Factories and Industrial Undertakings (Cargo and Container Handling) Regulations
[21 July 1978]
(Format changes—E.R. 1 of 2021)
(Repealed L.N. 214 of 1992)
In these regulations, unless the context otherwise requires—
cargo handling (貨物搬運) means the loading, unloading or handling of cargo or goods at a dock, quay or wharf; person employed (受僱的人) means a person employed in cargo handling; proprietor (東主)—(a)means, except in regulations 10A, 10B and 17(5), a proprietor in relation to an industrial undertaking of cargo handling; and(b)means, in regulations 10A, 10B and 17(5), a proprietor in relation to an industrial undertaking of container handling; (L.N. 214 of 1992) working place (工作地方) means any place on a dock, quay or wharf in which persons are employed in cargo handling.A proprietor shall ensure that every regular approach over a dock, quay or wharf which persons employed have to use for going to or from a working place and every working place is maintained with due regard to the safety of the persons employed.
Without prejudice to the generality of paragraph (1), a proprietor shall ensure that all breaks, dangerous corners, and other dangerous parts or edges of the dock, quay or wharf are, so far as practicable having regard to the traffic and cargo handling operations, securely fenced so that the height of the fence is in no place less than 750 millimetres, and that the fencing is maintained in good condition ready for use. (L.N. 238 of 1984; 71 of 1989 s. 13)
A proprietor shall ensure that provision for the rescue from drowning of persons employed is made and maintained.
The provision required to be made under paragraph (1) shall—
include life-saving appliances;
be reasonably adequate having regard to all the circumstances; and
be readily accessible for use on the dock, quay or wharf.
A proprietor shall ensure that all working places and any dangerous parts of the regular road or way over a dock, quay or wharf, forming the approach to any such place from the nearest highway, are efficiently lighted whenever natural lighting is inadequate.
A proprietor shall ensure that at every dock, quay or wharf which is used for cargo handling—
electrical equipment and circuits are of such design, construction and so installed, protected and maintained as to prevent danger from contact and fire;
electrical equipment and circuits are efficient, and suitably located means are provided for cutting off all pressure from every part of the system in case of accident or to prevent danger;
electrical equipment for use in places where there is an explosion risk is of a suitable flameproof type for the atmosphere in question;
electrical equipment exposed to the weather is adequately protected against wet or corrosion;
portable electrical equipment is inspected by a competent person at least once in every day of use;
portable or flexible electric conductors are kept clear of loads, running gear and moving equipment; (L.N. 126 of 1995)
portable electric lamps are used only—
where adequate permanent fixed lighting cannot be provided; and
at a pressure safe in the particular conditions of work.
A proprietor shall not use, or cause or permit the use of, any electrical equipment which does not comply with the requirements of paragraph (1) or which is defective or otherwise unsafe.
In paragraph (1)—
competent person (合資格的人) means a person who is—(a)appointed in writing by the proprietor to inspect portable electrical equipment; and(b)by reason of training and practical experience, competent to perform the inspection; pressure (電壓) means the difference of electrical potential between any 2 conductors through which a supply of energy is given, or between any part of either conductor and the earth. (80 of 1997 s. 102)The owner of a fork-lift truck shall not use the truck, or cause or permit it to be used, for cargo or container handling unless— (L.N. 214 of 1992)
it is properly maintained; and
the person operating it is trained and competent to operate it.
No person shall, unless he is authorized by the proprietor or except in case of necessity, remove or interfere with any fencing, life-saving means or appliances, light or other thing whatsoever required by this Part to be provided.
If any thing is removed under paragraph (1), such thing shall be restored, at the end of the period during which its removal was necessary, by the person last engaged in the work that necessitated such removal.
Where cargo or goods are placed on a dock, quay or wharf—
a clear passage leading to the means of access to a vessel which is lying at the dock, quay or wharf shall be maintained on the dock, quay or wharf; and
if any space is left along the edge of the dock, quay or wharf, it shall be at least 900 millimetres wide and clear of all obstructions other than fixed structures, plant and appliances in use. (L.N. 238 of 1984)
Where stacking or unstacking of cargo or goods, or handling in connexion therewith, cannot be safely carried out unaided by some method of securing the cargo or goods, reasonable measures to guard against accident shall be taken by shoring or otherwise.
The proprietor shall, so far as reasonably practicable, ensure that—
the stacking, unstacking of containers, or the handling in connection therewith, is carried out in a safe and secure manner;
containers are stored, stacked or otherwise arranged in such a manner that no danger is caused to any person; and
the ground upon which containers are stacked is maintained in a level and firm condition.
The proprietor shall take all reasonable steps to ensure that no person works on top of a container unless adequate precautions have been taken to prevent persons falling therefrom.
In this Part, unless the context otherwise requires—
person trained in first aid (曾受急救訓練的人) means a person who—(a)holds a current certificate of competency in first aid issued by the St. John Ambulance Association;(b)is a registered nurse within the meaning of the Nurses Registration Ordinance (Cap. 164); or(c)has otherwise completed a course of training in first aid approved by certificate under the hand of the Commissioner.For the purposes of this Part, the number of persons employed in a working place shall be taken to be the number of persons actually working therein at any one time.
A proprietor shall provide and maintain in every working place so as to be readily accessible a separate first aid box or cupboard for each 100 persons or part thereof employed in the working place.
Every first aid box or cupboard shall be of adequate capacity and shall contain the items specified in Part I, II, or III, as the case may be, of the Schedule and any additional items required to be provided under paragraph (3).
The Commissioner may by notice in writing require a proprietor to keep all or any of the following items in a first aid box or cupboard—
a sufficient supply of assorted sizes of waterproof adhesive wound dressings;
a sufficient supply of waterproof adhesive plaster;
a sufficient supply of eye baths.
