Court makes review decision on sentencing for violating occupational safety and health legislation
Regarding the sentencing in a fatal industrial accident, the Kwun Tong Magistrates' Courts today (December 8) handed down a review decision, accepting the prosecution's application for review of an earlier court sentence, increasing the fines imposed on the contractor and shortening the duration, with higher amounts for the monthly instalment of the fines.
The Kwun Tong Magistrates' Courts, the Kwun Tong Law Courts Building
The case involved a fatal accident that occurred on May 7, 2022, at a residential unit under renovation in Jordan. A scaffolder, while preparing to erect a truss-out bamboo scaffold on an external wall, fell to the ground and died.
The contractor was prosecuted by the Labour Department (LD) for the violation of the Construction Sites (Safety) Regulations, and was fined $90,000 and allowed to pay the fines in 90 instalments of $1,000 per month at the Kwun Tong Magistrates' Courts on November 8, 2024.
After the sentencing, the prosecution filed a review application with the court regarding the sentences imposed on the relevant contractor. The review hearing was brought up today before the Kwun Tong Magistrates' Courts. The fines imposed on the contractor were increased to $160,000 and were payable in 74 instalments of $2,000 per month after deducting the fine of $12,000 that has already been paid.
A spokesman for the LD said that the ruling will disseminate a strong message to all contractors that they have to protect workers' safety and health at work in accordance with the laws. The prosecution will continue to pay attention to court rulings and will file review or appeal applications for cases where the sentences are manifestly inadequate and/or wrong in principle.
The Labour Department
Employers, contractors and employees should be aware of electrical safety at work during rainstorms
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 (March 3) that employers and contractors should avoid assigning employees to carry out electrical work (such as 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 a rainstorm, suitable safety measures must still be adopted to prevent an 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 that 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.
Source: AI-found images
