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Safety hints about implementation of comprehensive smoking ban on construction sites

The following legislative amendments on prohibition of smoking on construction sites took effect on 17 July 2026, imposing clear legal obligations on duty-holders with a view to reducing fire risks and safeguarding the safety of workers and the public:

(i) The Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 designates construction sites as no smoking areas (NSAs) which applies to all types of construction sites, including building repair, maintenance or renewal work sites, except occupied domestic premises1 and occupied private quarters2.
(ii) The Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 specifies Occupational Safety Officers (OSOs) of the Labour Department to carry out enforcement work related to smoking offences on construction sites under the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600). OSOs will immediately issue a fixed penalty notice without prior warning to any person who does a smoking act3 on a construction site. Offenders are liable to a fixed fine of $3,000.
(iii) The Construction Sites (Safety) (Amendment) Regulation 2026 requires that the contractor responsible for a construction site and contractors who have direct control over any construction work in the site must take all reasonable steps to ensure that no person
        (a) smokes or carries a lighted specified smoking product4; and
        (b) uses a naked light for lighting a specified smoking product in the construction site.
Otherwise, those violating the amended provisions of the Construction Sites (Safety) Regulation (Cap. 59I) are liable on conviction to a maximum fine of $400,000.

Contractors should refer to the following guiding advice, which is non-exhaustive, when taking all “reasonable steps” to ensure no person smoking / carrying a lighted specified smoking product and using a naked light for lighting a specified smoking product on site.

  • Demarcate site boundaries clearly with reference to contract documents, and set up clear and conspicuous signage at site boundaries for displaying site area as well as comprehensive smoking-ban requirements; at the same time, ensure all workers fully understand smoking-ban areas and requirements on the site before they commence their work;
  • Establish comprehensive smoking-ban management procedures, allocating roles and responsibilities to site management staff at different levels in respect of prohibiting smoking, which should include exercising the power of manager of NSA under section 3(3) of the Smoking (Public Health) Ordinance;
  • Formulate specific implementation arrangements, e.g. adopting Smart Site Management Systems and artificial intelligence (AI) technology to implement smart site management for smoking ban, and installing CCTV surveillance to strengthen inspection of smoking black spots;
  • Provide designated storage of the specified smoking products, e.g. cigarette, cigar and pipe, at site entrances;
  • Conduct checks at site entrances by designated personnel (e.g. security personnel) or CCTV to screen out persons who are smoking or carrying a lighted specified smoking product when entering the site;
  • Eliminate all on-site ashtrays;
  • Display notices and signage in adequate languages about no smoking on site / not carrying a lighted specified smoking product on site / not using a naked light, e.g. a lighter or match, for lighting a specified smoking product on site;
  • Provide training and supervision to ensure the compliance;
  • Reiterate the prohibition of smoking during daily briefings or toolbox talks;
  • Implement penalisation systems for workers found smoking; and
  • Maintain documents about the smoking-ban management procedures as well as the records related to the implementation for checking by Occupational Safety Officers of LD.

Nevertheless, contractors shall conduct a comprehensive review of the specific circumstances of their construction sites in accordance with the guiding advice on reasonable steps and implement all reasonable smoking-ban measures on the site.

Furthermore, if contractors found any person doing a smoking act on their construction sites, they should exercise the powers conferred on managers5 (as defined by section 2 of the Smoking (Public Health) Ordinance (Cap. 371)) to require the person to cease smoking; to give his name, address and to produce proof of identity; and to leave the NSA where necessary. Contractors might also report the matter to the relevant authorities.

For details on the legislation in relation to the above three pieces of legislative amendment, please refer to the website of Hong Kong e-Legislation (https://www.elegislation.gov.hk).

Construction Sites (Safety) Regulations Smoking (Public Health) Ordinance Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) Notice

Notes：

1. Occupied domestic premises means any domestic premises that are being occupied by their residents for residential purposes.

2. Occupied private quarters means any Type 1 private quarters or Type 2 private quarters (as defined in Part 3 of Schedule 2 to the Smoking (Public Health) Ordinance (Cap. 371)), that are being occupied by their residents for residential purposes.

3. Under the interpretation from the Smoking (Public Health) Ordinance (Cap. 371), smoking act means smoking or carrying
    (a) a lighted cigarette, cigar or pipe; or
    (b) an activated alternative smoking product.

4. Specified smoking product means a smoking product that can be smoked by lighting the product. Smoking product has the meaning given by section 2(1) of the Smoking (Public Health) Ordinance (Cap. 371).

5. For details of the alternative smoking product and manager, please refer to the website of Tobacco and Alcohol Control Office of the Department of Health (https://www.taco.gov.hk/t/english/index.html).