XN000022-1996-12-04 — Page 10

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The tragic fire at Garley Building a fortnight ago has aroused great public concern over the adequacy or otherwise of fire safety protection in older buildings. The Fire Safety (Commercial Premises) Bill is being examined by a Bills Committee. We hope that the Legislative Council will agree to it quickly so that it can be enacted. It will cover commercial premises of over 230 m2 that are used as banks; off-course betting centres; jewellery and goldsmith shops; supermarkets or department stores; and shopping arcades. The need for legislation to deal with commercial/office buildings will be considered separately, in the light of the investigation report being compiled by the Director of Fire Services on the Garley Building fire. In the meantime, as "workplace" defined in the Occupational Safety and Health Bill will cover all types of premises, the provisions in this bill can be used to deal with fire problems in workplaces not already covered by the Fire Safety (Commercial Premises) Bill. The Occupational Safety and Health Regulation, which will be made by the Commissioner for Labour upon the enactment of the Bill, also contains a provision that the Commissioner may require employers or occupiers of a workplace to provide fire safety measures in addition to those required by or under any other law. In exercising such power, the Commissioner for Labour will obviously take into account the physical and other constraints which may be encountered in that particular workplace, but she does have the power to ensure that adequate fire precautions are in place to ensure the safety of the people at work in a workplace.

In many ways, the Occupational Safety and Health Bill and the Regulation seek to enshrine in a consolidated piece of legislation most of the existing safety and health standards in a workplace which the average employer follows at present. We will minimise the potential financial burden on the employers, particularly those who run smaller establishment, with a phased introduction of the subsidiary regulations under the Bill.

The Administration intends to bring the provisions of the Bill and Regulation into operation 12 months after enactment. The grace period will allow time for Government to launch a public education and promotion programme, and for employers and occupiers of affected premises to become familiar with the legislation and to make the necessary preparations.

In line with the new strategy on promoting industrial safety, our approach to occupational safety and health in the non-industrial sectors will be preventive rather than curative; and promotional and educational rather than prosecution-oriented. The overall emphasis would be to encourage employers and occupiers of workplaces to identify risks and hazards, and to take steps to control or minimise them.

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