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[接上页] (3) A proprietor or contractor specified in Part 3 of Schedule 3 shall develop, implement and maintain in respect of the relevant industrial undertaking a single safety management system which contains the elements specified in Schedule 4. (4) A proprietor or contractor specified in Part 4 of Schedule 3 shall develop, implement and maintain in respect of the relevant industrial undertaking a single safety management system which contains the elements specified in Part 1 of Schedule 4. Cap 59AF s 9 Duty of proprietor and contractor in respect of safety policy (1) Subject to subsections (2) and (3), a proprietor or contractor specified in Schedule 3 shall- (a) prepare and revise as often as may be necessary a written policy statement in relation to the safety policy of the relevant industrial undertaking; (b) bring such statement and any revision of it to the notice of all the workers in the undertaking; (c) keep a copy of the statement; and (d) make a copy of the statement available for inspection upon request by an occupational safety officer.(2) Without prejudice to the generality of any of the elements specified in Schedule 4, the policy statement required under subsection (1) shall include- (a) a statement of the proprietor's or contractor's general policy with regard to the safety and health of the workers in the relevant industrial undertaking; (b) the system of allocation of responsibilities for the carrying out of the policy; and (c) the arrangements as to how the responsibilities are to be executed.(3) The proprietor or contractor shall cause the safety policy of the relevant industrial undertaking to be reviewed- (a) not less than once in each 2 years period commencing on the date on which the proprietor or contractor, as the case may be, first complied with subsection (1)(b) in respect of the undertaking; (b) as soon as is practicable after the proprietor or contractor, as the case may be, alters the policy statement required under subsection (1)- (i) in respect of any particulars referred to in subsection (2)(a), (b) or (c) relating to the undertaking; and (ii) for a reason not arising out of a review under paragraph (a) or this paragraph. Cap 59AF s 10 Duty of proprietor and contractor to establish safety committee A proprietor or contractor specified in Part 1 or 3 of Schedule 3 shall- (a) establish not less than one safety committee having the function of identifying, recommending and keeping under review measures to improve the safety and health of the workers in the relevant industrial undertaking; and (b) implement, so far as is reasonably practicable, any measures recommended by any safety committee so established in relation to matters of safety and health at work of the workers in the undertaking. Cap 59AF s 11 Composition, etc. of safety committee (1) A proprietor or contractor required by section 10 to establish a safety committee shall ensure that- (a) not less than half the members of the committee (and irrespective of whether they are nominated or elected) represent workers in the relevant industrial undertaking; (b) the committee is provided with a written statement setting out rules governing its membership, terms of reference and meeting procedures; (c) the committee meets at least once every 3 months; and (d) the committee keeps records of its meetings- (i) for not less than 5 years after the date of the meeting to which the record concerned relates; (ii) which are available for inspection upon request by an occupational safety officer.(2) Only matters relating to the safety and health at work of the workers in the relevant industrial undertaking shall be discussed at any meeting of a safety committee established in respect of the undertaking. Cap 59AF s 12 Protection of safety committee members A proprietor, contractor or employer shall not- (a) terminate, or threaten to terminate, the employment of; or (b) in any way discriminate against,a worker by reason of the fact that the worker has performed his function as a member of a safety committee. Cap 59AF s 13 Appointment of registered safety auditor to conduct safety audit PART IV SAFETY AUDITS (1) A proprietor or contractor specified in Part 1 or 3 of Schedule 3 shall appoint a registered safety auditor to conduct a safety audit in relation to the relevant industrial undertaking. (2) Subject to subsection (3), the proprietor or contractor referred to in subsection (1) shall ensure that safety audits are conducted- (a) where the relevant industrial undertaking involves construction work, not less than once in each 6 months period beginning with the commencement of this section (or, where the undertaking comes into existence after that commencement, beginning with the day on which it comes into existence) but, in any case, not later than 6 months after the last safety audit report was submitted under section 15 in respect of the undertaking; (b) in any other case, not less than once in each 12 months period beginning with that commencement (or, where the relevant industrial undertaking comes into existence after that commencement, beginning with the day on which it comes into existence) but, in any case, not later than 12 months after the last safety audit report was submitted under section 15 in respect of the undertaking.(3) The Commissioner may, where he thinks it is necessary to do so after having regard to all the circumstances of the case, require in writing a proprietor or contractor referred to in subsection (1) to cause a safety audit to be conducted in relation to the relevant industrial undertaking at an interval shorter than the period specified in subsection (2). |