) unprotected edge or opening at a place of work;
\n(b) improper design and construction of a place of work;
\n(c) inadequate or insecure support or anchoring of a place of work;
\n(d) improper maintenance of a place of work;
\n(e) any working platform (other than a suspended working platform) that fails to comply with the provisions of the Third Schedule applicable to it. (L.N. 257 of 2003)<\/li>\n- (6) For the avoidance of doubt, it is hereby declared that\u2014
\n(a) paragraph (5) does not prejudice the generality of paragraphs (1), (3) and (4);
\n(b) the reference to working platform in paragraph (5) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform.
\n(L.N. 257 of 2003; L.N. 258 of 2003)<\/li>\n<\/ul>\n<\/blockquote>\n<\/p>\n
38B.<\/strong> Prevention of falls<\/p>\n
\n
- (1) Subject to paragraphs (2), (3) and (4), the contractor responsible for any construction site shall take adequate steps to prevent any person on the site from falling from a height of 2 metres or more.<\/li>\n
- (1A) Subject to paragraphs (2), (3) and (4), any contractor who has direct control over any construction work shall take adequate steps to prevent any person on any place where the
\nconstruction work is being carried out from falling from a height of 2 metres or more. (L.N. 258 of 2003)<\/li>\n- (2) For the purpose of paragraphs (1) and (1A), \u201cadequate steps\u201d (\u8db3\u5920\u7684\u6b65\u9a5f) shall include the provision, use and maintenance of one or more of the following\u2014
\n(a) working platforms;
\n(b) guard-rails, barriers, toe-boards and fences;
\n(c) coverings for openings;
\n(d) gangways and runs.<\/li>\n- (3) Paragraphs (1) and (1A) shall not apply to any opening, corner, break or edge exposed in the course of demolition operations if adequate precautions have been taken to prevent any person from being exposed to the risk of falling therefrom.<\/li>\n
- (4) Every working platform (other than a suspended working platform), guard-rail, barrier, toe-board, fence, covering for an opening, gangway or run provided for the purpose of paragraphs (1) and (1A) shall comply with the provisions of the Third Schedule applicable to it.
\n(5) For the avoidance of doubt, it is hereby declared that\u2014
\n(a) paragraphs (2) and (4) do not prejudice the generality of paragraphs (1) and (1A);
\n(b) the reference to working platform in paragraph (4) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform.
\n(L.N. 258 of 2003)<\/li>\n<\/ul>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"[Ref Cap59I] According to Cap 59I CS(S)R, 38A Duty of contractor responsible for construction site to ensure safety of places of work (1) Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall, so far as reasonably practicable\u2014 (a) identify the hazardous conditions of persons working at a