Introduction
In 1995, the Government published a Consultation
Paper on the Review of the Industrial Safety in Hong Kong which among other
things, recommended the Government to change its strategy on industrial
safety from focusing on enforcement to promoting safety management.
The Review reaffirmed that "the primary responsibility of safety at work
rests with those who create the risks and those who work with such risks,
i.e. the proprietors and the workers". The ultimate goal, which is
also the key to attaining long-term improvements in safety standards, is
self-regulation by the proprietors and their workforce. In this respect,
the Government should provide a legislative framework within which self-regulation
is to be achieved through a company system of safety management.
The Factories and Industrial Undertakings (Safety
Management) Regulation* (the Regulation) is to implement the above recommendation
in the Consultation Paper. It requires proprietors and contractors
covered by the Regulation to implement a safety management system applicable
to Hong Kong, which consists of 14 elements. Besides the adoption
of the safety management system, the proprietors and contractors are also
required to carry out safety audits or safety reviews of their safety management
systems.
This guide outlines the major provisions of the
Regulation. It enables proprietors and contractors to have a better
understanding of their responsibilities under the Regulation. While
this guide explains provisions of the Regulation in simple terms, the Regulation
itself remains to be the sole authority of the legal requirements.
* | The Factories and Industrial Undertakings (Safety Management) Regulation was approved by the Legislative Council on 24 November 1999. It will come into operation after approval on a day to be appointed by the Commissioner for Labour by notice in the Gazette. |