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The Remaining Four Elements of Safety Management System of the Factories and Industrial Undertakings (Safety Management) Regulation (Effective from 29 April 2024)

  1. The Government published in the Gazette today (February 23) the Factories and Industrial Undertakings (Safety Management) Regulation (Commencement) Notice 2024, to appoint April 29, 2024 as the day on which the uncommenced provisions of the Factories and Industrial Undertakings (Safety Management) Regulation (“Regulation”) come into effect.

  2. The uncommenced provisions refer to the remaining four elements of the safety management system (“SMS”) specified in the Part 3 of Schedule 4 of the Regulation which include “Job-Hazards Analysis”, “Safety and Health Awareness”, “Accident Control and Hazard Elimination”, and “Occupational Health Assurance Programme”.

  3. The Regulation was approved by the Legislative Council in 1999 and the 14 SMS elements listed in the Schedule 4 of the Regulation was brought into operation by phases. The first 10 elements of SMS specified in the Parts 1 and 2 of Schedule 4 of the Regulation have been put into operation since April 1, 2002. The phased implementation of the Regulation aims to let the relevant industries to get accustomed to the SMS and make necessary preparation for the implementation of the remaining four elements.

  4. Upon the full operation of the Regulation, proprietors and contractors of relevant industrial undertakings (“RIUs”) (i.e. factories, construction sites, shipyards and designated undertakings having 100 or more workers in a day working therein, as well as construction projects with a contract value of HK$100 million or more) are required to implement a SMS which contains all the 14 elements, and to regularly carry out safety audits of their SMSs.

  5. There will be a grace period of 6 months after the commencement date to allow sufficient time for the RIUs to make necessary preparations.

  6. The Government also gazetted the revised Code of Practice on Safety Management (“CoP”) today. The major amendments include enhancing the requirements for conducting safety audit and review, adding the requirements for notification of safety audit and submission of safety audit report, adding the assessment form on SMS, so as to provide more practical guidance for the duty holders in complying with the requirements of the Regulation.

  7. The revised CoP can be downloaded from the LD's website (www.labour.gov.hk/eng/public/content2_8.htm). Enquiries about the CoP can be made at 2559 2297.