【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第2页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (c) domestic premises at which the only employees are domestic servants; (d) a place at which only self-employed persons work; (e) any other place of a kind prescribed by a regulation for the purposes of this paragraph;"workplace code of practice" (工作地点工作守则) means a code of practice issued under section 40(1) and, if such a code has been amended, means the code as amended. (2) For the purposes of this Ordinance, the person responsible for a workplace is the employer of the employees who are employed to carry out work there, or if the employer does not exercise any degree of control over the relevant part or aspect of the workplace, means the occupier of the workplace. (3) For the purposes of this Ordinance, risks arising out of the activities of persons at work are taken to include risks attributable to the manner of conducting an undertaking, risks attributable to the plant or substances used in connection with an undertaking and risks attributable to the condition of premises so used. (4) For the purposes of this Ordinance, a person is at work only during the time when the person is actually at a workplace. However, a person is not to be regarded as being at work at a workplace for those purposes when the person is being conveyed as a passenger in a vehicle referred to in paragraph (b) of the definition of "workplace" in circumstances no different from those applicable to persons being so conveyed who are not at work at a workplace. (5) A person who, under a lease or contract, has an obligation for- (a) the maintenance or repair of premises; or (b) the safety of, or the absence of risks to health arising from the condition or use of, any plant or substance located on premises,is taken to be an occupier of the premises for the purposes of this Ordinance. (6) A person who, under a lease or contract, has an obligation to provide, maintain or repair a means of access to, or egress from, premises is taken to be an occupier of the premises for the purposes of this Ordinance. (7) Subsections (5) and (6) do not apply to persons in their capacity as occupiers of domestic premises. Cap 509 s 4 Application of Ordinance to certain persons This Ordinance applies to independent contractors and self-employed persons only in their capacity as employers or as occupiers of premises where workplaces are located. Cap 509 s 5 Ordinance to bind Government (1) This Ordinance binds the Government. (2) Neither the Government nor any public officer in the officer's capacity as such is liable to be prosecuted for an offence against this Ordinance. Cap 509 s 6 Employers to ensure safety and health of employees PART II RESPONSIBILITY FOR SAFETY AND HEALTH OF EMPLOYEES AT WORK (1) Every employer must, so far as reasonably practicable, ensure the safety and health at work of all the employer's employees. (2) The cases in which an employer fails to comply with subsection (1) include (but are not limited to) the following- (a) a failure to provide or maintain plant and systems of work that are, so far as reasonably practicable, safe and without risks to health; (b) a failure to make arrangements for ensuring, so far as reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage or transport of plant or substances; (c) a failure to provide such information, instruction, training and supervision as may be necessary to ensure, so far as reasonably practicable, the safety and health at work of the employer's employees; (d) as regards any workplace under the employer's control- (i) a failure to maintain the workplace in a condition that is, so far as reasonably practicable, safe and without risks to health; or (ii) a failure to provide or maintain means of access to and egress from the workplace that are, so far as reasonably practicable, safe and without any such risks;(e) a failure to provide or maintain a working environment for the employer's employees that is, so far as reasonably practicable, safe and without risks to health.(3) An employer who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine of $200000. (4) An employer who fails to comply with subsection (1) intentionally, knowingly or recklessly commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months. Cap 509 s 7 Occupier of premises to ensure safety and health of persons employed at those premises (1) If an employee's workplace is located on premises that are not under the control of the employee's employer, the occupier of the premises must ensure that- (a) the premises; and (b) the means of access to and egress from the premises; and (c) any plant or substances kept at the premises,are, so far as reasonably practicable, safe and without risks to health. (2) An occupier who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine of $200000. (3) An occupier who fails to comply with subsection (1) intentionally, knowingly or recklessly commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months. |
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