Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations
[1 December 1986]
(Format changes—E.R. 1 of 2022)
These regulations may be cited as the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations.
In these regulations, unless the context otherwise requires—
construction site (建築地盤) 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; safety officer (安全主任) means a person employed as a safety officer in an industrial undertaking under these regulations; safety supervisor (安全督導員) means a person employed as a safety supervisor in an industrial undertaking under these regulations; ship (船舶) means any description of vessel used in navigation; (L.N. 352 of 1994) shipyard (船廠) 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; (L.N. 352 of 1994) vessel (船隻) means any ship, boat, junk or any other description of vessel used in navigation and includes any floating dock, floating workshop or floating restaurant. (L.N. 352 of 1994)These regulations apply to any industrial undertaking named in the First Schedule.
There shall be a Safety Officer Advisory Committee (in this regulation referred to as the committee) to advise the Commissioner for Labour on such matters as he may from time to time refer to the committee for the purposes of these regulations, including—
the qualifications for registration of persons as safety officers referred to in regulation 5; and
the registration of persons as safety officers under regulation 7.
The committee shall consist of such number of persons as the Commissioner for Labour may appoint to be members thereof and each member shall hold office for such period as the Commissioner for Labour may in his discretion determine.
A member of the committee may resign at any time by notice in writing addressed to the Commissioner for Labour.
The committee shall meet as often as may be necessary for the consideration of matters referred to the committee under this regulation or as the Commissioner for Labour may, by notice in writing to each member, direct.
The procedure of the committee shall be such as the Commissioner for Labour may determine.
A person who holds a scheduled qualification specified in the first column of the Second Schedule is qualified to be registered as a safety officer for the purposes of employment at the class of industrial undertaking indicated opposite thereto in the second column of the Second Schedule.
Notwithstanding paragraph (1) and the Second Schedule, a person who satisfies the Commissioner for Labour that—
immediately before these regulations become applicable to a class of industrial undertaking, he was employed as a full time safety officer in that class of industrial undertaking; and (L.N. 100 of 2002)
by reason of his education, training, professional experience and skill in industrial safety he is a fit and proper person to be registered as a safety officer,
shall be deemed to be qualified to be registered as a safety officer for the purposes of employment in that class of industrial undertaking. (L.N. 100 of 2002)
The Commissioner shall establish and maintain a register in which he shall cause to be kept particulars of the names and addresses of all persons registered as safety officers under these regulations and such other matters, if any, as he thinks fit.
The register shall be available for inspection by the public free of charge at such offices of the Government as the Commissioner may direct, during the hours when those offices are open to the public.
The Commissioner shall enter in the register—
any amendment as he may consider necessary for the purposes of preserving the accuracy of the register in respect of the address or any other particulars relating to a person whose name appears therein; and
where he suspends the registration of a person whose name appears therein under regulation 10, the period of time that registration is suspended.
The Commissioner shall remove from the register the name of a person—
who dies;
who requests in writing that his name be removed; or
whose registration is cancelled under regulation 9.
An application by a person for registration as a safety officer shall be made to the Commissioner for Labour—
in the approved form; and
in the case where the applicant is a person qualified to be registered as a safety officer under regulation 5(3), within 12 months after these regulations become applicable to the class of industrial undertaking concerned. (L.N. 352 of 1994; L.N. 100 of 2002)
Subject to paragraph (3), the Commissioner for Labour may, in his discretion, register a person as a safety officer, and may impose such conditions in relation to that registration as he thinks fit.
The Commissioner for Labour shall not register an applicant as a safety officer unless he is satisfied that the applicant is a person who is—
qualified to be registered as a safety officer;
competent to be registered as a safety officer; and
fit and proper to be registered as a safety officer.
Subject to paragraph (2) and regulations 9 and 10, the registration of a person as a safety officer under regulation 7(2), shall be valid for a period of 4 years from the date he is registered but may be renewed or revalidated under regulation 7B.
Any person who, immediately before the commencement* of section 4 of the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) (Amendment) Regulation 2001 (L.N. 100 of 2002) being a person registered as a safety officer under regulation 7(2) shall be deemed, for the purposes of renewal or revalidation under regulation 7B, to be registered on that commencement.
Subject to regulation 7B(2), the registration of a person as a safety officer under regulation 7(2) not renewed under regulation 7B shall cease to have effect on its expiration.
A registered safety officer who wishes to renew his registration as a safety officer under regulation 7(2) shall submit to the Commissioner for Labour an application for renewal in the approved form prior to but not earlier than 9 months before the expiration of his registration.
