Speech by the Commissioner for Labour, Mr Matthew Cheung Kin-chung, at the Safety and Health Expo.

Following is a speech by the Commissioner for Labour, Mr Matthew Cheung Kin-chung, at the Safety and Health Expo on March 21, 2000 (Tuesday) entitling "Managing Occupational Safety and Health in Vibrant Hong Kong :The Quiet Revolution":

Dr. Ng, fellow keynote speakers, distinguished guests, Ladies and Gentlemen :

Introduction

2. Good Morning. I feel privileged indeed to be invited to deliver the first keynote speech at the beginning of the Safety and Health Expo. As a co-organizer of this event, let me also welcome you to this vibrant city of Hong Kong, and to this international forum on occupational safety and health. I am delighted to join so many distinguished overseas speakers and veteran safety and health professionals on stage to share with them our experience in managing occupational safety and health and to introduce to you the quiet revolution that is taking place in Hong Kong.

Hong Kong – A World-class City

3. As in many cities around the world, Hong Kong is going through a period of change, at a pace never seen before. Like our neighbouring economies, we were hard hit by the Asian financial turmoil in the last two years. However, we are now clearly and solidly on the road to recovery. The Chief Executive of the Hong Kong Special Administrative Region (HKSAR), Mr Tung Chee Hwa, spelled out a clear positioning for Hong Kong in the 21st century in his 1998 policy address. Let me quote, "I believe that Hong Kong … has the potential to become, not only a major city within one country, but the most cosmopolitan city in Asia, enjoying a status comparable to that of New York in America and London in Europe". Like New York and London, Hong Kong is a vibrant economy, an international financial centre and a popular tourist destination. It is the top container port in the world and holds leading positions in trade and transportation, while being home to many multi-national enterprises. Hong Kong is a world-class city, well known for its completely open market, free competition and entrepreneurship. Despite the pain and suffering brought about by the recent financial turmoil, our solid economic foundation has made it possible for our citizens, justifiably so, to expect and enjoy a relatively good quality of life.

4. Hong Kong has a population of 6.97 million and a workforce of about 3.4 million. Increasing affluence, rising educational standards and aspiration, greater awareness in labour rights plus the desire to pursue a better quality life have contributed to the growing concern for the importance of occupational safety and health -- an area I must admit that does not compare very favourably with other cities at comparable stages of development. How to protect and enhance the safety and health at work of the 3.4 million workforce is a prime task of the Labour Department of the HKSAR. How does the Labour Department position itself in fulfilling this role in face of the many challenges and constraints?

Overall OSH Performance in Hong Kong

5. Let me first set the scene by mentioning briefly our performance in occupational safety and health. In 1998, there were 63,526 occupational injuries, 43,034 of which were industrial accidents. The annual accident rate for the industrial sector was 64.7 per thousand workers. For the non-industrial sector, the rate was 12 injuries per thousand workers in a year. The figures for 1999 have yet to be finalised. Nevertheless, we note that the number of occupational injuries and accident rate in the first three quarters of 1999 have declined by 10 percent and 11 percent respectively, compared with the figures of the corresponding period in 1998. The number of industrial accidents has also decreased by 19 percent and the accident rate 17 percent. More remarkably, the number of accidents and accident rate in the construction industry have recorded a sharp reduction of 30 percent and 19 percent respectively. The accident rate per thousand workers also fell from 252.5 to 203.9.

6. Although there has been improvement in our safety performance, we are not complacent and will certainly not relax our efforts in promoting occupational safety and health in Hong Kong. If anything, we will continue to step up our efforts to bring the accident toll down to a minimum.

Work of the Labour Department

7. What then has brought us to our present state of play in managing our OSH? Although the first traceable labour legislation is the Employment of Children Ordinance enacted in 1922, long before I, and you, were born, a more realistic milestone in workplace safety protection should be the enactment of the Factories and Industrial Undertakings Ordinance in 1955 which is really the starting point in our long battle against accidents and ill health at work.

Factory Inspectorate

8. The body responsible for enforcing this piece of legislation and overseeing the formulation of industrial safety policies and strategies is the Factory Inspectorate established in the Labour Department in 1964. During the first decade or so, the work of the Inspectorate was confined to checking simple "hardware" for accident prevention – such as machinery guarding, provision of fire-fighting equipment, etc. Actions were purely reactive and strictly enforcement in nature.

9. Later, as Hong Kong became more industrialized, safety performance at work was given increasing attention, especially in the construction industry. More manpower resources and efforts were deployed to industrial safety and accident prevention. As in other developed countries, the importance of the "software" aspect of accident prevention such as safe system of work, instruction, training, supervision, programme for changing the attitude of the shop floor on industrial safety, and ways and means for promoting safety awareness of the workers, was gradually recognized. Promotion and education were considered to be an important supplement to enforcement and prosecution. In addition to providing safety training to the industry through the Industrial Safety Training Centre, Factory Inspectors began to encourage large industrial establishments and construction companies to formulate safety policies, develop safe systems of work and set up safety committees to tackle safety problems and organize in-plant promotion programmes.

