【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第3页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] Cap 509 s 8 Employees at work to take care of others and to co-operate with employer (1) An employee while at work- (a) must, so far as reasonably practicable, take care for the safety and health of persons (including the employee) who are at the employee's workplace and who may be affected by the employee's acts or omissions at work; and (b) as regards any requirement imposed in the interests of safety or health on the employee's employer or any other person by this or any other Ordinance, must, so far as reasonably practicable, co-operate with the employer or other person so far as may be necessary to enable the requirement to be complied with.(2) An employee who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3. (3) An employee who fails to comply with subsection (1) intentionally, knowingly or recklessly commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months. Cap 509 s 9 Commissioner may serve improvement notice on employer or occupier PART III ENFORCEMENT (1) The Commissioner may serve an improvement notice on an employer, or an occupier of premises where a workplace is located, if of the opinion that the employer or occupier- (a) is contravening this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59); or (b) has contravened either of those Ordinances in circumstances that make it likely that the contravention will be continued or repeated.(2) An improvement notice must- (a) be in writing; and (b) identify the employer or occupier concerned; and (c) state that the Commissioner is of the opinion that the employer or occupier is contravening this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59), or has contravened either of those Ordinances in circumstances referred to in subsection (1)(b); and (d) specify the provision of this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59) in relation to which the Commissioner has formed that opinion; and (e) require the employer or occupier either- (i) to remedy the contravention within a period specified in the notice; or (ii) to refrain from continuing or repeating the contravention.(3) The period specified in subsection (2)(e)(i) must be a reasonable one having regard to the requirement imposed on the employer or occupier concerned. (4) The Commissioner may, by notice in writing served on the employer or occupier concerned, amend or revoke an improvement notice or suspend its operation. (5) An employer or occupier who, without reasonable excuse, fails to comply with a requirement of an improvement notice commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 12 months. (6) In proceedings for an offence against subsection (5), the defendant has a reasonable excuse for not complying with a requirement of an improvement notice if the defendant establishes that it was not reasonably practicable to comply with the requirement. Cap 509 s 10 Commissioner may serve suspension notice on employer or occupier (1) The Commissioner may serve a suspension notice on an employer who is responsible for, or on an occupier of, premises where a workplace is located, if of the opinion that because of- (a) an activity undertaken on the premises; or (b) the condition or use of the premises or of any plant or substance located on the premises,there is an imminent risk of death or serious bodily injury. (2) A suspension notice must- (a) be in writing; and (b) identify the employer or occupier concerned; and (c) specify the matters that, in the Commissioner's opinion, create, or are likely to create, a risk of death or serious bodily injury; and (d) direct the activity not to be undertaken, or the premises, plant or substance not to be used, while the notice remains in force.(3) A suspension notice takes effect on the date on which it is served, or on such later date as is specified in the notice, and, except when its operation is suspended, remains in force until it is revoked. (4) Where a suspension notice is in force in relation to an activity, premises, plant or a substance, the Commissioner must, by notice in writing served on the employer or occupier concerned, revoke the suspension notice on being satisfied that- (a) the undertaking of the activity on the premises; or (b) the condition or use of the premises, or of any plant or substance located on the premises, no longer creates, and is no longer likely to create, an imminent risk of death or serious bodily injury. (5) The Commissioner may, by notice in writing served on the employer or occupier concerned, amend a suspension notice or suspend its operation. (6) An employer or occupier who, without reasonable excuse, contravenes a suspension notice commits an offence and is liable on conviction- (a) to a fine of $500000 and to imprisonment for 12 months; and (b) to a further fine of $50000 for each day or part of a day during which the offender knowingly and intentionally continues the contravention. |
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