Principal safety and health legislation relating to safe metal scaffolding in Hong Kong

The following is a summary of the statutory provisions in relation to safe metal scaffolding under the Factories and Industrial Undertakings Ordinance and its subsidiary legislation and the Occupational Safety and Health Ordinance. It is advisable to refer to the relevant Ordinances and regulations for full details of the statutory provisions summarized in this part or referred to in other parts of the Code.

3.1  General duties provisions under FIUO

Sections 6A and 6B of the Ordinance impose general duties on proprietors and persons employed with regard to the health and safety at work in industrial undertakings. In a construction site, these provisions do not only bind the principal contractor of the site. Subcontractors who are employers and who have management or control of construction activities within the site are also regarded as proprietors and are therefore bound by Section 6A. Besides, with regard to metal scaffolding works, workers using metal scaffolds and scaffolders, who are employed to work in the site are also bound by Section 6B.

3.1.1  Section 6A(1)

The   general   duties   imposed   on   the   proprietor   of   an   industrial undertaking  are  to  ensure,  so  far  as  is  reasonably  practicable,  the health  and  safety  at  work  of  all  persons  employed  by  him  at  the industrial undertaking.

3.1.2  Section 6A(2)

These general duties extend to include five specific areas:

(a)     The  proprietor  shall  provide  machinery,  equipment,  appliances and other plant that are, so far as is reasonably practicable, safe and without risks to health and must maintain them in that condition. He must also ensure that the systems of work are safe and without risks to health.

(b)     The proprietor shall make adequate arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in  connection  with  the  use,  handling,  storage  and transport of articles and substances.

(c)    The proprietor shall provide such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of all persons employed by him. The information to be provided should include information about the hazards in the workplace and the necessary precautions to be adopted.

(d)    The proprietor shall ensure that, so far as is reasonably practicable, any place of work under his control is kept safe and without risks to health. This requirement covers not only buildings, but also includes,        for   example,   open   sites   and   temporary   structures such as scaffolds. The proprietor shall also ensure, so far as is reasonably practicable, the provision and maintenance of means of access to and egress from the workplace that are safe and without risks to health.

(e)     The   proprietor   shall   provide   and   maintain   for   all   persons employed by him a working environment that is, so far as is reasonably practicable, safe and without risks to health.

3.1.3  Section 6B(1)

The general duties imposed on every person employed at an industrial undertaking while at work are as follows:

(a)     The person employed shall take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work.

(b)     Also,    he    shall    co-operate    with    the    proprietor    or    other persons  so  far  as  is  necessary  to  enable  them  to  perform  or comply with the safety duties or requirements imposed on them by the Ordinance.

3.2  Construction Sites (Safety) Regulations

The CSSR are to protect workmen in the construction industry. These regulations  lay  down  legal  requirements  to  ensure  the  safety,  health  and welfare   of   workmen   on   construction   sites.   In   respect   of   scaffolding safety, the contractors/workmen are subject to the requirements of the following regulations:

3.2.1  Regulations 38A and 38AA

These regulations specify general provisions for ensuring safety of places of work, safe means of access to and egress from places of work and that no person gains access to any place on the site where any hazardous conditions are present.

3.2.2  Regulation 38B

This    regulation    requires    that    adequate    steps    such    as    the provision, use and maintenance of working platforms, etc. shall be taken to prevent any person from falling from a height of 2 metres or more.

3.2.3  Regulation 38C

This regulation requires the provision of safe scaffolds, ladders, etc. and ensures their use where work cannot be safely done on or from the ground or from part of a permanent structure.

3.2.4  Regulation 38D

This regulation requires that all the scaffolds, ladders, etc. shall be so designed, constructed, maintained and every part thereof so securely supported or suspended as to ensure that they are stable. Besides, all such scaffolds, ladders, etc. shall be made of suitable and sound materials of sufficient strength.

3.2.5  Regulation 38E

This regulation requires that only trained workmen with adequate experience and under the supervision of a competent person shall erect, alter or dismantle scaffolds.

3.2.6  Regulation 38F

This regulation requires that a scaffold shall not be used unless it has been inspected by a competent person:

(a)    before being taken into use for the first time;

(b)     at regular intervals not exceeding 14 days immediately preceding each use of the scaffold;

(c)     after   any   substantial   addition,   partial   dismantling   or   other alteration, exposure to weather conditions likely to have affected its strength or stability or to have displaced any part,

and a report has been made by the person carrying out the inspection on Form 5, which includes a statement to the effect that the scaffold is in safe working order.

3.2.7  Regulation 38H

This regulation requires the use of safety nets and safety belts when it is impracticable to provide safe scaffolds.

3.2.8  Regulation 38I

This regulation requires that any workman who has been provided with a safety belt shall wear the safety belt and keep it attached to a secure anchorage.

3.2.9  Regulation 48

This regulation requires that suitable safety helmets shall be provided for every workman; and all reasonable steps shall be taken to ensure that no workman remains on site unless he is wearing a suitable safety helmet.

3.2.10 Regulation 49

This  regulation  requires  that  scaffolding  materials  and  waste materials, tools and other objects, shall not be thrown, tipped or shot down from height. Where proper lowering by lifting appliances or gear is impracticable or demolition is being carried on, steps shall be taken to protect workmen from being hit by falling debris.

3.2.11 Regulation 52

This regulation requires that all platforms, gangways, etc. shall be kept

clear of any loose materials that are not required for immediate use.

3.2.12 Third Schedule to the CSSR

This schedule relates to the protection of any person from falling from a height of 2 metres or more. (See Appendix II for details)