Occupational Safety and Health (Display Screen Equipment) Regulation
(Enacting provision omitted—E.R. 3 of 2022)
[4 July 2003] L.N. 115 of 2003
(Format changes—E.R. 3 of 2022)
(Omitted as spent—E.R. 3 of 2022)
In this Regulation, unless the context otherwise requires—
display screen equipment (顯示屏幕設備) means any display screen which shows letters, numbers, characters or graphics, regardless of the display process involved; user (使用者) means an employee who, by reason of the nature of his work, is required to use display screen equipment for a prolonged period of time almost every day; (L.N. 58 of 2002) workstation (工作間) means an assembly comprising—(a)display screen equipment;(b)any chair, desk, work surface, printer, document holder or other item peripheral to the display screen equipment; and(c)the immediate working environment around the display screen equipment.This Regulation applies to a workstation in a workplace that is—
provided by a person responsible for the workplace to be used by users for work;
not intended for use by the public; and
normally used or intended to be normally used by users. (L.N. 58 of 2002)
This Regulation does not apply to or in relation to the following—
display screen equipment that is used mainly to show pictures, television or films;
drivers’ cabs or control cabs for vehicles or machinery;
display screen equipment on board a means of public transport;
portable systems not in prolonged use;
calculators, cash registers or any equipment having a small data or measurement display required for direct use of the equipment; or
window typewriters.
The person responsible for a workplace shall perform a risk assessment of a workstation in the workplace before it is first used by users.
For workstations in service in the workplace immediately before the commencement* of this Regulation and used by users on or after that commencement, the person responsible for the workplace shall perform a risk assessment of those workstations within 14 days after that commencement.
For the purpose of complying with subsections (1) and (2), the risk assessment shall consist of a process of—
identifying and assessing the risk to the safety and health of users of a workstation; (L.N. 58 of 2002)
deciding whether existing precautions are adequate; and (L.N. 58 of 2002)
recording the findings. (L.N. 58 of 2002)
(Repealed L.N. 58 of 2002)
If—
the person responsible for a workplace has reason to believe that there has been a significant change in the conditions of a previous assessment; or (L.N. 58 of 2002)
there has been a significant change in a workstation,
the person responsible for the workplace shall review the risk assessment performed in respect of the workstation and revise the record of findings accordingly.
The person responsible for a workplace shall, so far as reasonably practicable, keep a record of all risk assessments performed by him in respect of a workstation, which shall include all findings recorded or revised under subsections (3)(c) and (4), and shall retain that record for a period of at least 2 years after that workstation ceases to be used by any user. (L.N. 58 of 2002)
The person responsible for a workplace shall—
upon request by an occupational safety officer, produce for inspection any record kept and retained by him under subsection (5); or
in case he is unable to comply with paragraph (a), deliver a copy of the record to the officer for inspection within such period as may be specified in a request in writing sent by the officer. (L.N. 58 of 2002)
(Repealed L.N. 58 of 2002)
The person responsible for a workplace shall take steps to reduce any risks identified in a risk assessment performed by him under section 4 to the lowest extent as is reasonably practicable.
The person responsible for a workplace shall, so far as reasonably practicable, make available to users of a workstation in respect of which a risk assessment has been performed under section 4 a copy of the following documents—
a record of the findings of the risk assessment; and
a record of any action he has taken after the assessment.
The person responsible for a workplace shall so far as reasonably practicable ensure that the workstations in the workplace are suitable having regard to the safety and health of users of those workstations.
An employer shall, so far as reasonably practicable, ensure that a user employed by him is provided with necessary safety and health training in the use of workstations.
A user of a workstation in a workplace shall, so far as reasonably practicable—
conform to any system of work and work practice that the person responsible for the workplace has established in order to comply with the requirements imposed by this Regulation; and
comply with any risk reduction measure taken as a result of any risk identified in a risk assessment performed under section 4.
Without prejudice to section 41 of the Ordinance, in any legal proceedings for an offence under this Regulation, proof that a person contravened or did not contravene a relevant provision of a workplace code of practice issued under section 40 of the Ordinance in respect of this Regulation may be relied on by any party to the proceedings as tending to establish or negate a matter that is in issue in the proceedings.
A person responsible for a workplace who—
fails to comply with section 4(1), (2) or (4), 5 or 7 commits an offence and is liable on conviction to a fine at level 6; or
fails to comply with section 4(5) or (6)(b) or 6 commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 111)
An employer who fails to comply with section 8 commits an offence and is liable on conviction to a fine at level 6. (L.N. 58 of 2002; 5 of 2023 s. 111)
A user who fails to comply with section 9 commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 111)
The offences mentioned in subsections (1) and (2) are offences of strict liability.