Chapter 4 Safety and Health at Work

The Programme of Safety and Health at Work

www.labour.gov.hk/eng/osh/content.htm

4.1The Occupational Safety and Health Branch is responsible for the promotion and regulation of safety and health at work. The objective of the Programme of Safety and Health at Work is to ensure that risks to people’s safety and health at work are properly managed and reduced to the minimum through the three-pronged strategy of inspection and enforcement, education and training, as well as publicity and promotion. More specifically, we achieve the objective by:

• providing a legislative framework to safeguard safety and health at work;
• enforcing compliance with the Occupational Safety and Health Ordinance (OSHO), the Factories and Industrial Undertakings Ordinance (FIUO), the Boilers and Pressure Vessels Ordinance (BPVO) and their subsidiary regulations through inspection of workplaces to ensure that the requirements are complied with;
• investigating accidents and occupational health problems at workplaces and giving advice to employers and employees on how to reduce existing workplace hazards;
• offering advice to owners in the design and layout of workplaces, and in the implementation of safety programmes in workplaces;
• providing to employers, employees and the general public appropriate information and advice to promote knowledge and understanding of OSH; and
• organising promotional programmes and training courses to enhance safety awareness of the workforce.

4.2The OSHO protects employees' safety and health at work generally in all branches of economic activities. It is a piece of enabling legislation that empowers the Commissioner for Labour to make regulations prescribing standards for general working environment as well as specific safety and health aspects at work.

4.3The FIUO regulates safety and health at work in industrial undertakings, which include factories, construction sites, cargo and container handling areas, as well as catering establishments.

4.4The BPVO aims at regulating the standards and operation of boilers and pressure vessels, including steam boilers, steam receivers and air receivers.

Our Work and Achievements in 2023

Work Safety Performance

4.5Through the concerted efforts of all parties concerned, including employers, employees, contractors, safety practitioners, and the Government and public sector organisations, Hong Kong's work safety performance has been improving.

4.6The number of occupational injuries in all workplaces in 2023 stood at 29 456, whereas the number in 2014 was 37 523. The injury rate per thousand employees was 10.1 in 2023, and the rate in 2014 was 12.8. The number of industrial accidents for all sectors was 8 134, and the number in 2014 was 11 677. The accident rate per thousand workers for all sectors was 13.8, and the rate in 2014 was 19.0.

4.7In 2023, there were 3 097 industrial accidents in the construction industry, and the number in 2014 was 3 467. The accident rate per thousand workers in 2023 was 27.6, and the rate in 2014 was 41.9.

Occupational Diseases

4.8In 2023, there were 383 confirmed occupational disease and gas poisoning cases. The most common occupational diseases were occupational deafness, silicosis, mesothelioma and tenosynovitis of the hand or forearm.

4.9For more statistics on the OSH, please visit the webpage: www.labour.gov.hk/eng/osh/content10.htm.

Key Indicators of Work

4.10Some key indicators of work of this programme area are shown in Appendix 4.1.

Raising Penalties for OSH Legislation

4.11The Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 took effect upon gazettal on 28 April 2023 to increase overall the maximum penalties for OSH legislation, so as to enhance deterrent effect of legislation, prompting relevant duty holder to pay more attention to the precautionary measures for protection of employees' OSH.

Inspection and Enforcement

4.12To ensure safety and health at work, we inspect workplaces, monitor health hazards, investigate work accidents and occupational diseases, register and inspect boilers and pressure equipment and advise on measures to control hazards and prevent accidents.

4.13We conduct promotional visits to give advice to employers on the prevention of accidents and encourage them to proactively adopt a self-regulatory approach in managing risks at the workplace. We also conduct enforcement inspections to various workplaces to ensure that duty holders have observed relevant statutory requirements stipulated in safety legislation. We adopt a risk-based approach to adjust the intensity of inspection and enforcement efforts from time to time to effectively combat violations.

4.14In 2023, we continued to place workplaces with poor safety performance under close surveillance. Improvement notices or suspension notices were issued when necessary to secure speedy rectification of irregularities, or to remove imminent risks to lives. In 2023, we also conducted 14 special enforcement operations targeting specific workplace hazards or workplaces with higher risk work processes, including new works; RMAA works; electrical works; bamboo scaffolding; sea-based construction works; the catering industry; waste management work; the logistic, cargo and container-handling industries as well as fire and chemical safety. In these 14 operations, a total of 17 015 workplaces were inspected, with 1 182 improvement notices and 51 suspension notices issued to duty holders, and 635 prosecutions initiated. Besides, we launched 42 in-depth surprise inspections to work sites with higher risk processes or poor safety performance. A total of 1 448 suspension/improvement notices were issued and 367 prosecutions were initiated. In order to enhance safety performance of public work projects, representatives of the Labour Department (LD) participated in 459 site safety management committee meetings of public work projects and provided safety advice, particularly on work processes with relatively high risk, to the contractors and relevant duty holders.

4.15We conduct investigations into complaints concerning unsafe conditions or malpractices in workplaces. In 2023, we handled 193 complaints lodged by workers and initiated 25 prosecutions arising from investigation of these cases. Through the intelligence reporting system on unsafe RMAA works developed with various strategic partners, a total of 8 607 complaint/referral cases were received. As a result of the follow-up inspections on these referral cases, we issued 257 suspension/improvement notices and took out 143 prosecutions.

4.16To enable the conduct of inspections in a more targeted manner, the LD established an online OSH complaint platform to facilitate employees and members of the public to report unsafe working conditions using mobile electronic devices, so that the LD can conduct prompt follow-up actions. In 2023, the LD received a total of 1 232 OSH complaints through the platform. A total of 11 suspension notices and 140 improvement notices were issued and 72 prosecutions were/will be taken out by the LD upon discovery of breaches of OSH legislation from the above complaints.

4.17In 2023, the LD continued to collaborate with the property management sector to implement the referral mechanism for RMAA works carried out in individual units of estates. Responsible property management personnel would notify the LD prior to the commencement of some high risk works (e.g. truss-out scaffolding works at external wall), thus enabling the LD to conduct targeted safety inspections in a timely manner.

4.18In 2023, the LD continued to carry out enforcement operations and publicity campaigns targeting workplaces with a higher risk of heat stroke. These workplaces include construction sites, outdoor cleansing workplaces, horticulture workplaces and container yards. In the special enforcement operation from May to October, we conducted a total of about 21 000 surprise inspections and issued about 1 000 warnings.

4.19Targeting health risks of standing at work, the LD conducted inspections at workplaces of various industries in 2023, including those of the catering, retail, property management and hotel industries. The LD conducted 265 surprise inspections in these workplaces and issued one warning.

4.20The Commissioner for Labour, as the Boilers and Pressure Vessels Authority, recognises competent inspection bodies to assess and inspect new pressure equipment during manufacturing. In addition, the LD conducts examinations, monitors courses for training of competent persons and issues certificates of competency to qualified candidates as competent persons for various types of boilers and steam receivers. In 2023, 507 applications for certificates of competency were processed, with 504 certificates issued/endorsed. We also advised the Fire Services Department on matters related to the approval and preliminary inspections of pressurised cylinders and storage installations for compressed gas.

4.21As at end-2023, the LD recorded a total of 242 758 workplaces, including 35 275 construction sites. In the year, 141 996 inspections were conducted under the OSHO, the FIUO and their subsidiary regulations. As a result, 32 279 warnings and 5 576 suspension or improvement notices were issued. Besides, 4 657 inspections were made under the BPVO. 2 531 warnings were given and 13 prohibition orders on the use and operation of boilers and pressure vessels were issued. We also carried out 19 064 and 2 328 investigations on work accidents and suspected occupational diseases/occupational health problems respectively. We also conducted 6 071 occupational hygiene surveys on workplace health hazards.

Education and Training

4.22We provide training-related services to employers, employees and relevant parties to foster an OSH culture among the working population. They include provision of training courses, recognition of Mandatory Safety Training (MST) courses and registration of safety officers and safety auditors.