Any registration in respect of which an application for renewal is made under this regulation and which expires prior to the determination of such application shall, unless the application is withdrawn or the registration is cancelled under regulation 9 or suspended under regulation 10, remain valid pending the determination by the Commissioner for Labour of that application.
A renewal of registration under this regulation shall have effect from the day following the day on which the registration would have expired but for paragraph (2), for a period of 4 years.
A person whose registration under regulation 7(2) has expired and ceased to have effect and who wishes to revalidate that registration shall not make a new application for registration under regulation 7 but shall submit to the Commissioner for Labour an application for the revalidation of his expired registration in the approved form.
Where the Commissioner for Labour approves the revalidation of an expired registration, the registration shall become revalidated for a period of 4 years from the date of approval.
Subject to paragraph (7), the Commissioner for Labour may, in his discretion, renew or revalidate the registration of a person as a safety officer under regulation 7(2), as the case may be, and may impose such conditions in relation to that renewal or that revalidation as he thinks fit.
The Commissioner for Labour shall not approve an application for renewal or revalidation unless he is satisfied that the applicant has completed a total of not less than 100 hours of Continuing Professional Development Programme in occupational safety and health in the 4 years immediately preceding the application.
This regulation does not apply to a person whose registration as a safety officer under regulation 7(2) has been cancelled under regulation 9.
Where the Commissioner for Labour registers or refuses to register a person as a safety officer under regulation 7, or renews or revalidates or refuses to renew or revalidate that registration under regulation 7B, he shall forthwith serve notice in writing of his decision on that person. (L.N. 100 of 2002)
Where the Commissioner for Labour refuses to register a person as a safety officer, or refuses to renew or revalidate the registration of a person, the notice referred to in paragraph (1) shall include— (L.N. 100 of 2002)
an adequate statement of the reasons for his refusal; and
an endorsement setting out the relevant provisions of regulation 12.
The Commissioner for Labour may cancel the registration of a person registered as a safety officer under regulation 7(2) or such that registration as renewed or revalidated under regulation 7B if— (L.N. 100 of 2002)
he is of the opinion that registration, renewal or revalidation was obtained by fraudulent means; or (L.N. 100 of 2002)
he ceases to be satisfied of any matter in respect of which he is required to be satisfied under regulation 7(3).
If in the case of a person registered as a safety officer under regulation 7, or whose registration is renewed or revalidated under regulation 7B, it appears to the Commissioner for Labour that that person has without reasonable excuse failed to carry out the duties of a safety officer under these regulations, he may serve on that person a notice stating his intention to suspend the registration of that person and the ground or grounds therefor and requiring that person to show cause in writing, within 14 days after the service of such notice, why the registration should not be suspended. (L.N. 100 of 2002)
Where after a notice is served on a person under paragraph (1)—
that person does not show cause in writing why the registration should not be suspended; or
the Commissioner for Labour is of the opinion that that person has not shown good cause in writing why the registration should not be suspended,
the Commissioner for Labour may by notice in writing suspend the registration for such time being not more than 12 months as shall be specified therein.
Where the Commissioner for Labour cancels registration under regulation 9 or suspends registration under regulation 10, he shall forthwith serve notice in writing of his decision on—
the person whose registration is cancelled or suspended; and
the proprietor of the industrial undertaking where that person is employed.
Every notice referred to in paragraph (1) shall include—
an adequate statement of the reasons for cancelling or suspending the registration; and
an endorsement setting out the relevant provisions of regulation 12.
A person—
whom the Commissioner for Labour refuses to register under regulation 7;
whose registration as a safety officer the Commissioner for Labour refuses to renew or revalidate under regulation 7B; (L.N. 100 of 2002)
whose registration is cancelled under regulation 9; or
whose registration is suspended under regulation 10,
may, within 28 days of being notified by the Commissioner for Labour of any such decision, appeal to the Administrative Appeals Board.
A decision cancelling registration under regulation 9 or suspending registration under regulation 10 that is appealed against under paragraph (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner for Labour, be contrary to the public interest and the notice of the decision contains a statement to that effect. (E.R. 1 of 2022)
The Commissioner for Labour shall cause notice of the determination of the appeal by the Administrative Appeals Board, together with a statement of the decision, to be served on the proprietor of the industrial undertaking where the appellant is employed as soon as practicable after that determination.
