Chapter:

59A

FACTORIES AND INDUSTRIAL UNDERTAKINGS

REGULATIONS

Gazette Number Version Date

30/06/1997

Empowering section
(Cap 59, section 7)

[29 September 1955]

(Originally G.N.A. 103 of 1955)
Part:

Regulation: 1

PRELIMINARY

30/06/1997

Citation

30/06/1997

These regulations may be cited as the Factories and Industrial Undertakings Regulations.
Regulation: 2

Interpretation

30/06/1997

In these regulations, unless the context otherwise requires"dangerous occurrence" () means any occurrence specified in the First Schedule; (L.N. 132 of 1969)
"executive" (), in relation to a trade union, means the body to which the management of the affairs of the trade
union is entrusted by the members and also means any person for the time being carrying out the functions of a
president, chairman, vice-chairman, secretary or treasurer of a trade union; (L.N. 132 of 1969)
"fire-resisting material" () means a building material certified by the building authority to be fire-resisting;
"identity card" () means an identity card issued under the Registration of Persons Ordinance (Cap 177); (L.N.
132 of 1969)
"material" () includes waste material and debris; (L.N. 157 of 1978)
"mill-gearing" () includes every shaft, wheel, drum and pulley and every other appliance by which motion
or power is communicated to any machine;
"overburden" (), in respect of a quarry, means any other substance which overlies the granite, porphyry or
limestone which is extracted in the quarry; (L.N. 29 of 1969)
"trade union" () means a trade union which is registered under the Trade Unions Ordinance (Cap 332). (L.N.
132 of 1969)
(11 of 1980 s. 6; L.N. 302 of 1996)
Regulation: 3

(Repealed 11 of 1980 s.6)

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Part:

II

(Repealed 11 of 1980 s. 6)

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Part:

IIA

MEDICAL EXAMINATIONS OF PERSONS

EMPLOYED TO WORK UNDERGROUND

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Application of Part IIA

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Regulation: 16A

This Part shall apply to the following industrial undertakings(a) mines;

(b) quarries; and

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

(c) industrial undertakings involving tunnelling operations.

(L.N. 132 of 1969)
Regulation: 16B

Register of persons employed underground in industrial

undertaking

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(1) The proprietor of every industrial undertaking to which this Part applies shall maintain or cause to be
maintained therein a register in accordance with this regulation.
(2) The register shall be in the prescribed form and shall in respect of every person employed to work
underground in the industrial undertaking- (see Second Schedule, Form 1)
(a) specify his name and residential address;
(b) specify the number of his identity card, if any;
(c) specify his date of birth;
(d) contain a full face photograph of the person;
(e) specify the date on which he first commenced to work underground in the industrial undertaking; and
(f) specify the date of every medical examination undergone by him in accordance with regulation
16C(3).
(L.N. 132 of 1969)
Regulation: 16C

Employees not to work underground unless examined

medically

30/06/1997

(1) Subject to regulations 16D and 16E, no person shall be permitted to commence to work underground in an
industrial undertaking to which this Part applies unless within the month preceding the date on which the person first
commences so to work(a) the proprietor has engaged a medical practitioner to examine the person medically in accordance with
paragraph (3); and
(b) the senior occupational health officer has issued a certificate under paragraph (4) that the person is fit
to work underground in such an industrial undertaking. (L.N. 248 of 1982)
(2) No person under the age of 21 years(a) who is employed to work underground in an industrial undertaking to which this Part applies; and
(b) who has been so employed for more than 12 months,
shall be permitted to continue in such employment at any time unless within the preceding period of 12 months(i) the proprietor has engaged a medical practitioner to examine the person medically in accordance with
paragraph (3); and
(ii) the senior occupational health officer has issued a certificate under paragraph (4) that the person is fit
to work underground in such an industrial undertaking: (L.N. 248 of 1982)
Provided that a person under the age of 21 years who is employed at the date of commencement of this
regulation to work underground in an industrial undertaking to which this Part applies may continue to be so
employed for a period not exceeding 3 months from such date, notwithstanding that he has not been examined
medically as required under sub-paragraph (i) of this paragraph.
(3) Where any person is required to be examined medically for the purposes of this regulation(a) the proprietor of the industrial undertaking in which the person is employed or is to be employed to
work underground shall complete Part I of the prescribed medical examination report in duplicate;
(see Second Schedule, Form 2)
(b) the person required to be examined shall complete Part II of the prescribed medical examination report
in duplicate; and (see Second Schedule, Form 2)
(c) a medical practitioner shall carry out a medical examination of the person, and(i) complete Part III of the prescribed medical examination report in duplicate in respect of the
person; (see Second Schedule, Form 2)
(ii) forward 1 copy of the completed report to the senior occupational health officer; and (L.N. 248
of 1982)
(iii) retain 1 copy of the completed report.
(4) Where the senior occupational health officer receives a medical examination report under paragraph (3) in
respect of any person, he shall forthwith forward a certificate in the prescribed form and in accordance with the report

