Source: Hong Kong Government special administrative region
Following is a question by the Hon Chau Siu-chung and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (July 2):
Question:
Regarding safety and health at work in confined spaces, will the Government inform this Council:
(1) given that the Code of Practice for Safety and Health at Work in Confined Spaces (CoP) was revised last year by adding, among others, the requirement for proprietors or contractors to record videos at the entrance and exit of the confined spaces throughout the entire work period, of the number of work sites involving confined space operations that have been inspected since the revision of the CoP, and whether any violations of the CoP by proprietors or contractors have been identified during the inspections; if so, of the main nature of such violations, and the numbers of written warnings, suspension notices, and improvement notices issued in response to such violations, as well as the number of prosecutions initiated; among these prosecutions, of the number of convictions and the penalties imposed;
(2) given that the Occupational Safety and Health Council (OSHC) launches the “OSH Enhancement Scheme for SMEs for Safe Work at Confined Space 2.0” (Enhancement Scheme) to subsidise eligible small and medium enterprises for purchasing equipment such as gas detectors and man-down alarm devices, of the number of application quotas available under the Enhancement Scheme and the numbers of applications received, approved, and rejected by the OSHC in each of the past three years and this year to date, with a breakdown by nature of business of the enterprise (e.g. drainage services, construction, and mechanical and electrical engineering); of the average amount of subsidy for the approved applications (set out by new applicants and enterprises previously subsidised), and the main reasons for applications being rejected;
(4) of the progress of the investigation to identify the causes of the fatal industrial accident involving a manhole that occurred on Yuen Wo Road in Sha Tin on April 22 last year, and whether prosecution has been initiated against those held liable for the accident; if so, of the details;
(5) as it is reported that the authorities indicated last year that they would study the possibility of including clauses in sewer cleaning contracts to stipulate that if workers who are originally not supposed to enter a manhole subsequently need to do so, the Drainage Services Department must be informed and its approval had to be obtained in advance, of the progress made in this regard;
(6) given that according to a paper submitted by the Government to the Panel on Manpower of this Council in June 2022, the Labour Department (LD) has established a notification system with key government departments/statutory bodies responsible for drainage works (including the Airport Authority Hong Kong, the Housing Department, the Highways Department and the Drainage Services Department), under which these government departments/statutory bodies will notify the LD of the date and time of all their drainage works or underground pipeworks that require workers to enter confined spaces, so as to facilitate surprise inspections by the LD as appropriate according to a risk-based strategy, of the number of works notified by these government departments/statutory bodies in each year since the establishment of the notification system, and the number of these works that have been inspected by the LD, with a breakdown by the notifying government department/statutory body; during these inspections, whether there are any cases where contractors were found to have violated the CoP and/or relevant OSH legislation (including the Factories and Industrial Undertakings (Confined Spaces) Regulation (Cap. 59AE), the Factories and Industrial Undertakings Ordinance (Cap. 59), and the Occupational Safety and Health Ordinance (Cap. 509)); if so, of the details, including the number of cases and their nature, as well as the follow-up actions taken, with a breakdown by the notifying government department/statutory body; and
(7) whether it will consider establishing a mandatory reporting mechanism for work in confined spaces, requiring contractors to report prior to commencing higher-risk work in confined space, so as to facilitate the authorities to arrange targeted inspections to enhance the safety of frontline workers?
President,
Having consulted the Drainage Services Department (DSD), my consolidated reply to the Hon Chau Siu-chung’s question is as follows: