XN000022-1996-10-09 — Page 49

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(b) For Government construction contracts, there are provisions under existing Works Branch Technical Circulars to take regulatory actions, including suspension from tendering, against contractors which have had poor safety performance or very serious accidents on any of their sites. The Works Branch is monitoring very closely the site safety performance of all government contractors. Accident statistics of all government sites are being compiled on a monthly basis. Conviction records of all contractors are also kept on a monthly basis.

(c)

In the past 24 months, there were two contractors suspended from tendering in all categories of government works; one due to a very serious accident and the other due to persistently poor safety performance. Contractors suspended from tendering are excluded from bidding for government construction contracts either for a period of not less than 3 months or indefinitely until the Administration is satisfied that all necessary safety related requirements, usually following a stringent safety audit, have been met.

The Administration believes that imposing sanctions is just one way of dealing with the problem of safety for Government construction contracts. The Administration has also introduced other positive safety initiatives for Government contracts such as the Independent Safety Audit Scheme and Pay for Safety Scheme, and is monitoring and evaluating their effectiveness in improving safety.

A list of current ACP and non-ACP contractors having site safety convictions under the Factories and Industrial Undertakings Ordinance within the 24-month period up to 30 June 1996 is at Annex 5. Many of the convictions were minor offences, such as failure to keep records or registers, absence of statutory warning notices or signs, and lack of first aid equipment, etc. which carry a maximum penalty of $10,000 under the Ordinance.

Whenever serious irregularities in implementing the specified safety measures are identified, the works department concerned will interview the contractors, give advice as to how to improve their safety procedures and check that the improvements are made. Inspectors from the Labour Department carry out inspections concerning the statutory requirements and give assistance wherever necessary. The convicted contractors will have to prove within a specified period of time that they have complied with all the necessary rules and procedures. Those who fail to do so would be given a formal suspension from tendering for Government projects.