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"We believe that the proposed improvement notice will be seen by all concerned as a more positive and forceful means of enforcing industrial safety than the present system of issuing offenders with advisory letters, since ignoring an advisory letter is not an offence whereas ignoring an improvement notice is.
"An improvement notice should have the effect of encouraging the proprietor or contractor to adopt a more positive attitude by taking immediate measures to improve safety at work, thereby averting prosecution," the spokesman said.
"In the interests of improved industrial safety and given that proprietors or contractors concerned are not required to do anything new, it is considered that the new legislation should come into force immediately," he added.
The proposed maximum penalty for contravening a suspension notice is $500,000 and 12 months' imprisonment, with an additional maximum fine of $50,000 per day for every day that the contravention continues.
"These are set deliberately high because of the seriousness of the offence and the imminent risks it poses to life and limb," the spokesman said.
For those who fail without reasonable excuse to comply with the terms of an improvement notice, they are liable to a fine of $200,000 and imprisonment for 12 months.
The spokesman pointed out that the proposed measures were two of the more important recommendations put forward by the Government in a comprehensive review of industrial safety conducted last year. They were supported by the general public and interested bodies including the Labour Advisory Board.
Other legislative proposals, including the requirement for proprietors and contractors to set up a safety management system at the enterprise level, are being drafted.
The Bill will be introduced into the Legislative Council on May 22.
End
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