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[接上页] (4) Paragraph (3) shall not apply to a grab, shovel, or similar excavating receptacle if the contractors take effective steps to prevent persons being endangered by a fall of objects therefrom. (5) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that neither loose material nor goods are carried on the platform of the hoist unless the platform is enclosed or other effective precautions have been taken to prevent the material or goods from falling from the platform. (6) The contractor responsible for any hoist which is used for raising or lowering loads and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that no load is left suspended from the hoist unless a competent person is present to supervise the use of the hoist. (L.N. 285 of 1993; L.N. 258 of 2003) Cap 59I reg 38A Duty of contractor responsible for construction site to ensure safety of places of work PART VA SCAFFOLDS, WORKING PLATFORMS AND LADDERS, ETC. (1) Without prejudice to the other provisions of this Part, the contractor responsible for any construction site shall, so far as reasonably practicable- (a) identify the hazardous conditions of persons working at a height in the construction site; (b) rectify any hazardous conditions of persons working at a height in the construction site; and (c) safeguard any person working at a height in the construction site against all hazardous conditions. (L.N. 258 of 2003)(2) The contractor responsible for any construction site shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work on the site is provided and properly maintained. (3) Subject to paragraph (4), the contractor responsible for any construction site shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place on the site where any hazardous conditions are present. (L.N. 257 of 2003) (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work. (L.N. 257 of 2003) (4A) For the purpose of this regulation, "hazardous conditions" (危险状况) includes the following conditions that may give rise to a risk of persons falling from a height- (a) unprotected edge or opening at a place of work; (b) improper design and construction of a place of work; (c) inadequate or insecure support or anchoring of a place of work; (d) improper maintenance of a place of work; (e) any working platform (other than a suspended working platform) that fails to comply with the provisions of the Third Schedule applicable to it. (L.N. 257 of 2003)(5) For the avoidance of doubt, it is hereby declared that- (a) paragraph (4A) does not prejudice the generality of paragraphs (1), (3) and (4); (b) the reference to working platform in paragraph (4A) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform. (L.N. 257 of 2003; L.N. 258 of 2003) (Part VA replaced L.N. 76 of 1999) Cap 59I reg 38AA Duty of other contractors to ensure safety of places of work (1) Without prejudice to the other provisions of this Part, any contractor who has direct control over any construction work shall, so far as reasonably practicable- (a) identify the hazardous conditions of persons working at a height in the construction work; (b) rectify any hazardous conditions of persons working at a height in the construction work; and (c) safeguard any person working at a height in the construction work against all hazardous conditions.(2) Any contractor who has direct control over any construction work shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work where the construction work is being carried out is provided and properly maintained. (L.N. 257 of 2003) (3) Subject to paragraph (4), any contractor who has direct control over any construction work shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place which is within the place of work where the construction work is being carried out and where any hazardous conditions are present. (L.N. 257 of 2003) (4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work. (L.N. 257 of 2003) (5) For the purpose of this regulation, "hazardous conditions" (危险状况) includes the following conditions that may give rise to a risk of persons falling from a height- |