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A Brief Guide to the Provisions for Safe Places of Work under
Part VA of the Construction Sites (Safety) Regulations

This pamphlet outlines the major provisions of Part VA of the Construction Site (Safety) Regulations in order to let you have a preliminary understanding of these provisions.  If you wish to know more about the provisions, you can either refer to the original text or contact the Occupational Safety and Health Branch of the Labour Department.  Telephone number of the Occupational Safety and Health Branch is at the back of this pamphlet.

In order to provide a greater degree of safety to persons working on construction sites, in particular in relation to preventing falls from heights, a new Part VA1 of the Construction Sites (Safety) Regulations (the Regulation) was introduced.  This new part spells out the broad principle, namely the contractor has a general duty to make and keep every place of work on construction site safe, and in particular, to take suitable and adequate steps to prevent persons from falling from a height of 2m or more.
 

The new Part VA was approved by the Legislative Council on 10 March 1999 and came into operation on 1 October 1999.

Duties of Contractors

Safety of places of work [Reg. 38A]

• To ensure every place of work on a construction site is made and kept safe
• To ensure suitable and adequate safe access to and egress from every place of work on a construction site is provided and properly maintained
• To ensure no person gains access to any unsafe place on a construction site

Place of work means any place which is used by any person for the purposes of - construction work; or any work activities arising from, or in connection with, construction work,  and includes any place to which such a person has access whilst at work.

 Prevention of falls [Reg. 38B]

• To take adequate steps to prevent any person on a construction site from falling from a height of 2 m or more.
   

  adequate steps include the provision, use and maintenance of one or more of the following safety measures: working platforms; guard-rails, barriers, toe-boards and fences; coverings for openings; gangways and runs. These safety measures shall comply with the requirements in the table  on page 5 of this pamphlet.

 Safe means of support [Reg. 38C]

• To provide and ensure the use of a scaffold, ladder or other means of support that is safe for the purpose where work cannot be safely done on or from the ground or from part of a permanent structure. 

Scaffold means any temporarily provided structure on or from which persons perform work in connexion with operations or works to which the Regulation applies, and any temporarily provided structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or to support other plant or equipment.

 Construction and maintenance of scaffolds, etc. [Reg. 38D]

• To ensure a scaffold, ladder or other means of support used for carrying out work is -

1. so designed and constructed that it will not collapse, overturn or move accidentally;
2. made of suitable and sound materials of sufficient strength and capacity; 
3. stable by being securely supported or suspended ; and
4. properly maintained .

Trained workmen to erect scaffold under supervision [Reg.38E]

• To ensure a scaffold is erected or substantially added to, altered or dismantled by workmen who are -

1.  adequately trained and possess adequate experience of such work; and
2.  under the immediate supervision of a competent person.

Inspection of scaffolds [Reg.38F]

• To ensure a scaffold is not used unless -

1. the scaffold has been inspected by a competent person
   1. before use for the first time;
   2. after any substantial addition, partial dismantling or other alteration;
   3. after any exposure to weather conditions likely to have affected its strength or stability or to have displaced any part of it;
   4. at regular intervals not exceeding 14 days immediately preceding each use of the scaffold; and
   :
2. a report has been made and signed by the person carrying out the inspection in an approved form containing the prescribed particulars which include a statement to the effect that the scaffold is in safe working order.

• To keep at all times the inspection report, or a copy thereof, on the construction site where the scaffold is used.
• To make the inspection report available for inspection by any occupational safety officer or any person who is lawfully on the site.

Boatswain's chairs (not power operated) [Reg.38G]

To ensure no boatswain's chair or similar plant or equipment is used on a construction site.
 

Boatswain's chair does not include boatswain's chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance.

Duty of Persons

Duty to wear safety belt [Reg.38I]

It shall be the duty of every person working on a construction site -

• To wear the safety belt he has been provided where use of it is necessary to ensure his own or any other persons safety
• To keep the safety belt attached to a secure anchorage

It shall be a defence to a contractor charged for not taking adequate steps under Reg. 38B or not providing a scaffold, ladder or other means of support under Reg. 38C by showing -

1. that in all circumstances, it was impracticable to comply with all or any of the requirements of these regulations;
2. that suitable and adequate safety nets and safety belts were provided or in all circumstances it was impracticable to provide safety nets, suitable and adequate safety belts were provided; and
3. that all reasonably practicable steps were taken to ensure proper use of the safety belts.

Safety nets are considered suitable and adequate if they are of such design and construction and so erected, maintained and kept in position that they are effective to protect persons falling from height and to prevent injury to persons falling onto them. Safety belts include safety harnesses and are considered suitable and adequate if they are attached continuously to a suitable and secure anchorage, have suitable fittings and are of a design, construction and so maintained as to prevent injury to persons in case of a fall.

• Any contractor responsible for a construction site who fails to comply with the provisions of Part VA commits an offence and is liable on conviction to a maximum fine of $200,000 and 12 months?imprisonment.
• Any person working on a construction site who fails in his duty under Reg 38 I for wearing safety belt commits an offence and is liable on conviction to a maximum fine of $10,000.

Requirements for working platforms, gangways and coverings , etc. 
 

Width of working platforms, gangways and runs	not less than 400 mm not less than 650 mm for gangway or run used for movement of materials
Construction of working platforms, gangways and runs	closely boarded or planked     (a working platform, gangway or run - consisting of open metal work having interstices none of which exceeds 4000 mm2 ; the boards or planks forming it are secured to prevent movement and the space between adjacent boards or planks does not exceed 25mm need not be closely boarded or planked if there is no risk of persons below it from being struck by materials or articles falling through the platform, gangway or run) boards or planks forming platforms etc. of sound construction, adequate strength and free from patent defect  not less than 200 mm in width and not less than 25 mm in thickness or not less than 150 mm in width when the board or plank exceeds 50 mm in thickness not protruding beyond its end support to a distance exceeding 150 mm rest securely and evenly on its supports rest on at least 3 supports
Coverings for opening	so constructed as to prevent the fall of persons, materials and articles clearly and boldly marked as to show its purpose or securely fixed in position
Height of toe-boards	not less than 200 mm in height    (toe-boards are not required for stairs)
Height of guard-rails	The height of a guard-rail above any place of work on a working platform, gangway, run or stairway shall be top guard-rail : not less than 900 mm and not more than 1150 mm intermediate guard-rail : not less than 450 mm and not more than 600 mm For working platforms on bamboo scaffolds, these height dimensions may not apply if the platforms are protected by not less than 2 horizontal bamboo members spaced at intervals between 750mm to 900 mm.

Enquiry

This pamphlet is written as simple as possible in order that you can easily understand the relevant provisions.  In case of any inconsistent explanation over the provisions of the Regulation, the Regulation itself shall prevail.  For enquiry about the content of thks pamphlet, you can contact us at -

Telephone: 2559 2297
Fax:   2915 1410
E-mail: enquiry@labour.gov.hk