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[接上页] (b) the employees referred to in paragraph (a) are provided with relevant information as to the weight of each load and the heaviest side of each load whose centre of gravity is not centrally positioned; and (c) the employees referred to in paragraph (a) are provided with such mechanical aids and protective equipment as will secure their safety and health while undertaking those manual handling operations; and (d) when any of those manual handling operations involves the lifting of a load, the manual handling operation is, if reasonably practicable to do so, undertaken by a team of employees.(2) The person responsible for a workplace must, having regard to the nature of the activities carried out at and the size of the workplace, make arrangements for preventive and protective measures, including but not limited to those measures referred to in subsection (1), to be taken with respect to the manual handling operations which may create safety and health risks undertaken at the workplace and for the effective planning, organization, control, monitoring and review of those preventive and protective measures. (3) A person responsible for a workplace who fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to a fine of $200000 except that, in the case of an offence against subsection (1) where only paragraph (d) of that subsection is the subject of the failure, is liable on conviction to a fine at level 6. Cap 509A s 28 Responsible person to appoint assistants (1) If 10 or more employees are normally employed at a workplace at any one time to undertake manual handling operations which may create safety and health risks, the person responsible for the workplace must appoint such number of competent persons as may be necessary to assist in carrying out the preventive and protective measures with respect to those manual handling operations and, in determining the necessary number of competent persons to be appointed, the person responsible for the workplace must have regard to- (a) the number of employees employed at the workplace to undertake those manual handling operations; and (b) the size of the workplace; and (c) the risks to which those employees are exposed at the workplace; and (d) the distribution of those risks within the workplace.(2) If more than one competent person is appointed under subsection (1), the person responsible for the workplace must ensure that adequate arrangements are made for securing co-operation among those competent persons as to the carrying out of the preventive and protective measures referred to in that subsection. (3) The person responsible for the workplace must ensure that- (a) the time allowed for the competent persons appointed under subsection (1) to perform their functions; and (b) the resources necessary to perform those functions,are adequate, having regard to the number of employees employed at the workplace to undertake manual handling operations which may create safety and health risks, the size of the workplace, the risks to which those employees are exposed at the workplace, and the distribution of those risks within the workplace. (4) A person is a competent person for the purposes of this section only if that person has undergone the training, and has the experience and other characteristics, necessary to ensure that he has the capacity to assist the person responsible for the workplace in complying with the requirements imposed by or under this Part on persons responsible for workplaces. (5) A person responsible for a workplace who fails to comply with subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine of $200000. Cap 509A s 29 Responsible person to provide certain information to employees (1) The person responsible for a workplace must ensure that employees employed at the workplace who undertake manual handling operations which may create safety and health risks are provided with, in addition to the information required under section 27(1)(b), relevant comprehensible information as to- (a) the safety and health risks; and (b) the preventive and protective measures taken under section 27(2) with respect to those manual handling operations.(2) A person responsible for a workplace who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine of $200000. Cap 509A s 30 Duty of employer when allocating work tasks to employees (1) When allocating work tasks relating to manual handling operations which may create safety and health risks, the employer of the employees concerned must assess the respective capabilities of the employees to perform those tasks without risks to the safety and health of the employees themselves and other persons. (2) An employer must not require any of his employees to undertake any manual handling operations which may create safety and health risks unless the employer has assessed that the employee is capable of performing those manual handling operations. |