Legislation on comprehensive smoking ban on construction sites takes effect today
The Construction Sites (Safety) (Amendment) Regulation 2026 takes effect, upon gazettal, today (July 17). In addition, the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 and the Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 published in the Gazette on May 22, 2026, also take effect today. The above three pieces of legislative amendments take effect to impose clear legal obligations on principal contractors and subcontractors of construction sites and any persons on construction sites that smoking is prohibited on all construction sites, to reduce fire risks and safeguard the safety of workers and the public.
Construction sites, Photo source: reference image
All types of construction sites, including those for building repair, maintenance or renovation, are designated as no smoking areas, except for domestic premises or private quarters that are being occupied by their residents for residential purposes.
Occupational Safety Officers (OSOs) of the Labour Department (LD) have been empowered to carry out enforcement work related to all smoking offences on construction sites. OSOs will immediately issue a fixed penalty notice without prior warning to any person who does a smoking act on a construction site. Offenders are liable to a fixed fine of $3,000.
Contractors and subcontractors of construction sites shall take all reasonable steps to ensure that no person uses a naked light for lighting, smokes or carries a lighted smoking product on a construction site. Offenders are liable on conviction to a maximum fine of $400,000.
The Labour Department, Photo source: reference image
The LD has launched a series of publicity and education initiatives over the past few months to enable the construction industry and the public to understand the requirements of the smoking ban on construction sites. These include disseminating relevant information through placing advertisements on mobile applications, bus bodies and at MTR stations, broadcasting a promotional video through television and social media platforms, broadcasting promotional messages on radio stations, and disseminating relevant information through seminars. The LD will continue to raise the law-abiding awareness of contractors, subcontractors, workers and members of the public through diverse promotional channels. The LD will also maintain ongoing communication with the construction industry to exchange views on reasonable steps that can be taken to enforce a smoking ban on construction sites, thereby assisting contractors in complying with the legislation and improving fire safety on construction sites.
Moreover, the LD has been collaborating with law enforcement departments responsible for the prohibition of smoking in designated areas to ensure smooth law enforcement regarding implementation of the aforementioned legislative amendments. The LD will also continue to work with the Department of Health, the Primary Healthcare Commission and other relevant organisations to promote a smoke-free culture through seminars and exhibitions, and support individuals in need of quitting smoking.
Meanwhile, the LD will soon issue revised codes of practices (CoPs) on scaffolding, including setting out the material requirements for scaffolding toe-boards to ensure the materials used are of sufficient strength to prevent workers and objects from falling from scaffolds, while also reducing fire risks. Moreover, CoPs will outline the requirements for protective screens in accordance with the relevant requirements in Practice Note for Registered Contractors 85, further ensuring that the protective materials meet the required fire retardant performance standards.
Construction sites, Photo source: reference image
