Registered Specialist Contractor disciplined for being convicted by court of offences relating to building works
The Registered Contractors' Disciplinary Board has completed a disciplinary inquiry under the Buildings Ordinance (BO) and decided that a Registered Specialist Contractor (RSC) should be disciplined for having been convicted by a court of offences relating to building works.
The Board ordered the RSC to be reprimanded and be fined $340,000. Also, the RSC was ordered to pay $99,199 in total, being the costs of the Board and the Buildings Department (BD) for conducting the inquiry.
The Board's written decision and order issued on August 30 was published in the Gazette today (September 13). Details are available at the following link: www.gld.gov.hk/egazette/pdf/20242837/egn202428375380.pdf
The case involved a fatal incident that occurred on March 5, 2019, at a foundation construction site in Yuen Long. During the relocation of a casing rotator, two sets of lifting slings being used in the lifting operation were tied to a guard rail unit of the platform of the rotator with ropes. When the lifting slings were dropped, they pulled the guard rail unit off. The detached guard rail unit struck two of the workers who were on the platform and caused them to fall to the bottom of the inner hollow part of the rotator. Both workers sustained injuries and one of them passed away two weeks later.
The RSC was prosecuted by the Labour Department (LD) for violation of the Factories and Industrial Undertakings Ordinance, the Construction Sites (Safety) Regulations and the Factories and Industrial Undertakings (Safety Management) Regulation. The RSC was convicted and fined $108,000 at the Fanling Magistrates' Courts on January 7, 2020.
In view of the conviction of the RSC, the BD notified the Board for its consideration of disciplinary action against the RSC under the provisions of section 13(1) of the BO.
A spokesperson for the BD reiterated that any registered contractor who is convicted by any court of an offence relating to building works, or has been negligent or has misconducted himself in building works, may be subject to disciplinary action under the BO.
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Employers, contractors and employees should be aware of electrical safety at work during rainstorm
As the rainstorm warning has been issued by the Hong Kong Observatory, the Labour Department (LD) reminds employers and contractors that they should adopt necessary work arrangements and take suitable safety measures to protect the safety of their employees when they are carrying out electrical work or handling electrical plant.
A spokesman for the LD said today (September 17) that employers and contractors should avoid assigning employees to carry out electrical work (like electric arc welding work) or handle electrical plant at places affected by rainstorms, and should refer to the "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" and the "Guide on Safety at Work in times of Inclement Weather" issued by the LD.
Even if electrical work is carried out or electrical plant is handled at places not affected by the rainstorm, suitable safety measures must still be adopted to prevent electric shock as the air would be more humid. Such measures include:
(i) Ensure that all live parts of an electrical installation are isolated from the power supply source and rendered dead, and the isolation from the power supply source must be maintained as long as electrical work is being carried out;
(ii) Before carrying out any electrical work or handling any electrical plant, cut off and lock out the power supply source, then test the circuit concerned to confirm it is dead and display suitable warning notices, and issue a work permit thereafter;
(iii) Ensure that protective devices (such as suitable and adequate fuses and circuit breakers) for the electrical installations or electrical plant have been installed and maintained in good working order, and portable electric tools must be double-insulated or properly earthed;
(iv) Provide suitable personal protective equipment such as insulating gloves and insulating mats for employees; and
(v) If live electrical work is unavoidable, a comprehensive risk assessment should be conducted by a competent person and the appropriate safety precautions should be taken to remove or properly control the electrical hazards involved before such work can proceed.
In addition, employees should co-operate with the employer or contractor to follow the safety instructions and use the safety equipment provided.
The LD has published guidebooks and leaflets on electrical work safety. These safety publications are available free from divisional offices of the department or can be downloaded from its website (www.labour.gov.hk/eng/public/content2_8.htm).
Should there be any questions about occupational safety and health matters, please contact the Occupational Safety Officer of the LD at 2559 2297.
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