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【法规名称】 
【法规编号】 61436  什么是编号?
【正  文】

第2页 CAP 369AO MERCHANT SHIPPING (SAFETY) (PROTECTIVE CLOTHING AND EQUIPMENT) REGULATIONS

[接上页]

  (Enacted 1991)
  
  Cap 369AO reg 8 Use of protective clothing and equipment
  
  (1) No person shall require an employee to start in a ship a work process referred to in regulation 4 unless the appropriate clothing or equipment specified in or in accordance with that regulation is in good condition and working order and is being worn or used by the employee carrying out the work process and by any other employee who is subject to a reasonably foreseeable risk from that work process.
  
  (2) Any employee involved in or subject to a reasonably foreseeable risk in a ship from a work process referred to in regulation 4 shall wear the appropriate protective clothing and use the appropriate protective equipment specified in or in accordance with that regulation.
  
  (Enacted 1991)
  
  Cap 369AO reg 9 Offences
  
  (1) An employer who contravenes regulation 4, 5, 6(1) or 7 commits an offence and is liable on conviction to a fine of $10000.
  
  (2) An employee who contravenes regulation 6(2) or 8(2) commits an offence and is liable on conviction to a fine of $1000.
  
  (3) Any person who contravenes regulation 8(1) commits an offence and is liable on conviction to a fine of $2000.
  
  (4) It shall be a defence for a person charged under these regulations, including a person charged by virtue of subregulation (5), to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
  
  (5) Notwithstanding anything in this regulation, where an offence under these regulations is committed, or would have been committed except for the operation of subregulation (4), by an employer, employee or any person due to the act or default of some other person, that other person commits that offence and may be charged with and convicted of the offence by virtue of this subregulation whether or not proceedings are taken against the employer, employee or person first mentioned.
  
  (Enacted 1991)
  
  Cap 369AO reg 10 Inspection and detention of ships
  
  (1) The provisions of the Ordinance relating to the inspection and detention of ships shall apply to and in relation to any ship in respect of which-
  
  (a) if it is a Hong Kong ship, any provision of these regulations is contravened; or
  
  (b) if it is a ship other than a Hong Kong ship, the protective clothing and equipment carried on board does not conform to the standards required of a Hong Kong ship by these regulations,as if such ship were found to be unsafe within the meaning of section 67 of the Ordinance.
  
  (2) Where a ship other than a Hong Kong ship is detained as provided by subregulation (1), the Director may send a report to the government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office.
  
  (Enacted 1991)
  
  Cap 369AO SCHEDULE
  
  [regulation 4]
  
  TABLE OF STANDARDS SPECIFICATIONS OF PROTECTIVE
  
  CLOTHING AND EQUIPMENT
  
  Note: 1. In this table the letters "BS" indicate and refer to a British Standard to which the clothing and equipment should comply and the date which appears is the date on which the relevant Standard was published or last amended, as the case may be. The British Standards Specifications are published by and obtainable from the British Standards Institution, Linford Wood, Milton Keynes MK146LE: the British Marine Industries Federation Standard is obtainable from Ship and Boat Builders National Federation, Boating Industry House, Vale Road, Oatlands Park, Weybridge KT139NS and the Code of Practice "Noise Levels in Ships" from Her Majesty's Stationery Office.
  
  2. Reference in the table to the Department of Trade and the Department of Transport are reference to those Departments of the United Kingdom Government.
  
  Work Process
  
  Protective Clothing and equipment to be provided
  
  Full Title of Standard
  
  1. Any process or activity involving a reasonable risk to the head from falling or moving objects.
  
  Head protection to BS 5240 Part 1: 1987 (30 January 1987).
  
  Specification for a general purpose industrial safety helmet.
  
  2. When working in areas where the circumstances involve a reasonably foreseeable risk to the head from bruising or abrasion.
  
  Scalp protection to BS 4033: 1966 (30 June 1966).
  
  Specification for industrial scalp protectors (light duty).
  
  3. When entering or working in a space or working with machinery or equipment where the noise level exceeds 90 dB(A).
  
  Hearing protection complying with section 10 and Appendix 3 of the Code of Practice issued by the Department of Trade entitled "Noise Levels in Ships" published on 21 January 1978.
  
  4. Welding and gas cutting.
  
  Eye and face protection to BS 1542: 1982
  
  (31 December 1982);
  
  BS 2092: 1987 (23 December 1987);
  
  BS 679: 1959 (10 December 1959);
  
  Body protection to BS 2653: 1955 (29 December 1955) as appropriate.
  
  Equipment for eye, face and neck protection against radiation arising during welding and similar operations.
  
  Specification for industrial eye protectors.
  
  Filters for use during welding and similar industrial operations.
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