Where the Commissioner for Labour cancels registration under regulation 9 or suspends registration under regulation 10, he shall cause notice thereof to be published in the Gazette—
if no appeal is made under regulation 12(1), on the expiry of the period of 28 days referred to in that regulation; or
if an appeal is made under regulation 12(1), on the confirmation of his decision by the Administrative Appeals Board.
The proprietor of an industrial undertaking specified in the first column of paragraph 1 of the Fourth Schedule shall employ a person as a full time safety officer in the manner indicated opposite in the second column of paragraph 1 of the Fourth Schedule.
A proprietor of an industrial undertaking shall not employ any person as a safety officer—
unless that person is for the time being—
registered under regulation 7; and
not suspended from registration under regulation 10; and
for any purpose other than the discharge of the duty under regulation 15 of a person employed as a safety officer. (L.N. 100 of 2002)
The duty of a person employed as a safety officer shall be to assist the proprietor of the industrial undertaking in promoting the safety and health of persons employed therein, including for that purpose—
advising the proprietor as to measures to be taken in the interest of the safety and health of persons employed in the industrial undertaking and, with the approval of the proprietor, implementing such measures;
inspecting the industrial undertaking, or directing any person employed as a safety supervisor therein to inspect the industrial undertaking for the purpose of determining whether or not there is any machinery, plant, equipment, appliance or process or any description of work carried on in the industrial undertaking which is of such a nature as to be liable to cause risk of bodily injury to any person employed in an industrial undertaking;
reporting the findings of any inspection carried out under subparagraph (b) to the proprietor and recommending what measures, if any, ought to be taken as a result of that inspection;
assisting in the supervision of any person employed as a safety supervisor in the industrial undertaking;
advising the proprietor in the interest of the safety and health of persons employed in the industrial undertaking of any repairs or maintenance that ought to be carried out in respect of—
any premises comprising the industrial undertaking;
any appliance, equipment, machinery or plant in use in the industrial undertaking;
investigating and reporting to the proprietor, or causing to be investigated and reported to the proprietor, the circumstances of any accident, or dangerous occurrence in the industrial undertaking and making recommendations to the proprietor to prevent similar accidents or dangerous occurrences;
investigating and reporting to the proprietor, or causing to be investigated and reported to the proprietor, the circumstances of the suffering of any bodily injury by any person employed in the industrial undertaking and making recommendations to the proprietor to prevent similar suffering of any bodily injury;
investigating and reporting to the proprietor every fatal accident in the industrial undertaking and making recommendations to the proprietor to prevent similar fatal accidents;
receiving, discussing and countersigning every report submitted to him under regulation 17(1)(b)(iv) by a person employed as a safety supervisor; (L.N. 100 of 2002)
on or before the last day in every month preparing and submitting to the proprietor a report as provided in paragraph (2); and (L.N. 100 of 2002)
advising the proprietor on the implementation of a safety management system in the industrial undertaking, including the duties listed below—
to assist in establishing, revising and reviewing a safety and health policy of the industrial undertaking;
to assist in organizing a safety and health training programme;
to assist in devising in-house safety rules and regulations;
to assist in implementing safety and health plans, programmes, arrangements and measures;
to assist in establishing a safety committee and implementing its recommendations;
to assist in job hazard analysis, evaluation of potential hazards and the identification of hazardous conditions and hazardous exposure; and
to assist in conducting safety promotion, health assurance and personal protection programmes. (L.N. 100 of 2002)
A report submitted under paragraph (1)(j) shall be in the approved form. (L.N. 352 of 1994)
The proprietor of an industrial undertaking specified in the first column of paragraph 2 of the Fourth Schedule shall employ a person as a safety supervisor in the manner indicated opposite in the second column of paragraph 2 of the Fourth Schedule.
The duty of a person employed as a safety supervisor shall be—
to assist any person employed as a safety officer in the industrial undertaking in carrying out the duties of a safety officer under these regulations;
to assist the proprietor responsible for the industrial undertaking in promoting the safety and health of persons employed therein including for that purpose—
advising the proprietor or any person employed as a safety officer in the industrial undertaking, as to the observance by any person of the standards for the safety or protection of persons employed in the industrial undertaking;
supervising the observance by any person of the standards for the safety or protection of persons employed in the industrial undertaking;
promoting the safe carrying on of work in the industrial undertaking; and
on or before the last day in every week, preparing and submitting, in the case where no person is employed as a safety officer in the industrial undertaking, to the proprietor, or in the case where a person is employed as a safety officer in the industrial undertaking, to the safety officer, a report as provided in paragraph (2).
