【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第5页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (8) For the purposes of this section, a victim of an accident is incapacitated from working only if the incapacity prevents the victim from working for at least 3 days. Cap 509 s 14 Occupier of relevant premises to report dangerous occurrence to occupational safety officer (1) The occupier of premises where a workplace is located must report to an occupational safety officer any dangerous occurrence that occurs at the workplace. (2) The report must be in writing and be lodged within 24 hours after the dangerous occurrence concerned. (3) The report must contain the following particulars- (a) the time of the occurrence; (b) particulars of damage to, or the destruction of, property; (c) the circumstances of the occurrence.(4) This section must be complied with even though the occurrence has been notified or reported in accordance with section 13. (5) An occupier of premises who fails to comply with a requirement of this section commits an offence and is liable on conviction to a fine at level 5. Cap 509 s 15 Medical practitioner to notify occupational disease to Commissioner (1) If, on examining an employee or a former employee or the body of a person who was immediately before the death an employee or former employee, a medical practitioner- (a) finds or suspects that the employee or former employee is or was suffering from an occupational disease specified in Schedule 2; and (b) believes that the disease was or may have been attributable to an occupation specified in column 3 of that Schedule,the practitioner must notify the finding or suspicion to the Commissioner. (2) The notification must be in writing and on a form provided or approved by the Commissioner and must be lodged as soon as practicable after the conclusion is formed. (3) A medical practitioner who, without reasonable excuse, fails to comply with this section commits an offence and is liable on conviction to a fine at level 3. Cap 509 s 16 Holding of informal inquiry into workplace accident or dangerous occurrence (1) Whenever an accident or dangerous occurrence occurs in a workplace, the Commissioner may arrange for an inquiry to be held to determine the causes of the accident or occurrence and the circumstances in which it occurred. (2) An occupational safety officer designated by the Commissioner is to conduct the inquiry. (3) The occupational safety officer designated to conduct an inquiry is required to conduct the inquiry in an informal manner and to report the findings of the inquiry to the Commissioner. The report must be in writing. (4) The occupational safety officer conducting an inquiry may terminate the inquiry if, in the course of the inquiry, that officer considers that it is not possible to conclude the inquiry- (a) because a person who appears to that officer to have relevant information or relevant documents is unable or unwilling- (i) to provide the information; or (ii) to produce the documents; or (iii) to answer questions about any relevant matter; or(b) for any other reason.(5) On terminating an inquiry under subsection (4), the occupational safety officer concerned must notify the termination to the Commissioner. The notice must be in writing and must state the reasons for the termination. (6) This section applies to an accident or dangerous occurrence whether or not it involves the death of, or bodily injury to, a person. Cap 509 s 17 Holding of formal inquiry into workplace accident or dangerous occurrence Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) On receiving a termination notice under section 16, the Commissioner may arrange for an inquiry to be held into the causes of the accident or dangerous occurrence and the circumstances in which it occurred. (2) The Commissioner may conduct the inquiry personally or designate a deputy commissioner for labour to conduct it. (3) The Commissioner or the deputy commissioner for labour conducting the inquiry may- (a) examine witnesses and parties on oath; and (b) by notice in writing, direct the attendance at the inquiry of witnesses in order to give evidence or to produce documents or other material evidence.(4) A person cannot be required to produce at an inquiry any document or other material evidence that the person could not be required to produce in civil proceedings before a court. (5) The Commissioner or the deputy commissioner for labour conducting an inquiry is not bound by the rules of evidence and can receive any evidence that appears to be relevant to determining the matters being inquired into. (6) A person who- (a) without reasonable excuse, fails to attend to give evidence or produce documents or other material evidence at an inquiry after being required to do so; or (b) on attending the inquiry- (i) refuses to answer a question put to the person or to produce a document or other material evidence that is in the possession or under the control of the person; or (ii) in answer to a question put to the person, provides information that is to the person's knowledge false or misleading; or |
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