4.23In 2023, we organised 550 safety and health training courses related to relevant legislation for 2 434 persons and 495 tailor-made talks to individual industries or organisations for another 56 004 persons. We also recognised 14 mandatory basic safety training courses (commonly known as "green card" courses) for construction and container-handling work, five MST courses for confined space operation, one MST course for operators of crane and three MST courses for operators of loadshifting machine. We also continued to refine the MST courses, and reviewed the mandatory basic safety training course (construction work) and MST courses of confined spaces operation, with a view to raising workers' awareness of the causes and risks of accidents and their ability to eliminate these risks in order to prevent accidents. We have a system in place to monitor these MST courses. We conducted different modes of monitoring inspections, including surprise inspections and covert inspections which involved inspecting officers in the guise of a course participant, to ensure that the courses were delivered in accordance with the course contents.

4.24In 2023, we registered 122 persons as safety officers and 71 as safety auditors. As at the end of the year, there were 4 118 safety officers with valid registration and 1 650 registered safety auditors. Furthermore, a total of 873 applications for renewal or revalidation of registration as safety officers were approved in 2023.

4.25Occupational health education raises employers' and employees' awareness of the prevention of occupational health hazards and occupational diseases. In 2023, we organised a total of 1 166 health talks on various occupational health issues for over 57 188 participants. Apart from open health talks, we also conducted outreaching health talks at the workplaces of individual organisations. These health talks covered various occupations with more than 40 different topics such as Occupational Health for Office Workers, Manual Handling Operations and Prevention of Back Injuries, Occupational Health for Cleansing Workers, Prevention of Lower Limb Disorders and Occupational Health in Catering Industry.

4.26The LD uploaded Work Safety Alerts and Systemic Safety Alerts on the LD's website respectively to help raise the safety awareness of employers, contractors and workers and to urge Registered Safety Officers and Registered Safety Auditors to apply safety management principles in exercising their statutory functions to advise their employers/clients to fulfill their safety responsibilities and render the necessary assistance. Work Safety Alerts summarised recent fatal and serious work accidents, and highlighted general safety precautionary measures whereas Systemic Safety Alerts provided accident prevention measures arising from the major systemic problems. In 2023, the LD revised the Systemic Safety Alert "Use of Mobile Cranes". In 2023, we continued to produce Work Safety Alerts in the form of animation videos to enable the industry to better comprehend how accidents happened and the necessary precautionary measures to be taken for preventing recurrence of similar accidents. Three animation videos on various topics, including machinery safety, confined spaces work safety and metal gate safety, were uploaded to the LD's website and widely disseminated through different channels. Furthermore, the LD continued to translate sub-titles of the Work Safety Alerts animation videos into different languages (including Hindi, Nepali, Tagalog and Urdu) to facilitate construction workers of diverse races to comprehend the OSH information.

Publicity and Promotion

4.27We held a series of promotional campaigns in 2023 to heighten safety awareness among employers and employees and to cultivate a positive safety culture at the workplaces, with some jointly organised with relevant stakeholders such as the OSHC, trade associations, workers' unions and other government departments.

4.28Since the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 came into operation on 28 April 2023, the LD rolled out comprehensive publicity campaigns including launching a set of newly-produced television and radio Announcements in the Public Interest (APIs) and a poster to strengthen promotion of the new penalties. We also publicised the regulations through the LD's website, the "Work Safety Alert" mobile application and emails etc., as well as collaborated with the industries to jointly organise talks to alert the industries and members of the public on the new penalties for OSH offences.

4.29In 2023, the LD launched the "Catering Industry Safety Promotional Campaign 2023/2024" and organised activities including "Catering Industry Safety Video Competition" and "Catering Industry Safety Quiz Competition". We also widely disseminated catering safety messages through different channels such as mobile media, TV panels of catering establishments and large outdoor LED display panels. With regard to the construction industry, the LD in collaboration with the OSHC and related organisations in the construction industry organised the "Construction Industry Safety Award Scheme 2023/2024" to raise the safety and health awareness of contractors, personnel and workers of construction sites, foster a positive safety culture; and encourage the adoption of safe work practices. The LD also organised an open competition to recognise contractors, site personnel and workers for their good OSH performances, with a view to enhancing public understanding on construction safety.

