XN000022-1995-07-19 — Page 20

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General Duties Provisions effective

The General Duties Provisions of the Factories and Industrial Undertakings Ordinance (FIUO) has once again proved to be an "effective weapon" in prosecuting construction site contractors and other industrial establishment employers for failing to take reasonably practicable measures to ensure the safety and health at work of all persons employed by them.

The Chief Factory Inspector of the Labour Department, Mr Chan Tat-king. made this comment following a recent court case in which a main contractor, a sub- contractor and its company director were fined in the Western Magistracy a total of $95,000 for breaching the General Duties Provisions.

An industrial accident occurred in the evening of April 18, 1994 at the Tung Chung section of the North Lantau Expressway under construction.

A dump lorry fell into a stream and overturned after travelling across a road junction. The driver was later certified dead at Mui Wo Hospital.

Investigations revealed that defects in the vehicle's braking system had been identified prior to the accident by two mechanics of the sub-contractor of the road work project, the Grand Base Construction Company Limited. The company's director, Li Chi-chung, being the one having the management control and responsibility for the day-to-day dump truck operation, had ignored the advice from his mechanics to have the braking defects repaired.

The main contractor of the project, China Overseas Land and Investment Limited, together with the sub-contractor and Li Chi-chung were subsequently charged by the Factory Inspectorate Division for breaching the General Duties Provisions.

The Chief Factory Inspector reminded all site contractors the need to draw up and implement a proper maintenance system for vehicles and other plants to ensure the safety of workers employed by them.

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