【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第11页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (b) imposing additional responsibilities on employers and employees and on occupiers of workplaces who are not employers; (c) prescribing anything required or permitted to be prescribed by a regulation; (d) generally, providing for the better carrying into effect of the provisions and purposes of this Ordinance.(2) In particular, the Commissioner may make regulations for or with respect to all or any of the following- (a) ensuring the provision at workplaces of adequate facilities for treating bodily injuries to employees as a result of accidents occurring at those workplaces; (b) providing for the removal from, and the avoidance at, workplaces of dangers and potential dangers to employees at those workplaces; (c) prescribing precautions to be taken to prevent outbreaks of fire at workplaces and to protect employees employed at those workplaces from the consequences of outbreaks of fire there (including provision of adequate means of escape); (d) ensuring that workplaces are maintained in a hygienic condition; (e) prohibiting persons, or persons of a specified class, from being employed to undertake any specified kind of activity at a workplace or regulating the carrying on of an activity of that kind at a workplace; (f) prohibiting persons who are responsible for workplaces from operating or using any specified kind of plant at those workplaces, or regulating the operation or use of any such plant; (g) prohibiting persons who are responsible for workplaces from storing or using any specified kind of substance at those workplaces, or regulating the storage or use of any substance of that kind; (h) providing for the medical examination of employees employed at workplaces and for the keeping of records of those examinations; (i) requiring persons who are responsible for workplaces to notify particulars of those workplaces to the Commissioner and, where those particulars change, to notify the Commissioner of the changes; (j) providing for activities undertaken at workplaces to be assessed in order to determine the extent of risk of those activities to the safety or health of employees employed at those workplaces; (k) requiring persons who are responsible for workplaces to keep records of specified activities carried on at those workplaces; (l) requiring persons, in any circumstances arising out of the risk of absorbing any substance at a workplace or the risk of bodily injury arising out of the use of any substance at a workplace, to undergo a specified biochemical or biological test; (m) prescribing measures for detecting and investigating cases in which absorption of any substance, or bodily injury arising out of the use of any substance, has occurred (including medical examinations, the carrying out of biochemical or biological tests and notification of absences of employees from work); (n) conferring rights of appeal from specified kinds of decisions of the Commissioner or an occupational safety officer under this Ordinance and providing for the hearing and determination of those appeals; (o) prescribing information that occupational safety officers are required to provide to employers or other persons in specified circumstances; (p) providing for the forms to be used for the purposes of this Ordinance.(3) All regulations made by the Commissioner shall be subject to the approval of the Legislative Council. (4) A regulation may apply, adopt or incorporate by reference, with or without modification, any publication (including any Ordinance or subsidiary legislation), either as in force at the time of publication or as in force from time to time. (5) A regulation may make it an offence for a person to do or omit to do any specified act and may authorize- (a) the imposition of a fine, not exceeding $200000, for such an offence; and (b) if the offence is a continuing one, the imposition of a further fine of $5000 for each day or part of a day during which the offence has continued.(6) A regulation may declare any particular offence created under subsection (5) to be an offence of strict liability. (7) A regulation that creates an offence that is not one of strict liability may, in addition to or instead of a fine, authorize the imposition of a sentence of imprisonment for a period of not more than 12 months, but only if, in the case of proceedings for such an offence, it is proved that the defendant committed the offence intentionally or recklessly or with knowledge of all of the ingredients of the offence. (8) A regulation may- (a) apply generally or be limited in its application by reference to specified exceptions or factors; or (b) apply differently according to different factors of a specified kind; or (c) authorize any matter or thing to be determined, applied or regulated by any specified person or group of persons,or may do any combination of those things. Cap 509 s 43 Commissioner may amend Schedules The Commissioner may, by order published in the Gazette, amend Schedule 1 or 2 by adding a new item or by replacing or altering an existing item, but only if the amendment promotes the purposes of this Ordinance. |
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