ENG-1985 — Page 115

EMPLOYMENT

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A prime responsibility of the division is to investigate notified occupational diseases and potential health hazards reported by the Factory Inspectorate and to determine preventive action. Surveys were conducted in various industries and an epidemiological study on the health and hygiene conditions in quarries and construction sites is underway.

The division carried out medical examination of personnel exposed to ionising radiation, government divers and compressed air workers. It also deals with cases of silicosis under the Pneumoconiosis (Compensation) Ordinance. The division's nurses handle medical clearance for employees' compensation cases and its occupational health officers are appointed as members of Special Assessment Boards and Prostheses and Surgical Appliance Boards under the Employees' Compensation Ordinance.

The Occupational Health Division's laboratory carries out analytical tests on biological samples from workers and other environmental samples taken during site visits.

Employees' Compensation

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The Employees' Compensation Division of the Labour Department administers the Employees' Compensation Ordinance and the Pneumoconiosis (Compensation) Ordin- ance. The division ensures that injured employees and dependants of deceased employees covered by the Employees' Compensation Ordinance obtain from their employers, without undue delay, compensation in respect of injuries or death caused by accidents or occupational diseases arising out of and in the course of employment. It also ensures that persons covered by the Pneumoconiosis (Compensation) Ordinance obtain compensation as soon as possible from the Pneumoconiosis Compensation Fund, which is financed by a levy imposed on the construction and quarry industries.

The certificate system first introduced in July 1983 has proved successful in speeding up the processing of minor claims for injuries resulting in temporary incapacity for not more than 14 days. In early 1985, the Employees' Compensation Ordinance was amended to extend the certificate system to cover all cases in which no permanent incapacity is involved. Under the two-tier Employees' Compensation Assessment Board System, employees with injuries causing permanent incapacity are assessed in eight major hospitals in Hong Kong. In 1985, Ordinary Assessment Boards convened 485 sessions and completed assess- ment of 15 927 cases referred to them by the Commissioner for Labour and 807 review cases. Special Assessment Boards convened 13 sessions and completed assessment of 13 cases referred to them by the Ordinary Assessment Boards and one review case.

In July, the Employees' Compensation Ordinance was further amended to clarify the principles guiding the Employees' Compensation Assessment Boards in their assessments of loss of earning capacity of an injured employee. The amendments were made in response to a compensation case involving an employee whose earnings after his injury were no less than before, and whose employer therefore held that there was no loss of earning capacity and disputed his liability to pay compensation. The amendments make it clear that actual earnings following an injury are not the only factor to be considered in assessing loss of earning capacity.

A review of compensation levels under the Employees' Compensation Ordinance and the Pneumoconiosis (Compensation) Ordinance was carried out. These will be increased by roughly 23 per cent with effect from January 1, 1986, to take account of the changes in wage levels since their last revision in 1983.