FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARGO HANDLING) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARGO HANDLING) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKING
(CARGO HANDLING) REGULATIONS

ARRANGEMENT OF REGULATIONS



Regulation................................... Page

PART 1

PRELIMINARY

1. Citation .............................. ... ... ... ... ... ... ...

2. Interpretation ...................... ... ... ... ... ... ... ... ... K2

PART 11

SAFETY
REQUIREMENTS

3. Access over docks, etc .................... ... ... .. ... ... ... ... ... K 2
4. Rescue from drowning....................... ... ... ... ... ... ... ... K 2

5. Lighting ................................ ... ... ... ... ... ... ... K 3

6. Electrical equipment ................. ... ... ... ... ... ... ... K 3

7. Maintenance and use of fork-lift trucks ... ... ... ... ... ... ... ... K 4

8. Removal of safety appliances, etc . .... ... ... ... ... ... ... ... ... K4

9. Stacking at docks, etc . .................. ... ... ... ... ... ... ... K 4

10. Safe means of stacking or unstacking ..... ... ... ... ... ... ... ... K 4

PART III

FIRST AID FACILITIES

11. Interpretation .............................. ... ... ... ... ... ... K4

12. Provision of first aid box or cupboard ... ... ... ... ... ... ... ... K 5

13. Standards of dressings ...................... ... ... ... ... ... ... K 5
14. Persons trained in first aid ........... ... ... ... ... ... ... ... ... K 5

is. Exemption where first aid room provided ... ... ... ... ... ... ... K 6

PART IV

MISCELLANEOUS
PROVISIONS

16. Exhibition of notices ..................... ... ... ... ... ... ... ... K 6

17. Offences .................................. ... ... ... ... ... ... K6

Schedule........................... ... ... ... ... ... ... ... ... ... ... ... K
7





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARGO HANDLING) REGULATIONS

(Cap. 59, section 7)

[21 July 1978.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Cargo Handling) Regulations.

2. In these regulations, unless the context otherwise requires

'cargo handling' means the loading, unloading or handling of cargo or
goods at a dock, quay or wharf,

'person employed' means a person employed in cargo handling;

'proprietor' means a proprietor in relation to an industrial undertaking
of cargo handling,

'working place' means any place on a dock, quay or wharf in which
persons are employed in cargo handling.

PART 11

SAFETY REQUIREMENTS

3. (1) A proprietor shall ensure that every regular approach over a
dock, quay or wharf which persons employed have to use for going to
or from a working place and every working place is maintained with due
regard to the safety of the persons employed.

(2) Without prejudice to the generality of paragraph (1), a
proprietor shall ensure that all breaks, dangerous corners,and other
dangerous parts or edges of the dock, quay or wharf are, as far as-is
practicable having regard to the traffic and cargo handling opera-
tions, securely fenced so that the height of the fence is in no place
less than 750 millimetres, and that the fencing is maintained in good
condition ready for use.

4. (1) A proprietor shall ensure that provision for the rescue
from drowning of persons employed is made and maintained.

(2) The provision required to be made under paragraph (1) shall

(a) include life-saving appliances;

(b)be reasonably adequate having regard to all the
circumstances; and





(c) be readily accessible for use on the dock, quay or wharf.

5. A proprietor shall ensure that all working places and any
dangerous parts of the regular road or way over a dock, quay or wharf,
forming the approach to any such place from the nearest highway, are
efficiently lighted whenever natural lighting is inadequate.

6. (1) A proprietor shall ensure that at every dock, quay or wharf
which is used for cargo handling

(a)electrical equipment and circuits are of such design,
construction and so installed, protected and maintained as to
prevent danger from contact and fire;

(b)electrical equipment and circuits are efficient, and suitably
located means are provided for cutting off all pressure from
every part of the system in case of accident or to prevent
danger;

(c)electrical equipment for use in places where there is an
explosion risk is of a suitable flameproof type for the
atmosphere in question;

(d)electrical equipment exposed to the weather is adequately
protected against wet or corrosion;

(e)portable electrical equipment is inspected by a competent
person at least once in every day of use;

(f) portable of flexible electric conductors are kept clear of
loads, running gear and moving equipment,

(g) portable electric lamps are used only-

(i) where adequate permanent fixed lighting cannot be
provided; and

(ii) at a pressure safe in the particular conditions of work.