General Duties Provisions

10. In 1989, the Factories and Industrial Undertakings Ordinance was amended to incorporate the “general duties” provisions which lay down a broad framework for the industry to practise self-regulation in a partnership between employers and employees to make their workplaces safe and healthy for all to work. This is the first initiative with legal backing towards the long-term goal of self-regulation.

Industrial Safety Review

11. In 1995, the Government conducted a comprehensive review of industrial safety. This review took the self-regulation concept further and re-affirmed the basic principle that the primary responsibility for safety and health at work rests with those who create the risks and those who work with such risks, i.e. the proprietors and workers. The review has profound implications for the subsequent development of Hong Kong's safety strategy and the way we operate today. Following the review, we have moved gradually from an enforcement approach to a safety management approach in tackling workplace safety and health. In line with this, we have launched an Occupational Safety Charter and introduced the Factories and Industrial Undertakings (Safety Management) Regulation, to which I shall return later in my presentation. Also following the review, we have introduced suspension and improvement notices to enhance the Labour Department's power to compel the more restive proprietors and contractors to embrace self-regulation and safety management.

Occupational Safety & Health Branch

12. To strengthen the diversified functions in safety policy, enforcement, promotion, training and publicity programmes, an Occupational Safety and Health Branch was set up in the Labour Department in 1996. The Branch is made up of an Occupational Health Service and an Occupational Safety Service which replaced the Factory Inspectorate. This new structure, with full support by occupational health practitioners, nurses, occupational hygienists and occupational safety professionals, is well poised to implement the policy to extend the protection of work safety and health to the non-industrial sectors. This protection obtained its full backing with the enactment of the Occupational Safety and Health Ordinance in 1997, another significant milestone in our protection of our workers at work. Let us look in greater detail at some of the new initiatives after the new Branch and the new legislation came into being.

Occupational Safety Charter

13. With a view to nurturing a positive safety culture in the community, we launched an "Occupational Safety Charter Programme" in September 1996 to unite the Government, employers and employees in the pursuit of a safe work environment by setting out in a clear statement their respective safety roles, rights and responsibilities.

14. The Charter highlights safety as a "Shared Responsibility" among employers, employees and the Government, and provides a safety management framework for employers and employees to work together to improve work safety.

15. The Charter itself is not a legal document but signing it signifies a commitment by both employers and employees to work together for a safe and healthy workplace. The programme has proved very successful. So far, over three hundred organisations have already subscribed to the Charter.

Occupational Health Clinic and Occupational Safety & Health Centre

16. In 1993, we set up our first Occupational Health Clinic to enhance the health of the working population through prevention, diagnosis and treatment of work-related diseases, and occupational health counselling. To meet the growing demand for such services, a second occupational health clinic was opened in 1999. At the same time, a new Occupational Safety and Health Centre was also set up to provide employers and employees with information and advice on occupational safety and health through counter service, audio-visual shows, safety talks, exhibits and interactive multi-media kiosks. Workers can also obtain initial health screening services. This centre can serve 30,000 clients a year.

Focused Enforcement

17. We have further refined the established policy of focusing our enforcement actions on poor performers by targeting specific companies and enterprises which have consistently shown little improvement in their accident record. These performers who contribute to some 40% of our occupational injuries will be kept under close surveillance. Initially we shall advise their senior management on the safety problems and poor safety performance so as to urge for improvement. If their accident records fail to show any visible improvement, we will take vigorous blitz actions against all outlets and sites under their direct control in the territory. If they happen to be contractors, we will keep the Works Bureau and the Housing Authority which commission nearly all the public works and housing projects informed of the changes to site safety performance so that they can take appropriate actions in their tender assessment.

Promotion Strategy

18. This year, we have adopted a strategy which focuses on encouraging good housekeeping practices and proper use of personal protective equipment.

Good Housekeeping

19. An analysis of the accident statistics in recent years reveals that over 70% of the accidents that occurred in the construction industry and about 35% in the catering industry were caused by poor housekeeping. We believe that most of these accidents could have been prevented had more attention been given to housekeeping in the workplace.

20. Two territory-wide safety campaigns, one for the construction industry and the other for the catering industry, were launched in the last 12 months to promote good housekeeping. These campaigns were heralded by a launching ceremony, followed by on-site assessments of housekeeping practices in construction sites and catering establishments. Awards were presented to the good performers.

Personal Protective Equipment

21. Proper use of personal protective equipment (PPE) is a good housekeeping practice and has been promoted during the PPE publicity campaign. The climax of this promotion progamme is the trade fair being held here at the Convention Hall of this centre. It will provide employers and employees with an opportunity to learn more, try out and generally appreciate the applications of a wide spectrum of PPE in one single event. I hope you can spare some time and have a look at all those exhibits. Our focus this year will be the protective gear for eyes, hands and the respiratory system.

