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proposal, the person having management or control of a notifiable
workplace is required to notify the Commissioner for Labour
before the workplace begins operation.
The definition of
"notifiable workplace" is the same as the existing definition
of "registrable workplace"
If the Commissioner for Labour considers that a
notifiable workplace cannot be operated with due regard to
health, safety and welfare standards, he may issue a notice
to prohibit its operation. The Commissioner may cancel a
prohibition notice but in doing so may give directions as to
the operation of the workplace concerned. A proprietor may
apply to the Commissioner to lift a prohibition notice. He
may also appeal to the Governor in Council against the
Commissioner's decision.
To save unnecessary paper work, it is proposed
that all workplaces which have been registered or provisionally
registered under the existing Ordinance will be deemed as
having been notified to the Commissioner for Labour. It is
further proposed that all other notifiable workplaces which
are already on the Factory Inspectorate's records before the
new Bill comes into operation will be exempted from notification
and the proprietors will be so informed individually within
six months.
The change of the term "registrable workplace"
to "notifiable workplace" will require consequential amendments
to the Federation of Hong Kong Industries Ordinance, the
Public Health and Urban Services Ordinance, and subsidiary
legislation under the Radiation Ordinance and the Factories
and Industrial Undertakings Ordinance.