A report submitted under paragraph (1)(b)(iv) shall be in the approved form. (L.N. 352 of 1994)
Where it appears to the Commissioner that any person employed as a safety supervisor has, without reasonable excuse, failed to carry out his duties under these regulations, the Commissioner may, by notice in writing served on the proprietor of the industrial undertaking where the person is employed as a safety supervisor, direct him to employ another person as a safety supervisor before the expiry of such time being not less than 14 days as shall be specified in the notice.
The proprietor of an industrial undertaking on whom a notice is served under paragraph (1), shall comply with the direction to employ another person as a safety supervisor before the expiry of the time specified in the notice.
The proprietor of an industrial undertaking shall, in relation to the duties under these regulations of any person employed as a safety officer or safety supervisor therein—
ensure that such duties are carried out under his supervision or under the supervision of a person who has direct and effective control over the work carried on in the industrial undertaking;
provide all such assistance, equipment, facilities and information as may be necessary for the proper carrying out of such duties; and
ensure that a person employed as a safety supervisor is not required to carry out other work of a nature or to the extent that would prevent the proper carrying out of such duties.
The proprietor of an industrial undertaking—
specified in the first column of paragraph 1(a), (c), (e) or (g) of the Fourth Schedule who has in his employ a safety officer as required by regulation 14(1) shall display in a conspicuous place at the industrial undertaking in which that safety officer is employed; or
specified in the first column of paragraph 1(b), (d), (f) or (h) of the Fourth Schedule who has in his employ a safety officer as required by regulation 14(1) shall display in a conspicuous place at each of the premises or sites comprising the industrial undertaking in respect of which that safety officer is employed,
a notice in the approved form showing in both the English and Chinese languages the name of that proprietor and the name, contact telephone number and duties of that safety officer.
The proprietor of an industrial undertaking—
specified in the first column of paragraph 2(a), (c), (e) or (g) of the Fourth Schedule who has in his employ a safety supervisor as required by regulation 16 shall display in a conspicuous place at the industrial undertaking in which that safety supervisor is employed; or
specified in the first column of paragraph 2(b), (d), (f) or (h) of the Fourth Schedule who has, in respect of any premises or site in the industrial undertaking, in his employ a safety supervisor as required by regulation 16 shall display in a conspicuous place at such premises or site,
a notice in the approved form showing in both the English and Chinese languages the name of that proprietor and the name, contact telephone number and duties of that safety supervisor.
The proprietor of an industrial undertaking shall, in relation to a report submitted to him under regulation 15(1)(j), by a person employed as a safety officer, or a report submitted to him under regulation 17(1)(b)(iv), by a person employed as a safety supervisor—
discuss the report with the safety officer or the safety supervisor, as the case may be, as soon as practicable after the report is submitted to him;
countersign the report and indicate the date when it was discussed under subparagraph (a); and
keep the report for a period of 3 years from the date it was discussed under subparagraph (a). (E.R. 1 of 2022)
The Commissioner may, by notice in writing served on the proprietor of an industrial undertaking, require the proprietor to produce any report kept under regulation 20(c) by the proprietor to him before the expiry of such time being not less than 14 days as shall be specified in the notice.
The proprietor of an industrial undertaking on whom a notice is served under paragraph (1), shall before the expiry of the time specified in the notice, produce the report to the Commissioner.
A proprietor of an industrial undertaking who—
contravenes regulation 14 or 16 commits an offence and is liable on conviction to a fine of $400,000;
contravenes regulation 18(2), 19, 20 or 21(2) commits an offence and is liable on conviction to a fine at level 6; or
contravenes regulation 19A commits an offence and is liable on conviction to a fine at level 4.
(Part VII added L.N. 352 of 1994)
In these regulations—
approved form (認可格式) means such form as the Commissioner for Labour may from time to time approve by notice in the Gazette or, where the Commissioner for Labour gives prior approval for a different form to be used, such different form.| Construction sites | ||
| Shipyards (L.N. 352 of 1994) | ||
| Container handling (L.N. 100 of 2002) | ||
| Scheduled qualification | Industrial undertaking |
| A, B, C or D | Construction sites |
| A, B or C | Industrial undertakings to which these regulations apply except construction sites |
For the purposes of regulation 5 and the Second Schedule, the qualifications for registration as a safety officer are as follows—
A recognized degree or post-graduate diploma in occupational safety and health, or equivalent, and relevant experience of not less than 1 year.
