Frequently Asked Questions on Occupational Safety and Health
Legislation

Q1. What are the legislation on occupational safety and health administered by the Labour Department?Answer  
Q2. Where can I find contents of the Occupational Safety and Health  Ordinance, the Factories and Industrial Undertakings Ordinance and their subsidiary regulations?Answer
Q3. What is "construction work"? Answer
Q4. What is "loadshifting machine"?Answer

 
Content
 
Q1. What are the legislation on occupational safety and health administered by the Labour Department?
A1.

The Factories and Industrial Undertakings Ordinance (Chapter 59), the Occupational Safety and Health Ordinance (Chapter 509) and the Boilers and Pressure Vessels Ordinance (Chapter 56) are the main legislation on occupational safety and health administered by the Labour Department. Requirements for ensuring the safety and health of employees at work are laid down in the ordinances and their subsidiary regulations.

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Q2. Where can I find contents of the Occupational Safety and Health  Ordinance, the Factories and Industrial Undertakings Ordinance and their subsidiary regulations?
A2.

You can browse the website at https://www.elegislation.gov.hk/ for contents of the  Occupational Safety and Health Ordinance, Chapter 509, the Factories and Industrial Undertakings Ordinance, Chapter 59 and their subsidiary regulations.

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Q3. What is "construction work"?
A3.

"Construction work" means

  1. the construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external cleaning), renewal, removal, alteration, improvement, dismantling, or demolition of any "specified structure or works";
  2. any work involved in preparing for any operation referred to in paragraph (a), including the laying of foundations and the excavation of earth and rock prior to the laying of foundations;
  3. the use of machinery, plant, tools, gear, and materials in connexion with any operation referred to in paragraph (a) or (b)."Specified structures or works" are:
    1. Any building, edifice, wall, fence, or chimney, whether constructed wholly or partly above or below ground level.
    2. Any road, motorway, railway, tramway, cableway, aerial ropeway or canal.
    3. Any harbour works, dock, pier, sea defence work, or lighthouse.
    4. Any aqueduct, viaduct, bridge, or tunnel.
    5. Any sewer, sewage disposal works, or filter bed.
    6. Any airport or works connected with air navigation.
    7. Any dam, reservoir, well, pipeline, culvert, shaft, or reclamation.
    8. Any drainage, irrigation, or river control work.
    9. Any water, electrical, gas, telephonic, telegraphic, radio, or television installation or works, or any other works designed for the manufacturing or transmission of power or the transmission or reception of radio or sound waves.
    10. Any structure designed for the support of machinery, plant, or power transmission lines.
Q4. What is "loadshifting machine"?
A4.

"Loadshifting machine" means a power-operated mobile machine of a type specified below used in industrial undertakings or construction sites, AND which is operated by a person riding on the machine.

In industrial undertakings (including construction sites) -

  1. fork-lift truck.

On construction sites

  1. bulldozer
  2. loader
  3. excavator
  4. truck
  5. lorry
  6. compactor
  7. dumper
  8. grader
  9. locomotive and
  10. scraper.

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