4.30In 2022, the LD in collaboration with the OSHC, launched a two-year publicity campaign from 2022 to 2024 for heightening the publicity and promotion targeting new works and RMAA works. Through a wide range of initiatives, for examples, lunchtime on-site safety talks, seminars, sponsorship schemes, roving exhibitions, etc., we seek to reach different stakeholders of new works and RMAA works, including contractors and workers, in particular the new comers, workers of diverse races and property owners, etc., to raise their work safety and health awareness.

4.31Accidents in RMAA works have become a source of concern in recent years. With a view to reminding contractors and workers to pay extra attention to safety while carrying out truss-out scaffolding work and working at height, the LD in collaboration with the OSHC launched eight safety seminars on RMAA works, truss-out scaffolding, accident analysis in relation to electrical and mechanical works, causes of fatal accidents at construction sites/ briefs of relevant legislations and work-at-height safety in 2023. Other major publicity activities included broadcasting APIs on television/radio/mobile media, staging roving exhibitions, publishing feature articles in newspapers and on the LD's website, publishing leaflets and disseminating safety messages to contractors, employers and employees through various means.

4.32In mid-December 2023, the LD in collaboration with the OSHC launched a series of five promotional videos with the themes of "truss-out bamboo scaffolds", "OSH Star Enterprise Scheme", "electrical work", "the revised OSH legislation" and "general potential work hazards in construction sites". To enhance publicity effect, the LD launched a new round of publicity work, which included showing promotional videos in public transport and screens on the external walls of shopping malls, broadcasting radio programme and displaying promotional banners at main road tunnel portals and on bus bodies, etc., to strengthen the publicity of OSH messages.

4.33In respect of occupational health, the LD also collaborated with OSHC and other relevant organisations, including the Occupational Deafness Compensation Board, the Pneumoconiosis Compensation Fund Board, employers' associations, trade unions and community groups, in promoting occupational health as well as prevention of occupational diseases (e.g. occupational deafness and pneumoconiosis) and work-related diseases (e.g. musculoskeletal disorders which are common among workers of service industry, clerical personnel and manual workers). This was achieved through a variety of activities such as organising occupational health award, holding health talks and distributing promotional materials, etc. In addition, we continued to run the "Heart Caring Campaign" jointly with the OSHC. Through health risk assessment, dissemination of healthy lifestyle information and various promotional activities, the Campaign encouraged employees in the property management and construction industries to develop habits of healthy living with a view to preventing cardiovascular and cerebrovascular diseases. We also continued to co-organise the "Joyful@Healthy Workplace" programme and the "Mental Health Workplace Charter" with the Department of Health and the OSHC, and encouraged employers to participate in the programmes, in order to promote a health-friendly working environment and foster physical and mental well-being of employees.

4.34In view of the increasingly hot weather in recent years, the LD published the "Guidance Notes on Prevention of Heat Stroke at Work" (GN) and introduced the "Heat Stress at Work Warning" in May 2023, and collaborated with the OSHC in a series of related publicity activities. These included about 100 seminars organised with the OSHC and other organisations to introduce the new GN and help the industries apply the recommendations in the GN to formulate appropriate heat stroke preventive measures. In addition, from May to October 2023, we co-organised a large-scale promotion campaign on heat stroke prevention with the OSHC again. Through distribution of heat stroke prevention items and extensive publicity, the campaign reminded employers and employees to prevent heat stroke at work. The Portable Waist Fan Sponsorship Scheme for SMEs was also relaunched to sponsor SMEs of the targeted industries to purchase portable and safety compliant waist fans for employees' use at work as necessary.

