Source: Hong Kong Government special administrative region
Following is a question by the Hon Kwok Wai-keung and a reply by the Secretary for Financial Services and the Treasury, Mr Christopher Hui, in the Legislative Council today (April 2):
Question:
(i) Tenderers who have been convicted of a relevant offence under the OSHO and the Factories and Industrial Undertakings Ordinance, etc will be debarred from bidding government service contracts for a maximum period of up to five years. In evaluating tenders for a service contract involving the employment of non-skilled workers, the department concerned will check whether any of the tenderers are subject to debarment; and
(ii) Tenderers for service contracts that involve non-skilled workers performing duties outdoors, in an indoor environment without air-conditioning and/or in the vicinity of high temperature installations are required to submit a Heat Stroke Prevention Work Plan (Work Plan) certified by a Safety Officer who has a valid registration with the Labour Department (LD). Any tender submitted without a Work Plan will not be considered further in the tender assessment. Contractors who fail to comply with the measures committed in the Work Plan may also be issued with demerit points under the Demerit Point System.
In addition to the above contractual and tendering requirements, the LD has been committed to ensuring, through inspection and enforcement, publicity and promotion, as well as education and training, that employers (including GSCs) comply with the relevant statutory requirements, with a view to minimising safety and health risks at workplaces and safeguarding the OSH of employees.
(2) As regards the Member’s enquiry about the cases of OSH-related injuries and deaths in the past three years, we have collected relevant information on outsourced non-skilled workers from the four major procuring departments. Such information is set out at Annex.
(3) The LD has all along adopted a multi-pronged strategy in promoting employers (including GSCs) to enhance the safety management standard and protect the OSH of their employees. Relevant measures include:
(i) adopting a risk-based approach in conducting OSH inspections at different workplaces. If OSH issues are identified during inspections, the LD will exercise its professional judgement in assessing the seriousness and consequences of the issues and, based on the evidence available, take enforcement actions. Such actions may include issuing written warnings, improvement notices and suspension notices, or even initiating prosecutions. The said inspections also cover the workplaces of GSCs. In respect of GSCs employing non-skilled workers, the LD conducted 185, 199 and 224 OSH inspections respectively from 2022 to 2024, and took 41, 52 and 27 enforcement actions.
(ii) issuing OSH guidelines to help contractors and other employers enhance their safety management standard. Such guidelines include “Guidance Notes on Prevention of Heat Stroke at Work”, “Cleansing Workers – Safe Use of Chemicals”, “Lightening the Load” and “Guide on Safety at Work in times of Inclement Weather”; and
(iii) co-organising activities (e.g. OSH talks, seminars and training programmes) with organisations such as the Occupational Safety and Health Council (OSHC), trade associations and workers’ unions to enhance the OSH awareness of both employers and employees. The LD and the OSHC have also set up hotlines to answer OSH-related enquiries.
In addition to the inspections conducted by the LD, procuring departments are also, in general, required to formulate suitable arrangements for inspection of contractors’ workplaces (including the number of inspections) having regard to factors such as nature of the outsourced services and their manpower, and to develop assessment indicators as necessary.
The Government will remain committed to safeguarding the OSH of outsourced workers employed by service contractors through the implementation of various measures.