XN000022-1996-01-10 — Page 23

10.

Other Measures

Apart from new legislation, the Labour Department is implementing administratively improvements to its enforcement actions and adjusting its role in safety training. The Factory Inspectorate Division of the Department is undergoing re- organisation to enhance its effectiveness and functioning under the new safety management approach. The manpower of the Labour Department will be increased with the creation of 66 additional posts in 1996-97 and 29 more in subsequent years to implement the proposals in the consultation paper. The total annual recurrent cost will be $36.7 million

The safety management system is a relatively new concept in Hong Kong. An ongoing and enhanced programme of education and training is therefore needed to inculcate a safety culture. Employers and workers must be convinced to support and embrace the safety management system and also trained for their new roles under it. In this respect, the Occupational Safety and Health Council will play a greatly enhanced role in the co-ordination and provision of training, education, promotion and publicity on industrial safety in future.

Codes of Practices

As regards the suggestion that the recommendations of the consultation paper should be implemented primarily by codes of practices. I must point out that a code of practice, approved or otherwise, is no more than an administrative tool for the reference by both the enforcement agents and the proprietors. It is therefore in itself not an extension of the law. Any person who has failed to observe the requirements set out in a code of practice is not held criminally liable. In other words, non- compliance can only have evidential value in certain criminal proceedings.

It is very important to distinguish the force of law and the reference value of a code of practice. There are severe drawbacks in relying simply on codes of practices to implement the recommendations in the consultation paper. Our enforcement agents will have practically no power to bring the offenders to court, irrespective of the gravity of the offence. I hope Members will appreciate that without adequate legislative sanction, the Government will not be able to impress upon the contractors and proprietors that we mean business in ensuring safety and health in the workplace.