XN000022-1996-05-22 — Page 33

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Because the application for a court order usually takes considerable time, a serious accident could occur in the interim at the construction site concerned if the risks involved have not been effectively eliminated. The Bill therefore recommends that the Commissioner for Labour should be empowered to issue a notice to the proprietors and contractors concerned to suspend immediately any hazardous work, or the use of dangerous equipment, which is likely to give rise to an imminent risk of serious bodily injury to the workers.

The Commissioner for Labour will prepare clear departmental guidelines to ensure that a suspension notice will only be issued after internal clearance by officers of the appropriate rank in the Labour Department. The guidelines will also ensure that consistent standards are being applied. Any person aggrieved by the issue of a suspension notice may apply in writing to the Commissioner for Labour for a review. He can also appeal to the Administrative Appeals Board if he is not satisfied with the result of the review.

For less serious situation where workers are not exposed to an imminent risk, we propose that the Commissioner for Labour should be empowered to issue improvement notices to require proprietors and contractors to rectify breaches of the legislation within a specified period. Since ignoring an improvement notice is an offence, I believe that the new measure is more effective than the present system of issuing offenders with advisory letters. Proprietors and contractors should be more motivated to take positive measures to improve safety at work.

Since the new legislation does not require proprietors or contractors concerned to do anything new under the existing Ordinance, in the interest of improving industrial safety we propose that the new legislation should come into force immediately.

Finally, the Bill proposes that the maximum penalty for contravening a suspension notice should be $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.

Mr President, I beg to move.

End