4.35Moreover, in light of the experience gathered from the investigation of previous accidents involving confined space works and the views of relevant stakeholders, the LD embarked on revising the "Code of Practice – Safety and Health at Work in Confined Spaces" (Code) to strengthen the protection of the safety and health of relevant workers. The revisions would include some new requirements, such as the use technological equipment to shoot videos at the entrances and exits of confined spaces throughout the work period to strengthen supervision of relevant personnel in complying with safety measures. The LD planned to issue the revised Code in the first half of 2024.

4.36In 2023, the LD published 19 revised/new OSH publications and posters, including "A Casebook of Occupational Fatalities related to Renovation and Maintenance Works", "Safety in the Use of Abrasive Wheels", "Guide on Construction and Work Safety of Truss-out Bamboo Scaffolds", "Brief Analysis of Accident Cases in the Catering Industry - Chinese Restaurant (Chinese only)", "Overview of Work-at-Height Safety", "A Casebook of Fatal Accidents Related to Electrical Work – Volume 1 (Chinese only)", "Guidance Notes on Prevention of Heat Stroke at Work", "Complying with Occupational Safety and Health Legislation is a Shared Obligation for Employers and Employees" poster, "Always Store, Use and Maintain Your Tools Properly" poster, "Be a Considerate Employee Comply with Occupational Safety Laws to Avoid Criminal Liability" poster and "Prevention of Streptococcus Suis Infection" poster for promoting work safety and health.

4.37Besides, we published the "Always Store, Use and Maintain Your Tools Properly" poster in six languages (Indonesian, Hindi, Nepali, Tagalog, Thai and Urdu) and two OSH publications in three languages (Hindi, Nepali and Urdu), namely "A Casebook of Occupational Fatalities related to Renovation and Maintenance Works" and "Safety in the Use of Abrasive Wheels", with a view to enhancing the safety awareness of workers of diverse race.

4.38In 2023, the Occupational Safety and Health Branch handled 9 667 enquiries, advising on various safety and health matters. Furthermore, the Occupational Safety and Health Centre provides information and advisory services to employers and workers.

4.39The LD collaborated with the property management sector to promote RMAA work safety and to step up the promotion of work-at-height safety to stakeholders, including contractors and workers, on the use of suitable working platforms instead of ladders for working above ground and the use of safety helmets with chin straps. We collaborated with the OSHC as well as the property management and construction industries to launch the "Promoting the Use of Light-duty Working Platforms Scheme Phase II". Through the property management companies, step platforms and hop-up platforms (light-duty working platforms) would be lent to the contractors and workers conducting RMAA works in the estates or residential buildings free of charge to encourage them to use light-duty working platforms for above-ground works instead of ladders. More than 600 eligible applications were received with about 1 600 light-duty working platforms provided.

4.40Using straight ladders or A-ladders for work-at-height carries a lot of risk. In the past, there were several fatal accidents which involved workers falling from these ladders. In order to enhance the safety awareness of employers and workers in work-at-height, the LD collaborated with the OSHC to continue with the Enhanced Light-duty Working Platform Sponsorship Scheme for SMEs by subsidising small and medium enterprises (SMEs) to purchase enhanced step platforms and hop-up platforms for above-ground work. As at December 2023, 1 814 applications were received with 1 613 approved, benefiting over 25 699 workers. To further enhance work-above-ground safety, a brand new Telescopic Scaffold Tower Sponsorship Scheme for SMEs will be launched in January 2024.

4.41The LD collaborated with the OSHC to ride on the Home Affairs Department's community platforms to promote RMAA work safety particularly work-at-height safety, to owners' corporations, property owners and tenants, etc.

4.42To promote safety awareness of the industry in operating boilers and pressure vessels, we distributed around 1 900 publications and leaflets regarding registration and safe operation of pressure equipment.

Clinical Occupational Health Services

4.43The LD runs occupational health clinics in Kwun Tong and Fanling, providing clinical consultations, medical treatment as well as occupational health education and counselling services for workers suffering from work-related and occupational diseases. Workplaces of the patients are inspected if necessary to identify and evaluate occupational health hazards in the work environment.

4.44In 2023, 13 043 clinical consultations were rendered. Moreover, patient support groups were organised to help patients achieve more desirable rehabilitation progress through health talks, experience sharing and peer support.