Occupational Safety

A Guide to the Factories and Industrial Undertakings (Safety Management) Regulation

Appendix I

Proprietors and contractors who are required to have safety management systems
 

Duty holder	Aggregate number of workers working
	Category 1	Category 2	Category 3	Category 4
Contractor of construction work2	≧100 in a day in a single construction site1 ; or contract value ≧ $100 million	≧50 but < 100 in a day in a single construction site	≧100 in a day in 2 or more construction sites	≧50 but < 100 in a day in 2 or more construction sites
Proprietor of a shipyard business	≧100 in a day in a single shipyard3	≧50 but < 100 in a day in a single shipyard	≧100 in a day in 2 or more shipyards	≧50 but < 100 in a day in 2 or more shipyards
Proprietor of a factory	≧100 in a day in a single factory4	≧50 but < 100 in a day in a single factory	≧100 in a day in 2 or more factories	≧50 but < 100 in a day in 2 or more factories
Proprietor of a designated undertaking5	≧100 in a day in a single workplace	≧50 but < 100 in a day in a single workplace	≧100 in a day in 2 or more workplaces	≧50 but < 100 in a day in 2 or more workplaces
Duties in respect of safety management system	Implement 14 elements in the safety management system(Part* 1,2 and 3 of Appendix II)	Implement 8 elements in the safety management system(Part 1 of Appendix II)	Implement 14 elements in the safety management system(Part* 1,2 and 3 of Appendix II)	Implement 8 elements in the safety management system(Part 1 of Appendix II)
	Conduct safety audit	Conduct safety review	Conduct safety audit	Conduct safety review

Key:"≧" means equal to or more than; 
"<" means less than.
 

*	Implementation of Part 2 and 3 of Appendix II will be by phases and commencement will be announced by the Commissioner by notice in the Gazette.

¹"construction site" means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of the construction work.

^2" construction work" means –

1. the construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external cleaning), renewal, removal, alteration, improvement, dismantling, or demolition of any structure or works specified below –
   1. Any building, edifice, wall, fence, or chimney, whether constructed wholly or partly above or below ground level.
   2. Any road, motorway, railway, tramway, cableway, aerial ropeway or canal.
   3. Any harbour works, dock, pier, sea defence work, or lighthouse.
   4. Any aqueduct, viaduct, bridge, or tunnel.
   5. Any sewer, sewage disposal works, or filter bed.
   6. Any airport or works connected with air navigation.
   7. Any dam, reservoir, well, pipeline, culvert, shaft, or reclamation.
   8. Any drainage, irrigation, or river control work.
   9. Any water, electrical, gas, telephonic, telegraphic, radio, or television installation or works, or any other works designed for the manufacturing or transmission of power or the transmission or reception of radio or sound waves.
   10. Any structure designed for the support of machinery, plant, or power transmission lines.
2. any work involved in preparing for any operation referred to in paragraph (a), including the laying of foundations and the excavation of earth and rock prior to the laying of foundations;
3. the use of machinery, plant, tools, gear, and materials in connection with any operation referred to in paragraph (a) or (b).

^3"shipyard" means any yard or dry dock (including the precincts thereof) in which ships or vessels, except ships or vessels afloat, are constructed, reconstructed, maintained, repaired, refitted, finished or broken up.

^4"factory" means any premises or place, (other than a mine or quarry), in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, and within the close or curtilage or precincts of which –

1. any machinery other than machinery worked entirely by hand is used; or
2. 20 or more persons are employed in manual labour. 

⁵ "designated undertaking" means an industrial undertaking involving any of the following activities -

1. the generation, transformation and transmission of electricity;
2. the generation and transmission of town gas, or liquefied petroleum gas, within the meaning of section 2 of the Gas Safety Ordinance (Cap. 51); or
3. container handling.

Appendix I Appendix II Appendix III Appendix IV

Contents

1. Introduction

2. Duty of proprietor and contractor

3. Duty of registered safety auditor, safety review officer and scheme operator

4. Penalty

5. Related occupational safety and health publications published by the Labour Department

6. Useful information

Appendix