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

to the proprietor of the industrial undertaking by whom the medical practitioner has been engaged. (see Second
Schedule, Form 3)
(5) The expenses of the medical examination of any person for the purposes of this regulation shall in no case
be payable by or recoverable from the person.
(L.N. 132 of 1969)
Regulation: 16D

Exemption from medical examination where employee

examined within previous 12 months

30/06/1997

(1) Any person(a) who has attained the age of 21 years,

(b) who is or has at any time been employed to work underground in an industrial undertaking to which
this Part applies,
(c) who has been examined medically in accordance with regulation 16C(3) for the purposes of such
employment; and
(d) in respect of whom the senior occupational health officer has, as a result of the medical examination,
issued a certificate of fitness under regulation 16C(4), (L.N. 248 of 1982)
may, at any time within 12 months after the date of the medical examination(i) be re-employed to work underground in the industrial undertaking; or
(ii) be employed, subject to paragraph (2), to work underground in any other industrial undertaking to
which this Part applies,
notwithstanding that in respect of his re-employment in such industrial undertaking, or his employment in such other
industrial undertaking, the person has not been examined medically as required under regulation 16C(1)(a).
(2) Before employing any person under paragraph (1)(ii), the proprietor of the industrial undertaking shall
obtain from the senior occupational health officer a copy of the certificate issued under regulation 16C(4) in respect of
the medical examination. (L.N. 248 of 1982)
(L.N. 132 of 1969)
Regulation: 16E

Exemption from medical examination where work unlikely

to take more than 6 months to complete

30/06/1997

Where any person who has attained the age of 21 years is to be employed to work underground in any industrial
undertaking to which this Part applies, and the Commissioner for Labour or any officer authorized in writing by him is
satisfied that the underground work on which the person is to be employed is unlikely to take more than 6 months to
complete, the Commissioner for Labour or the authorized officer may give written permission for the employment of
the person on such work for such period, not exceeding 6 months, as the Commissioner for Labour or the authorized
officer shall specify, notwithstanding that in respect of such employment, the person has not been examined medically
as required under regulation 16C(1)(a).
(L.N. 132 of 1969)
Regulation: 16F

Disclosure of medical information

30/06/1997

(1) At the request of an authorized member of the executive of any trade union which in the opinion of the
Commissioner for Labour, or any officer authorized in writing by him, represents any person under the age of 21 years
who is employed to work underground in any industrial undertaking to which this Part applies, the Commissioner for
Labour or the authorized officer shall supply to such member the following information in respect of the person so
employed(a) his name;
(b) his identity card number, if any;
(c) his date of birth;
(d) the date which, in the latest medical examination report received by the senior occupational health
officer under regulation 16C(4) in respect of the person, is specified as the date on which he first
commenced to work underground in the industrial undertaking or as the proposed date on which he
was to first commence so to work; and (L.N. 248 of 1982)
(e) the nature of his occupation,
Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

and shall produce for inspection to such member the latest certificate issued under regulation 16C(4) in respect of the
person so employed.
(2) No(a) proprietor of an industrial undertaking to which this Part applies; or
(b) public officer,
shall disclose to any person any medical information which is obtained on the examination of a person in accordance
with regulation 16C(3), unless(i) the person to whom the information relates consents to the disclosure;
(ii) the information is disclosed to a public officer acting in the course of his duty; or
(iii) the disclosure of the information is permitted or required under any enactment.
(L.N. 132 of 1969)
Part:

III

Regulation: 17

30/06/1997

GENERAL
Report of accidents resulting in death or incapacity

32 of 2000

09/06/2000

(1) Where an accident in an industrial undertaking results in(a) the death of a person at the time of the accident or immediately thereafter; or
(b) serious bodily injury to a person,
a report of the accident stating the name of the person, the nature of the injury and the time, place and circumstances
of the accident shall be made orally or in writing by the proprietor of the industrial undertaking within 24 hours after
the accident(i) to an occupational safety officer, where the accident occurs in an industrial undertaking other than a
quarry; or (32 of 2000 s. 48)
(ii) to the Superintendent of Mines, where the accident occurs in a quarry,
and to the police station nearest to the place of accident, where the accident results in death.
(2) Subject to paragraph (4), where an accident in an industrial undertaking results in(a) the death of a person at the time of the accident or immediately thereafter;
(b) serious bodily injury to a person; or
(c) the incapacity, for a period exceeding 3 days immediately following the accident, of a person for any
employment which he was capable of undertaking at the time of the accident,
a report of the accident (containing the particulars specified in paragraph (5)) shall, in addition to any report required
to be made under paragraph (1), be made in writing by the proprietor of the industrial undertaking within 7 days after
the accident(i) to an occupational safety officer, where the accident occurs in an industrial undertaking other than a
quarry; or (32 of 2000 s. 48)
(ii) to the Superintendent of Mines, where the accident occurs in a quarry.
(3) Where a person who is injured in an accident dies subsequently as a result of the injury and the death comes
to the notice of the proprietor of the industrial undertaking, the proprietor shall, in addition to any report which he may
have made or is required to make under paragraphs (1)(b) and (2)(b) or (c), report the death orally or in writing within
24 hours after it comes to his notice(a) to an occupational safety officer, where the accident has occurred in an industrial undertaking other
than a quarry; or (32 of 2000 s. 48)
(b) to the Superintendent of Mines, where the accident has occurred in a quarry,
and to the police station nearest to the place of the accident.
(4) No report is required under paragraph (2) if notice of the accident has been given under section 15 of the
Employees, Compensation Ordinance (Cap 282).
(5) A report under paragraph (2) shall contain(a) the name and address of the proprietor of the industrial undertaking;
(b) the name, occupation and address of the deceased or injured person and his sex, age and identity card
number;
(c) the date and particulars of the accident; and
(d) the nature of the injury, stating whether death or incapacity was caused by the injury.
(6) For the purposes of paragraphs (1) and (2) a person shall be deemed to have suffered serious bodily injury

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

in an accident if he is admitted to a hospital immediately following the accident for observation or treatment.
(L.N. 7 of 1975)
Regulation: 18

Reports of dangerous occurrences

32 of 2000

09/06/2000

(1) Every dangerous occurrence which occurs in an industrial undertaking, whether any personal injury has
been caused or not, shall be reported by the proprietor of the industrial undertaking within 24 hours of its occurrence(L.N. 7 of 1975)
(a) in the case of an industrial undertaking other than a quarry, to an occupational safety officer; and (32
of 2000 s. 48)
(b) in the case of a quarry, to the Superintendent of Mines. (L.N. 29 of 1969)
(2) Every report made under this regulation shall be in writing, and in addition to any report required under
regulation 17, and shall include particulars of the time of the occurrence of the accident, any damage to any building,
machinery or plant in the industrial undertaking in which the accident occurred, and the circumstances in which the
accident occurred. (L.N. 29 of 1969)
Regulation: 19

