【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第4页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] Cap 509 s 11 Right of employer or occupier to have suspension notice reviewed (1) Within 28 days after being served with a suspension notice, the employer or occupier concerned may make an application in writing to the Commissioner for a review of the notice. (2) An application must- (a) be in writing; and (b) specify the grounds on which it is based.(3) Within 14 days after receiving an application for the review of a suspension notice, the Commissioner must determine the application either by confirming the notice or by revoking or varying it. (4) As soon as practicable after determining an application for the review of a suspension notice, the Commissioner must, by written notice, inform the applicant of the decision. If the suspension notice is not revoked as a result of the review, the decision must contain a statement of the reasons for the decision. (5) A suspension notice is taken to be revoked if the Commissioner fails to determine an application for its review within 14 days after receiving the application. (6) Subject to subsection (5), the operation of a suspension notice is not affected by the making of an application under this section or the lodgement of an appeal under section 12. Cap 509 s 12 Employer or occupier may appeal to Appeal Board against Commissioner's decision (1) An employer or occupier affected by a decision of the Commissioner under section 11 may appeal to the Appeal Board against the decision. (2) An appeal must be lodged with the Appeal Board within 28 days after the decision is notified in writing to the employer or occupier concerned. (3) On the hearing of an appeal under this section relating to a suspension notice, the Appeal Board may do one of the following- (a) revoke the notice on the grounds that the circumstances that gave rise to the service of the notice have ceased to exist or that the directions contained in the notice are unreasonable; (b) if satisfied that the circumstances that gave rise to the service of the notice continue to exist, modify the notice on the ground that the directions contained in the notice are unreasonable; (c) refuse the appeal on the grounds that the circumstances that gave rise to the service of the notice continue to exist and that the directions contained in the notice are reasonable. Cap 509 s 13 Person responsible for workplace to notify accidents and other matters PART IV WORKPLACE ACCIDENTS AND OCCUPATIONAL DISEASES (1) If- (a) an accident occurs at a workplace; and (b) the accident causes the death of, or serious bodily injury to, an employee,the person responsible for the workplace must notify the accident to an occupational safety officer within 24 hours after the time when the accident occurred. (2) If- (a) notification of an accident under subsection (1) is not contained in a written report that contains the particulars required by subsection (3); or (b) an employee who is a victim of an accident that has occurred at a workplace (other than an accident notified under subsection (1)) has been incapacitated by the accident,the person responsible for the workplace must in writing report the accident to an occupational safety officer within 7 days after the date of the accident. (3) A report prepared for the purposes of subsection (2) must contain the following particulars- (a) the name and principal business address of the occupier of the premises concerned; (b) if the victim is an employee of an employer who is not the occupier of the premises, the name and principal business address of the employer; (c) the name, residential address, gender, identity card number, age (if known) and occupation (if any) of the victim of the accident; (d) details of the industrial, commercial or other activities carried on at the workplace; (e) particulars of the accident, including the injury and whether death or incapacity ensued and the activity that the victim was engaged in at the time of the accident.(4) A report of an accident is not required under subsection (3) if notice of the accident has been given in accordance with section 15 of the Employees' Compensation Ordinance (Cap 282). (5) If a victim of an accident that occurred at a workplace dies after the accident has been notified or reported in accordance with this section, the person responsible for the workplace must, within 24 hours after becoming aware of the death, report the death to an occupational safety officer and to the police officer in charge of the police station nearest to the workplace. The report can be made orally or in writing. (6) A person responsible for a workplace who fails to comply with a requirement of this section commits an offence and is liable on conviction to a fine at level 5. (7) In this section- "accident" (意外) includes any event that detrimentally affects the health of a person; "incapacitated" (丧失工作能力), in relation to a victim of an accident, means that the victim is permanently or temporarily incapacitated from working in any capacity in which, but for the accident, the victim would have been capable of working. |
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