(2) A proprietor shall not use, or cause or permit the use of, any
electrical equipment which does not comply with the requirements of
paragraph (1) or which is defective or otherwise unsafe.

(3) In paragraph (1)-

'competent person' means a person who is

(a)appointed in writing by the proprietor to inspect portable
electrical equipment; and

(b)by reason of training and practical experience, competent to
perform the inspection;

'pressure' means the difference of electrical potential between any
conductor through which a supply of energy is given, or between
any part of either conductor and the earth.





7. (1) The owner of a fork-lift truck shall not use the truck, or
cause or permit it to be used, for cargo handling unless

(a) it is properly maintained; and

(b)the person operating it is trained and competent to operate it.

(2) In paragraph (1), 'owner' includes the person by whom the
truck is kept and used and, if the truck is the subject of a hiring
agreement or hire purchase agreement, means the person in possession
of the truck under that agreement.

8. (1) No person shall, unless he is authorized by the proprietor or
except in case of necessity, remove or interfere with any fencing, life-
saving means or appliances, light or other thing whatsoever required by
this Part to be provided.

(2) If any thing is removed under paragraph (1), such thing shall be
restored, at the end of the period during which its removal was
necessary, by the person last engaged in the work that necessitated
such removal.

9. Where cargo or goods are placed on a dock, quay or wharf

(a)a clear passage leading to the means of access to a vessel
which is lying at the dock, quay or wharf shall be maintained
on the dock, quay or wharf, and

(b)if any space is left along the edge of the dock, quay or wharf,
it shall be at least 900 millimetres wide and clear of all
obstructions other than fixed structures, plant and appliances
in use.

10. Where stacking or unstacking of cargo or goods, or handling in
connexion therewith, cannot be safely carried out unaided by some
method of securing the cargo or goods, reasonable measures to guard
against accident shall be taken by shoring or otherwise.

PART Ill

FIRST AID FACILITIES

11. (1) In this Part, unless the context otherwise requires-

'person trained in first aid- means a person who-

(a)holds a current certificate of competency in first aid issued by
the St. John Ambulance Association;

(b)is a registered nurse within the meaning of the Nurses
Registration Ordinance; or





(c)has otherwise completed a course of training in first aid
approved by certificate under the hand of the Commissioner.

(2) For the purposes of this Part, the number of persons employed
in a working place shall be taken to be the number of persons actually
working therein at any one time.

12. (1) A proprietor shall provide and maintain in every working
place so as to be readily accessible a separate first aid box or cupboard
for each 100 persons or part thereof employed in the working place.

(2) Every first aid box or cupboard shall be of adequate capacity
and shall contain the items specified in Part 1, 11 or Ill, as the case may
be, of the Schedule and any additional items required to be provided
under paragraph (3).

(3) The Commissioner may by notice in writing require a proprietor
to keep all or any of the following items in a first aid box or cupboard

(a)a sufficient supply of assorted sizes of waterproof adhesive
wound dressings;

(b) a sufficient supply of waterproof adhesive plaster;

(c) a sufficient supply of eye baths.

(4) All items kept in a first aid box or cupboard in accordance with
this regulation shall be in good condition at all times.

(5) Nothing except appliances and requisites for first aid shall be
kept in a first aid box or cupboard.

(6) Every first aid box and cupboard shall be marked plainly 'FIRST
AID- in English and in Chinese.

(7) The Commissioner may by notice in writing require a proprietor
to provide a stretcher for any working place.

(8) A stretcher provided in accordance with a requirement under
paragraph (7) shall be

(a)kept alongside the first aid box or cupboard provided under
this regulation; and

(b) maintained in good condition at all times.

13. A proprietor shall ensure that all materials for dressings kept in
a first aid box or cupboard are those designated in, and of a grade or
quality not lower than the standards specified by, the British
Pharmaceutical Codex or any supplement thereto.

14. (1) Where 30 or more but less than 100 persons are employed in
a working place, a proprietor shall ensure that at least one person
trained in first aid is always readily available during working hours.





(2) Where 100 or more persons are employed in a working place, a
proprietor shall ensure that at least 2 persons trained in first aid are
always readily available during working hours.

(3) A proprietor shall affix to every first aid box or cupboard
provided by him under regulation 12 a notice in English and Chinese
specifying the names of the persons trained in first aid who are available
under paragraph (1) or (2) and the places where they can be found.