A degree in Science or Engineering, or equivalent, and a recognized certificate, diploma or higher diploma in occupational safety and health, and relevant experience of not less than 1 year.
A recognized certificate, diploma or higher diploma in occupational safety and health, and relevant experience of not less than 2 years, of which one year must be obtained after the academic qualification.
A recognized certificate in construction safety and relevant experience of not less than 2 years, of which one year must be obtained after the academic qualification.
In paragraph 1—
relevant (有關) means such experience as may from time to time be recognized as being relevant to the duties of a safety officer under these regulations.In paragraphs 1 and 2—
recognized (獲承認) means recognized for the purposes of these regulations by the Commissioner for Labour.(Third Schedule replaced L.N. 100 of 2002)
Employment of safety officer for the purposes of regulation 14.
| Proprietor | Safety Officer | ||
| (a) | A proprietor of one construction site who is a principal contractor. | One safety officer where the total number of persons employed therein, not being persons employed by a specialist contractor, is 100 or more. | |
| (b) | A proprietor of more than one construction site who is a principal contractor. | One safety officer where the total aggregate number of persons employed at such construction sites, not being persons employed by a specialist contractor, is 100 or more. | |
| (c) | A proprietor of one construction site who is a specialist contractor. | One safety officer where the total number of persons employed by him therein is 100 or more. | |
| (d) | A proprietor of more than one construction site who is a specialist contractor. | One safety officer where the total aggregate number of persons employed by him at such construction sites is 100 or more. | |
| (e) | A proprietor of one shipyard. | One safety officer where the total number of persons employed by him therein is 100 or more. (L.N. 352 of 1994) | |
| (f) | A proprietor of more than one shipyard. | One safety officer where the total aggregate number of persons employed by him in such shipyards is 100 or more. (L.N. 352 of 1994) | |
| (g) | A proprietor of one container handling workplace. | One safety officer where the total number of persons employed by him therein is 100 or more. (L.N. 100 of 2002) | |
| (h) | A proprietor of more than one container handling workplace. | One safety officer where the total aggregate number of persons employed by him in such container handling workplaces is 100 or more. (L.N. 100 of 2002) | |
| (L.N. 352 of 1994) | |||
Employment of safety supervisor for the purposes of regulation 16.
| Proprietor | Safety Supervisor | ||
| (a) | A proprietor of one construction site who is a principal contractor. | One safety supervisor where the total number of persons employed therein, not being persons employed by a specialist contractor, is 20 or more. | |
| (b) | A proprietor of more than one construction site who is a principal contractor. | One safety supervisor on each construction site on which the number of persons employed, not being persons employed by a specialist contractor, is 20 or more. | |
| (c) | A proprietor of one construction site who is a specialist contractor. | One safety supervisor where the total number of persons employed by him therein, is 20 or more. | |
| (d) | A proprietor of more than one construction site who is a specialist contractor. | One safety supervisor on each construction site on which the number of persons employed by him is 20 or more. | |
| (e) | A proprietor of one shipyard. | One safety supervisor where the total number of persons employed by him therein is 20 or more. (L.N. 352 of 1994) | |
| (f) | A proprietor of more than one shipyard. | One safety supervisor in each shipyard in which the number of persons employed by him is 20 or more. (L.N. 352 of 1994) | |
| (g) | A proprietor of one container handling workplace. | One safety supervisor where the total number of persons employed by him therein is 20 or more. (L.N. 100 of 2002) | |
| (h) | A proprietor of more than one container handling workplace. | One safety supervisor in each container handling workplace in which the number of persons employed by him is 20 or more. (L.N. 100 of 2002) |
In paragraphs 1 and 2—
principal contractor (總承建商) means any person who enters into a contract with an owner, occupier or developer of property, or with an agent or architect, surveyor or civil, municipal or structural engineer of such owner, occupier or developer, to perform construction work for such owner, occupier or developer in respect of that property; (E.R. 1 of 2022) specialist contractor (專門承建商) means any person who is nominated by an owner, occupier or developer of property, or by an agent or architect, surveyor or civil, municipal or structural engineer of such owner, occupier or developer, or by the principal contractor, and who enters into a contract— (a)with a principal contractor to perform all or any part of the construction work in a construction site which the principal contractor has contracted to perform; or (b)with an owner, occupier or developer of property, or with an agent or architect, surveyor or civil, municipal or structural engineer of such owner, occupier or developer, to perform any construction work in a construction site which the principal contractor has not contracted to perform.(Repealed L.N. 352 of 1994)