18
J
19
Explanatory Note.
(Than Nota ie not part of the regulations, but in intended to indicate their general purport.)
These regulations are made under the recently enacted Factories and Industrial Undertakings Ordinance, 1955, and replace the existing Factories and Workshops Regulations. In effect, all the provisions of the existing regulations are retained although, in certain instances, variod or amplified. In addition, these regulations contain certain new provisions which are inserted either to meet Hong Kong's obligations under the In- ternational Labour Code, 1961, or because they are considered desirable In view of increased industrial activity. A comparative table is aet out In the Appendix, and the more important departures from the present regulatione are mentioned below.
Regulation 11 provides a grester measure of supervision over Accidents. A report is required in respect of accidents in respect of all industrial undertakings and not only of factories and workshops, and the time within which a report must be made in reduced from seven days to twenty-four hours in the case of a death, and to forty-eight hours in the case of a dinablement. Under regulation 12 a report is required of a dangerous occurrence (specified in the Schedule) whether or not an injury bas bean caused.
3. Regulation 14 empowers inspectors to require dangers and defecta in industriul undertakings to be remedied, and for this purpose subject to the approval of the Superintendent of Labour or a labour officer to order suspension of work. Provision is made for apocal from any exercise of this power to the Commissioner. This power, although new da regarda inspectors, is very similar to that already given to mines officers in respect of mines under the Mining Ordinance, 1954, and complies with Article 890 of the International Labour Code, 1951.
A number of new provisions have been added providing for the taking of samples (regulation 15) and the duties of persons employed in Industrial undertakings (regulation 16), and cortain requirements concern- ing hygiene in registrable workplaces (regulations 29 to 36). These pro- visions are based on similar provisions in the Factories Act, 1987. Regu- lation 15 complies with Article 889, paragraph 1(c) (iv) of the International Labour Code, 1961.
5.
Regulations 17 to 36 concem registrable workplaces in general, which include factories, mines and any premises ar place in which a dan- gerous or scheduled trade is carried on. The provisions relating to pro- vention of accidents (regulations 15 to 20) and prevention of or escape from fre (regulations 21 to 28) are therefore applicable to all mach
places and nut as at present only to factories and workshops.
APPENDIX.
Comparativa Table.
In this Table, "F.A." refers to the Factories Act, 1987, and "LL.C." refem to the International Labour Code, 1961.
New Reputationa
1
I
Factories
and Workshope Regulations
3
3 and 5
7
Remarka
New citation.
Verbal variation, and definitions rearranged in alpha- betical order,
Definition of "dangerous occurrence" added.
Omitted. Dangerous trades Are listed in the Firal Schedule of the Ordinance.
Combined in one regulation.
Verbal variation. Restriction extended to mala young persons.
Verbal variation.
6
10
Verbal variation.
7
日
10
11
14
10
B
11
Verbal variation. Restriction extended to women, and the maximum weight permitted to be carried by a young person under sixteen reduced from forty to thirty catties. Verbal variation. Power of Commissioner to authorize employment of women on shift work outside the par- mitted hours inserted in paragraph (2), and extended to young persons over sixteen.
Verbal variation. In paragraph (4) the reference to "factory-type building" is omitted as being meaningless. In paragraph (c) a provision is added that no industrial process shall be carried on in the required dining and rest rooms. The conditions of employment set out în this re- gulation are made applicable to young persons over sixteen, face new regulation 8).
Verbal variation. The words "st the place of employ- ment" are added. The form of the register to be kept la not ret out in an Appendix as at present but is to be approved by the Commissioner of Labour and published by bird in the Gazette.
Amplification. Provisions extended to all industrial undertakings. Time within which accidents have to be reported is reduced from seven days to twenty-four hours in the case of a death, and forty-eight hours in the cASE of disablement. The period of disablement after which an accident must be reported is reduced from three days to one day.
New. The dangerous occurrences required to be reported are listed in the Schedule which is modelled on the Schedule to the UK. Dangerous Occurrences (Natifles- tion) Regulations, 1947.
New. Section 49 of the Mining Ordinance, 1964, provides for the reports of accidents and dangerous occurrences in mines and these are therefore excluded.
I
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