All items kept in a first aid box or cupboard in accordance with this regulation shall be in good condition at all times.
Nothing except appliances and requisites for first aid shall be kept in a first aid box or cupboard.
Every first aid box and cupboard shall be marked plainly “FIRST AID” in English and “急救” in Chinese.
The Commissioner may by notice in writing require a proprietor to provide a stretcher for any working place.
A stretcher provided in accordance with a requirement under paragraph (7) shall be—
kept alongside the first aid box or cupboard provided under this regulation; and
maintained in good condition at all times.
A proprietor shall ensure that all materials for dressings kept in a first aid box or cupboard are those designated in, and of a grade or quality not lower than the standards specified by, the British Pharmaceutical Codex or any supplement thereto.
Where 30 or more but less than 100 persons are employed in a working place, a proprietor shall ensure that at least one person trained in first aid is always readily available during working hours.
Where 100 or more persons are employed in a working place, a proprietor shall ensure that at least 2 persons trained in first aid are always readily available during working hours.
A proprietor shall affix to every first aid box or cupboard provided by him under regulation 12 a notice in English and Chinese specifying the names of the persons trained in first aid who are available under paragraph (1) or (2) and the places where they can be found.
If a proprietor provides a room on the dock, quay or wharf for the sole purpose of providing first aid or medical treatment, and makes arrangements so as to ensure the treatment therein of all injuries occurring in any working place on the dock, quay or wharf, the Commissioner may by notice in writing exempt the proprietor from the requirements of this Part to such extent and subject to such conditions as the Commissioner may specify in the notice.
A notice of exemption under paragraph (1) shall be prominently exhibited by a proprietor in the room provided.
Notices in English and Chinese shall be exhibited by a proprietor in prominent positions at every dock, quay and wharf which is used for cargo handling stating—
the location of the rescue and life-saving appliances provided under regulation 4;
the location of first aid boxes or cupboards provided under regulation 12;
the position of the stretcher, if one is required to be provided under regulation 12(7);
where regulation 15 applies, the location of the room provided for the treatment of injuries.
A proprietor who—
contravenes regulation 3, 4, 5, 6(1)(e), (f) or (g) or (2) (in relation to a requirement under regulation 6(1)(e), (f) or (g)) or 14(1) or (2) commits an offence and is liable on conviction to a fine at level 6;
contravenes regulation 6(1)(a), (b), (c) or (d) or (2) (in relation to a requirement under regulation 6(1)(a), (b), (c) or (d) or any electrical equipment that is defective or otherwise unsafe) commits an offence and is liable on conviction to a fine of $400,000;
contravenes regulation 10A or 10B commits an offence and is liable on conviction to a fine of $400,000;
contravenes regulation 12(1), (2), (4), (5), (6) or (8), 13, 14(3), 15(2) or 16 commits an offence and is liable on conviction to a fine at level 4; or
fails to comply with any requirement of the Commissioner under regulation 12(3) or (7) commits an offence and is liable on conviction to a fine at level 4.
A person who—
contravenes regulation 7, 9 or 10 commits an offence and is liable on conviction to a fine at level 6; or
contravenes regulation 8 commits an offence and is liable on conviction to a fine at level 5.
Any person employed or engaged in cargo or container handling, who wilfully and without reasonable cause does anything likely to endanger himself or others shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
Where the number of persons employed in a working place is less than 10—
A copy of the leaflet giving advice on first aid treatment issued by the Commissioner.
A sufficient number (not less than 6) of small sterilized unmedicated dressings for injured fingers.
A sufficient number (not less than 3) of medium sized sterilized unmedicated dressings for injured hands or feet.
A sufficient number (not less than 12) of adhesive wound dressings of assorted sizes. (L.N. 235 of 1996)
A sufficient number (not less than 2) of triangular bandages of unbleached calico, the longest side of which measures not less than 1.3 metres and each of the other sides not less than 900 millimetres.
A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres zinc oxide plaster) of adhesive plaster.
A sufficient number (not less than 3) of 30 grams packets of absorbent cotton wool.
A pressure bandage.
Safety pins.
Where the number of persons employed in a working place is 10 or more but less than 50—
A copy of the leaflet giving advice on first aid treatment issued by the Commissioner.
A sufficient number (not less than 12) of small sterilized unmedicated dressings for injured fingers.
A sufficient number (not less than 6) of medium-sized sterilized unmedicated dressings for injured hands or feet.
A sufficient number (not less than 24) of adhesive wound dressings of assorted sizes.
A sufficient number (not less than 4) of triangular bandages of unbleached calico, the longest side of which measures not less than 1.3 metres and each of the other sides not less than 900 millimetres.
A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres zinc oxide plaster) of adhesive plaster.
A sufficient number (not less than 6) of 30 grams packets of absorbent cotton wool.
A pressure bandage.
Safety pins.
Where the number of persons employed in a working place is 50 or more—
A copy of the leaflet giving advice on first aid treatment issued by the Commissioner.
A sufficient number (not less than 24) of small sterilized unmedicated dressings for injured fingers.
A sufficient number (not less than 12) of medium-sized sterilized unmedicated dressings for injured hands or feet.
A sufficient number (not less than 36) of adhesive wound dressings of assorted sizes.
A sufficient number (not less than 8) of triangular bandages of unbleached calico, the longest side of which measures not less than 1.3 metres and each of the other sides not less than 900 millimetres.
A sufficient supply (not less than 2 rolls of 25 millimetres by 4.5 metres zinc oxide plaster) of adhesive plaster.
A sufficient number (not less than 12) of 30 grams packets of absorbent cotton wool.
A pressure bandage.
Safety pins.