30/06/1997

Application of regulations 17 and 18

The provisions of regulations 17 and 18 shall not be applicable in the case of any accident which is required to
be reported under the provisions of section 47 of the Mining Ordinance (Cap 285).
(L.N. 7 of 1975)
Regulation: 20

Power to take samples

32 of 2000

09/06/2000

(1) An occupational safety officer may at any time after informing the proprietor or, if the proprietor is not
readily available, a foreman or other responsible person in the industrial undertaking, take for analysis sufficient
samples of any material in use or mixed for use in a dangerous trade or scheduled trade, or of any substance used or
intended to be used in an industrial undertaking being a substance which he thinks may prove on analysis to be likely
to cause bodily injury to the person employed. (32 of 2000 s. 48)
(2) The proprietor or the foreman or other responsible person aforesaid may, at the time when a sample is taken
under this regulation, and on providing the necessary appliances, require the occupational safety officer to divide the
sample into 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and- (32 of 2000 s.
48)
(a) to deliver one part to the proprietor, or the foreman or other responsible person aforesaid;
(b) to retain one part for future comparison; and
(c) to submit one part to the Government Chemist for analysis.
(3) A certificate purporting to be a certificate by the Government Chemist as to the result to an analysis of a
sample under this regulation shall in any proceedings under the Ordinance be admissible as evidence of the matters
stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
(4) No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under the
Ordinance, publish or disclose to any person the results of an analysis made under this regulation.
Regulation: 21

Duties of persons employed

30/06/1997

(1) No person employed in an industrial undertaking shall wilfully interfere with or misuse any means,
appliance, convenience or other thing provided in pursuance of the Ordinance for securing the health, safety or welfare
of the persons employed in the industrial undertaking, and where any means or appliance for securing health or safety
is provided for the use of any such person under the Ordinance, he shall use the means or appliance.
(2) (Repealed 71 of 1989 s. 13)
Regulation: 21A

(Repealed L.N. 239 of 1992)

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

30/06/1997

Part:

IV

30/06/1997

NOTIFIABLE WORKPLACES*

(Part IV added L.N. 157 of 1978)

__________________________________________________________
Note:
* (Amended 50 of 1985 s. 9)

Regulation: 22

30/06/1997

Application of this Part

Application

This Part (except regulation 23) shall apply to every notifiable workplace that is an industrial undertaking.
(50 of 1985 s. 9)
Regulation: 23

30/06/1997

Form of notification and prohibition notice

Notification

(50 of 1985 s. 9)
Every notification under section 9 of the Ordinance and every prohibition notice under section 9A of the
Ordinance shall be in such form as the Commissioner for Labour may from time to time approve by notice in the
Gazette.
(50 of 1985 s. 9)
Regulation: 24

30/06/1997

Fencing of dangerous platforms, liquids, etc.

Prevention of Accidents

In every notifiable workplace- (50 of 1985 s. 9)

(a) all platforms, pits and openings in floors and every other place liable to be dangerous to persons; and
(b) all vessels containing any scalding, corrosive or poisonous liquid,
shall be securely fenced to a height of not less than 900 millimetres or otherwise protected to the satisfaction of the
Commissioner. (L.N. 238 of 1984)
Regulation: 25

Cleaning of dangerous machinery by young persons

32 of 2000

09/06/2000

(1) No young person shall be permitted to clean any dangerous part of the machinery in a notifiable workplace
while the machinery is in motion by the aid of any mechanical power. For the purpose of this paragraph, such parts of
the machinery shall be presumed to be dangerous as are notified by an occupational safety officer to the proprietor of
the notifiable workplace. (50 of 1985 s. 9; 32 of 2000 s. 48)
(2) No young person shall be permitted to clean any mill-gearing while such mill-gearing is in motion for the
purpose of propelling any part of the machinery in a notifiable workplace.
(L.N. 302 of 1996)
Regulation: 26

(Repealed L.N. 214 of 1981)

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Regulation: 27

(Repealed L.N. 214 of 1981)