Safety Icon

22. The Labour Department has, in collaboration with the Occupational Safety and Health Council, launched a Safety Icon for the purpose of reinforcing the community's awareness of safety and health at work. The symbol represents people from all walks of life and serves as a constant reminder that people should always work with safety in mind.

Integrated Service Approach

23. To enable the department to offer a "one-stop" service to our clients, we have adopted the integrated service approach. A special integrated service (IS) division has recently been formed within the Department. The division consists of six multi-disciplinary inspection teams and each team comprises a doctor or nurse, an occupational hygienist and one or two occupational safety officers. On a need basis, these teams can also call upon other professional officers, such as engineers and chemist for assistance. Each team is in a position to offer "one-stop" multi-disciplinary service to target customers.

24. The main objective of the integrated service approach is to assess the effectiveness of the safety management system of target establishments, which are often complex and large organizations such as hospitals and universities, and large infrastructure projects such as railway/tunnel constructions. The approach has been extremely successful so far and many establishments are seeking the teams' services.

Mandatory Safety Training

25. I am sure you all agree that basic induction safety training for workers helps to enhance safety awareness at work and consequently reduce accidents at the workplace. In 1999, the Government introduced mandatory basic safety induction training to two industries; namely the construction industry and the container handling industry. The Legislative Council passed this legislation in July 1999.

26. The training course structure has to be approved by the Labour Department. Only approved training providers are authorized to conduct the training and issue a relevant certificate to successful trainees. Certificates, with a photograph of the holder, will be issued and will be valid for three years. Workers in these industries are required to attend a refresher training to revalidate their certificates every three years. To date, about 170,000 persons, mainly construction workers, have attended the training and acquired the certificate..

Safety Management Regulation

27. On 24 November 1999, the Legislative Council approved the Factories and Industrial Undertakings (Safety Management) Regulation, the objective of which is to advocate the use of a system approach to manage safety and health at the workplace.

28. Under the Regulation, proprietors in certain high-risk industries who employ 50 workers or more, and contractors in the construction industry where the contract value of a construction project has a value of $100 million or more, are required to adopt a safety management system of varying complexity. Such contractors in the construction industry are also required to engage the service of a registered safety auditor to conduct regular safety audits to ensure that their safety management system is implemented effectively and efficiently. Proprietors in the high-risk industries are required to do the same if they employ 100 or more workers.

29. Safety auditors, whose qualification requirements are spelt out in the Regulation, are required to prepare and submit an audit report to the employer in relation to the safety management system at the workplace. Employers are expected to act on such reports to improve on their safety management system.

Quiet Revolution

30. Hong Kong has been undergoing a quiet revolution on the occupational and safety health front. For many years, we focused our efforts on improving the work safety of workers in the industrial sector only, while paying little attention to "white collar" workers who constituted increasingly the bulk of our workforce. An important turning point was made in 1997 when the new Occupational Safety and Health Ordinance extended the coverage of safety legislation from the industrial sector to almost all workplaces, industrial and non-industrial. The Occupational Safety and Health Regulation made under it introduced the concept of risk assessment and planted the seed of a new safety culture. Whilst currently following the stick and carrot formula, new legislation to make way for the safety management approach has recently been put in place and will take effect in late 2000. From a passive attitude towards accident prevention, Hong Kong is heading towards a proactive approach through risk assessment and hazard management. These will enable decision-makers to properly prioritize their resources.

31. With the gradual transition from a prescriptive to self-regulatory approach, my Department's occupational safety officers are no longer just law enforcers. They are also strategists, trainers, consultants and salesmen. We are confident that Hong Kong will not merely be moving ahead with the times, but will also enhance its overall occupational safety performance.

32. Safety goes hand in hand with health. Occupational health is gaining attention in this vibrant society. The Labour Department continues to assist employers in developing and implementing an effective safety and health programme.

Findings

33. There are encouraging signs that Hong Kong's occupational safety and health record is improving. However, much still remains to be done, especially in the high-risk and accident-prone sectors like construction and catering. The Government has been stepping up its efforts on all fronts to improve the situation. In the final analysis, this calls for the concerted action of all the social partners – the employers, employees, safety professionals and Government.

Conclusion

34. It is vitally important to make people aware of the importance of safety and health in achieving sustainable socio-economic growth. Successful safety and health programmes pay handsome dividends : they can prevent injuries and diseases, reduce costs and raise productivity. Good health is good business. This is an immense challenge for the Labour Department in the new millennium, but I am sure that through collective community effort and strong partnership among employers, employees and the Government, we shall be able to achieve this quiet revolution and put this new safety culture firmly in place.

35. Thank you.