15. (1) If a proprietor provides a room on the dock, quay or wharf
for the sole purpose of providing first aid or medical treatment, and
makes arrangements so as to ensure the treatment therein of all injuries
occurring in any working place on the dock, quay or wharf, the
Commissioner may by notice in writing exempt the proprietor from the
requirements of this Part to such extent and subject to such conditions
as the Commissioner may specify in the notice.

(2) A notice of exemption under paragraph (1) shall be prominently
exhibited by a proprietor in the room provided.

PART IV

MISCELLANEOUS PROVISIONS

16. Notices in English and Chinese shall be exhibited by a
proprietor in prominent positions at every dock, quay and wharf which
is used for cargo handling stating

(a)the location of the rescue and life-saving appliances provided
under regulation 4;

(b)the location of first aid boxes or cupboards provided under
regulation 12;

(c)the position of the stretcher, if one is required to be provided
under regulation 12(7);

(d)where regulation 15 applies, the location of the room provided
for the treatment of injuries.

17. (1) Any proprietor who contravenes regulation 3, 4, 5 or 6 shall
be guilty of an offence and shall

(a)in respect of a contravention of regulation 3, 4 or 6, be liable
on conviction to a fine of 530,000; and

(b)in respect of a contravention of regulation 5, be liable on
conviction to a fine of 520,000.

(2) Any person who contravenes regulation 7, 8, 9 or 10 shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000.





(3) Any proprietor who contravenes regulation 12(1), (2), (4), (5), (6)
or (8), 13, 14, 15(2) or 16 shall be guilty of an offence and shall be liable
on conviction to a fine of $10,000.

(4) Any proprietor who fails or refuses to comply with any
requirement of the Commissioner under regulation 12(3) or (7) shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000.

SCHEDULE [reg. 12(2).]

FIRST AID EQUIPMENT TO BE KEPT IN A FIRST AID Box OR CUPBOARD

PART 1

Where the number of persons employed in a working place is less than 10

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 6) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 3) of medium sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 12) or adhesive wound dressings of
assorted sizes.

(c)A sufficient number (not less than 2) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and each
of the other sides not less than 900 millimetres.

A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number (not less than 3) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.

PART II

Where the number of persons employed in a working place is 10ormorebut
less than 50.

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 12) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 6) of medium-sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 24) of adhesive wound dressings of
assorted sizes.

(e)A sufficient number (not less than 4) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and
each of the other sides not less than 900 millimetres.

(f)A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.







(g)A sufficent number (not less than 6) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.





PART 111

Where the number of persons employed in a working place is 50 or more-
(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.
(b)A sufficient number (not less than 24) of small sterilized unmedicated
dressings for injured fingers.
(c)A sufficient number (not less than 12) of medium-sized sterilized unmedic-
ated dressings for injured hands or feet.
(d)A sufficient number (not less than 36) of adhesive wound dressings of
assorted sizes.
(e)A sufficient number (not less than 8) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and each
of the other sides not less than 900 millimetres.
(f)A sufficient supply (not less than 2 rolls of 25 millimetres by 4.5 metres zinc
oxide plaster) of adhesive plaster.
(g)A sufficient number (not less than 12) of 30 grams packets of absorbent
cotton wool.
(h) A pressure bandage.
(i) Safety pins.
L.N. 160/78. L.N. 321/81. L.N. 238/84. Citation. Interpretation. Access over docks, etc. L.N. 238/84. Rescue from drowning. Lighting. Electrical equipment. Maintenance and use of fork-lift trucks. Removal of safety appliances, etc. Stacking at docks, etc. L.N. 238/84. Safe means of stacking or unstacking. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Schedule. Standards of dressings. Persons trained in first aid. Exemption where first aid room provided. Exhibition of notices. Offences. L.N. 321/81. L.N. 238/84.

L.N. 160/78. L.N. 321/81. L.N. 238/84. Citation. Interpretation. Access over docks, etc. L.N. 238/84. Rescue from drowning. Lighting. Electrical equipment. Maintenance and use of fork-lift trucks. Removal of safety appliances, etc. Stacking at docks, etc. L.N. 238/84. Safe means of stacking or unstacking. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Schedule. Standards of dressings. Persons trained in first aid. Exemption where first aid room provided. Exhibition of notices. Offences. L.N. 321/81. L.N. 238/84.

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