30/06/1997

Regulation: 28

(Repealed L.N. 214 of 1981)

30/06/1997

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

Regulation: 29

(Repealed L.N. 214 of 1981)

30/06/1997

Regulation: 30

(Repealed L.N. 214 of 1981)

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Regulation: 31

(Repealed L.N. 214 of 1981)

30/06/1997

Regulation: 32

Cleanliness

32 of 2000

09/06/2000

Hygiene
(1) Every notifiable workplace shall be kept in a clean state, and free from effluvia arising from any drain,
sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provisions(a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floor and
benches of workrooms and from the staircases and passages;
(b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is
effective and suitable, by sweeping or other method; and
(c) all inside walls and partitions, and all ceilings or tops of rooms shall be limewashed at least once in
every year or, if they have been oil-painted or varnished, they shall be washed with hot water and soap
at least once in every period of 14 months and repainted or varnished at least once in every period of
42 months.
(2) The proprietor of a notifiable workplace shall maintain a record of(a) the surfaces within the notifiable workplace which have been limewashed in accordance with
paragraph (1)(c); and
(b) the painted and varnished surfaces within the notifiable workplace and the parts thereof which have
been washed, or repainted or revarnished, in accordance with paragraph (1)(c); and
(c) the name and address of each person who carried out such work and the date or dates on which the
work was carried out.
(3) The proprietor of a notifiable workplace shall produce the record maintained under paragraph (2) for
inspection when required to do so by an occupational safety officer. (32 of 2000 s. 48)
(50 of 1985 s. 9)
Regulation: 33

Ventilation

30/06/1997

(1) In every notifiable workplace, effective and suitable provision shall be made for securing and maintaining
by the circulation of fresh air in each workroom or, in the case of a mine, in each shaft, the adequate ventilation of the
room or shaft, and for rendering harmless, so far as practicable, all fumes, dust and other impurities that may be
injurious to health generated in the course of any process or work carried on in the notifiable workplace.
(2) Without prejudice to the generality of paragraph (1), in every notifiable workplace in which, in connexion
with any process or work carried on, there is given off any dust or fume or other impurity of such a character and to
such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of
any kind, all practicable steps shall be taken to protect the persons employed against inhalation of the dust or fume or
other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process
makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of
the dust or fume or other impurity, so as to prevent its entering the air of any workroom. (71 of 1989 s. 13)
(50 of 1985 s. 9)
Regulation: 34

Lighting

30/06/1997

(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether
natural or artificial, in every part of a notifiable workplace in which persons are working or passing.
(2) All glazed windows and skylights used for the lighting of workrooms in any notifiable workplace shall, so

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction: (71 of 1989 s. 13)
Provided that any such window or skylight may be white-washed or shaded for the purpose of mitigating heat or
glare.
(50 of 1985 s. 9)
Regulation: 35

Drainage of floors

30/06/1997

(1) Where, in any notifiable workplace, any process or work is carried on which renders the floor liable to be
wet to such extent that the moisture is capable of being removed by drainage, effective means shall be provided and
maintained for draining off the moisture. (50 of 1985 s. 9)
(2) Any means for draining which does not comply with the provisions of the Buildings Ordinance (Cap 123)
shall be deemed not to be effective for the purpose of this regulation.
Regulation: 36

Overcrowding

30/06/1997

(1) A notifiable workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury to
the health of the persons employed therein.
(2) Without prejudice to the generality of paragraph (1), a notifiable workplace shall be deemed to be so
overcrowded as aforesaid, if the number of persons employed at a time in any workroom is such that the amount of
cubic space allowed for every person employed in the room is less than 7 cubic metres. (L.N. 238 of 1984)
(3) In every room in every notifiable workplace a notice shall be posted specifying the number of persons who,
having regard to the provisions of this regulation, may be employed in the room.
(50 of 1985 s. 9)
Regulation: 37

Sanitary conveniences, etc.

30/06/1997

(1) Every notifiable workplace shall be provided with sufficient and suitable latrine and washing conveniences
on the premises and, where persons of both sexes are or are intended to be employed such conveniences shall afford
proper separate accommodation for persons of each sex. (50 of 1985 s. 9)
(2) Any latrine or washing convenience which does not comply with the provisions of the Buildings Ordinance
(Cap 123) shall be deemed not to be sufficient and suitable for the purpose of this regulation.
Regulation: 38

Supply of drinking water

30/06/1997

In every notifiable workplace an adequate supply of drinking water either from a public main or from a source
approved in writing by a health officer shall be provided and maintained at suitable points conveniently accessible to
all persons employed.
(50 of 1985 s. 9)
Regulation: 39

Repair, maintenance and safety

30/06/1997

(1) All the floors, walls, ceilings, windows and skylights of a notifiable workplace shall be maintained in a
good state of repair and free from spalls.
(2) The surface of all the floors of a notifiable workplace shall be rendered and maintained in an even and nonslippery condition and the floors shall be kept free from any obstruction or hazard which might cause a person to fall
down or stumble by tripping or otherwise.
(3) In a notifiable workplace all goods and materials shall be stored, stacked or otherwise arranged in such a
manner that no danger is caused to any person.
(50 of 1985 s. 9)
Part:

(Repealed L.N. 157 of 1978 )

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

30/06/1997

Part:

VI

OFFENCES AND PENALTIES

30/06/1997

Regulation: 43

(Repealed 11 of 1980 s. 6)

30/06/1997

Regulation: 44

Penalty for contravention of regulation 16F(2), 20(4) or 21

30/06/1997

Any person who(a) contravenes any of the provisions of regulation 16F(2), 20(4) or 21, (L.N. 239 of 1992)
(b) (Repealed L.N. 214 of 1981)
shall be guilty of an offence and shall be liable to a fine of $10000.
(G.N.A. 71 of 1958; L.N. 132 of 1969; L.N. 157 of 1978; L.N. 114 of 1981; L.N. 149 of 1982)
Regulation: 45

Penalty for contravention of regulation 16C(1), 16C(2), 24,

25, 33 or 36(1)

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,(a) (Repealed L.N. 214 of 1981)
(b) in which any person is permitted to do anything in contravention of any of the provisions of regulation
16C(1), 16C(2), or 25; or
(c) in respect of which any of the provisions of regulation 24, 33 or 36(1) are contravened,
shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 189 of 1967; L.N. 132 of 1969; L.N. 221 of 1973; L.N. 157 of
1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; 50 of 1985 s. 9)
(2) A person guilty of an offence under paragraph (1) shall(a) in respect of a contravention of regulation 24, be liable to a fine of $200000 and to imprisonment for
12 months where the offence was committed without reasonable excuse, and to a fine of $200000 in
any other case; (71 of 1989 s. 13)
(b) in respect of a contravention of regulation 25, be liable to a fine of $50000; (L.N. 214 of 1981)
(c) in respect of a contravention of regulation 16C(1) or 16C(2), be liable to a fine of $50000;
(d) in respect of a contravention of regulation 33 or 36(1), be liable to a fine of $50000. (L.N. 114 of
1981; L.N. 11 of 1994)
Regulation: 46

Penalty for contravention of regulation 16B, 34, 37(1), 38

or 39

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,(a) who contravenes any of the provisions of regulation 16B; or (L.N. 239 of 1992)
(b) in respect of which any of the provisions of regulation 34, 37(1), 38 or 39 are contravened,
shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 87 of 1968; L.N. 132 of 1969; L.N. 150 of 1973; L.N. 26 of
1976; L.N. 157 of 1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; L.N. 149 of 1982; 50 of 1985 s. 9; L.N.
239 of 1992)
(2) A person guilty of an offence under paragraph (1) shall(a) (Repealed L.N. 214 of 1981)
(b) in respect of a contravention of regulation 16B, 37(1) or 38, be liable to a fine of $10000; and (L.N.
114 of 1981; L.N. 149 of 1982; L.N. 239 of 1992; L.N. 11 of 1994)
(c) in respect of a contravention of regulation 34 or 39, be liable to a fine of $50000. (L.N. 11 of 1994)
Regulation: 47

Penalty for contravention of regulation 17, 18, 32, 35(1) or

36(3)

30/06/1997

(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,(a) (Repealed 11 of 1980 s. 6)
(b) in respect of which any of the provisions of regulation 32, 35(1) or 36(3) are contravened; or

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

(c) who, without reasonable excuse, fails to make any report required by regulation 17 or 18, or who
makes such a report which he knows to be false in any material particular,
shall be guilty of an offence. (L.N. 7 of 1975)
(2) A person guilty of an offence under paragraph (1) shall(a) in respect of a contravention of regulation 32 or 35(1), be liable to a fine of $50000; (L.N. 11 of 1994)
(b) in respect of a contravention of regulation 36(3), be liable to a fine of $10000; (L.N. 11 of 1994)
(c) in respect of a failure to report or a making of a false report referred to in paragraph (1)(c), be liable to
a fine of $50000. (L.N. 114 of 1981; L.N. 11 of 1994)
(G.N.A. 71 of 1958; L.N. 157 of 1978; L.N. 114 of 1981; 50 of 1985 s. 9)
Regulation: 48

30/06/1997

Liability of proprietors

Notwithstanding anything contained in section 13 of the Ordinance, the proprietor of an industrial undertaking in
or in respect of which an offence against regulation 20(4) or 21 is committed shall not be guilty of a like offence.
(G.N.A. 71 of 1958)
Schedule:

30/06/1997

DANGEROUS OCCURRENCES

[regulation 2]
(L.N. 132 of 1969)
1.

Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist or other appliance (but not including a builder's lift or tower
working platform to which the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470) applies)
used in raising or lowering persons or goods or any part thereof (except the breakage of chain or rope slings), or the
overturning of a crane. (L.N. 548 of 1995)
3. Explosion or fire causing damage to the structure of any room or place in which persons are employed, or to any
machine or plant contained therein and resulting in the complete suspension of ordinary work in such room or place.
4. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire or
causing structural damage thereto, and involving its stoppage or disuse.
5. Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any
gas or gases (including air) or any liquid or solid resulting from the compression of gas.
6. Collapse in whole or part from any cause whatsoever of any roof, wall, floor, structure or foundation forming
part of the premises of an industrial undertaking in which persons are employed.
7.

Total or partial collapse of any overburden, face, tip or embankment in a quarry. (L.N. 29 of 1969)

8. Overturning of, or collision with any object by, any bulldozer, dumper, excavator, grader, lorry or shovel loader,
or any mobile machine used for the handling of any substance in a quarry.
Schedule:

30/06/1997
FORM 1

[regulation 16B]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

REGISTER OF PERSONS EMPLOYED TO WORK UNDERGROUND
IN INDUSTRIAL UNDERTAKINGS
_______________________________________________________________________
Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

10

1.

Name of industrial undertaking: ...............................................................................

2.

Full name of person employed to work underground:

....................................................................................
....................................................................................

3.

Residential address: ...................................................

....................................................................................

4.

Identity Card No.: ........................................................

5.

Date of birth: ................................................................

6.

Date on which worker first commenced to work underground in

the : ......................................................
....................................................................................

7.

Dates of medical examinations undergone by worker in accordance with

regulation 16C(3):
(a) ............................................................................
(b) .............................................................................
(c) .............................................................................

(Full face
photograph of
worker).

___________
FORM 2

[regulation 16C(3)]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

MEDICAL EXAMINATION REPORT
Part I. (To be completed in duplicate by the proprietor of the industrial undertaking).
To: .....................................................................................................................
(name of medical practitioner by whom examination is to be carried out)
1. I, ..............................................................................................................................
(full name of proprietor)
.................................................................................................................................
(residential address of proprietor)
the proprietor of .........................................................................................................
(name of industrial undertaking)
situated at .................................................................................................................
(address of industrial undertaking)
request you to examine ..............................................................................................
(full name of Employee/proposed Employee*)
in accordance with regulation 16C(3) of the Factories and Industrial Undertakings Regulations.
2. This Employee/proposed Employee* is/will be* employed to work underground as a ...........
.................................................................................................................................
(specify nature of Employee's/proposed Employee's* occupation)

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

11

and first commenced/will commence* such work on ...................................................

........................................................
(specify date or proposed date)
Date: .......................................
Signature of proprietor: ..............................................................................................
Part II. (To be completed in duplicate by the Employee or proposed Employee).
A
B.

C.

Full Name of Employee/proposed Employee* .......................................................

Date of Birth ..................................................................
Residential Address ..........................................................
History of Past Illnesses.
(a) Is there a history of pulmonary tuberculoses? ...............
If so give details ........................................................
..................................................................................
..................................................................................
(b) Is
there
a
history
of
other
chronic
respiratory
disease? ..................................................................................
...................................................................................
...................................................................................

(Full face
photograph of
person examined).
(c)
Is there a history of heart disease, diabetes mellitus or any other serious or prolonged
disease? .......................................................................................
....................................................................................................................
Present Complaints (if any).
............................................................................................................................
I declare that to the best of my knowledge the answers given above are accurate.
Date: .......................................................
Signature of Employee/proposed Employee*:..........................................................

Part III. (To be completed in duplicate by examining medical practitioner).

A

B.

General Nutrition .................................................................................................

Weight .......................... kg
Height .............................. mm
Eyes: Visual acuity R. .................... L. ..................... Ears ..................................
Cardiovascular System Pulse rate ......................................... B.P. .......................
............................................................................................................................
............................................................................................................................
Abdomen ...........................................................................................................
Hernias ........................................................................................................
Genito-urinary System ........................................................................................
Urine ..................... Sp.G .................... Alb. ................. Sugar .....................
Skeletal System ..................................................................................................
Upper limbs ..................................................................................................
Lower limbs .................................................................................................
Nervous System ...........................................................................................
.....................................................................................................................
Chest X-ray Examination (date ...........................................)
Dr. ..................................................................................................... reports as

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

12

(medical practitioner by whom X-ray examination is made)

follows: .............................................................................................................
...............................................................................................................
...............................................................................................................
C.

I have examined the above named .......................................................................

(full name)
in accordance with this report, and consider that he is fit/unfit* to work underground in an industrial
undertaking to which Part IIA of the Factories and Industrial Undertakings Regulations applies.
Date: ........................................................
Signature of Examining Medical Practitioner: ........................................................
Name of Examining Medical Practitioner: .............................................................
(block capitals)
Address: .............................................................................................................
.............................................................................................................
Telephone Number: .............................................................................................

Notes: (a) One copy of this completed form should be sent by the examining medical practitioner under confidential
cover to the senior occupational health officer, Occupational Health Division, Labour Department. The
other copy is to be retained by the examining medical partitioner.
(b) * Delete whichever is inapplicable.
(L.N. 248 of 1982; L.N. 238 of 1984)
__________
FORM 3

[regulation 16C(4)]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

CERTIFICATE AS TO FITNESS OF EMPLOYEE/PROPOSED
EMPLOYEE*
To:

................................................................................................................................
(proprietor of industrial undertaking)

................................................................................................................................
(address of industrial undertaking)
I hereby certify that Mr. ...........................................................................................
(full name)
of ..................................................................................................................................
(residential address)
has been examined medically in accordance with regulation 16C(3) of the Factories and Industrial Undertakings
Regulations and is fit/unfit* to work underground in an industrial undertaking to which Part IIA of the regulations
applies.
Date of issue: ..........................................................................................................
Signed: ....................................................................................................................
(senior occupational health officer)
Note:

* Delete whichever is inapplicable.

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

13

(L.N. 132 of 1969; L.N. 248 of 1982)

Schedule:

(Repealed L.N. 239 of 1992)

Cap 59A - FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

30/06/1997

14