Cap. 59 sub. leg. AC

Factories and Industrial Undertakings (Suspended Working Platforms) Regulation(Cap. 59, section 7)(Enacting provision omitted—E.R. 2 of 2019)[1 July 1995](Format changes—E.R. 2 of 2019) 1. (Omitted as spent—E.R. 2 of 2019) 2. Application This Regulation applies to an industrial undertaking in which any suspended working platform for carrying persons is used. 3. Interpretation (1) In this Regulation, unless the context otherwise requires—climber (爬升器) means a lifting appliance through which a suspension rope passes which is controlled either by friction grips or by turns of the rope round drums within the appliance and the lower end of which rope is not anchored to the climber;competent examiner (合資格檢驗員), in relation to the carrying out of any thorough examination or load test and thorough examination required by this Regulation, means a person who is—(a) appointed by the owner required by this Regulation to ensure that such thorough examination or load test and thorough examination is carried out;(b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap. 409) within a relevant discipline specified by the Commissioner; and(c) by virtue of his previous experience, competent to carry out such thorough examination or load test and thorough examination;competent person (合資格的人), in relation to any duty to be performed by such a person under this Regulation, means a person who is—(a) appointed by the owner to ensure that the duty is carried out; and(b) by reason of substantial training and practical experience, competent to perform the duty;construction site (建築地盤) means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of the construction work; (80 of 1997 s. 102)lifting appliance (起重機械) includes a winch, climber, chain block, hoisting block, pulley block or gin wheel used for raising or lowering, or as a means of suspension of, a suspended working platform; lifting gear (起重裝置) includes a chain sling, wire rope sling or similar gear and a ring, link, hook, shackle, swivel or eyebolt;maintain (維修) means maintain in safe working order and in good repair;owner (擁有人), in relation to any suspended working platform, includes the lessee or hirer thereof, and any overseer, foreman, agent or person in charge or having the control or management of the suspended working platform, and the contractor who has control over the way any construction work which involves the use of the suspended working platform is carried out and, in the case of a construction site, includes the contractor responsible for the construction site; (L.N. 261 of 2003)repair (修理) includes renewal, alteration or addition;safe working load (安全操作負荷), in relation to a suspended working platform, means the safe working load for operating it as specified in the current certificate of thorough examination or load test and thorough examination given by a competent examiner;slung scaffold (吊索式棚架) means a scaffold suspended by means of lifting gear, ropes or chains or rigid members and not provided with means of raising or lowering by a lifting appliance or similar device;suspended working platform (吊船) means a scaffold (not being a slung scaffold) or a working platform suspended from a building or structure by means of lifting gear and capable of being raised or lowered by lifting appliances (but does not include a boatswain’s chair or similar device), and includes all lifting appliances, lifting gear, counterweights, ballast, outriggers, other supports and the whole of the mechanical and electrical apparatus required in connection with the operation and safety of such a scaffold or working platform.(2) For the purpose of this Regulation, a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking construction work there. 4. Construction and maintenance The owner of a suspended working platform shall ensure that it is not used for carrying persons unless it is—(a) of good design and construction;(b) of adequate strength for the purpose for which it is used;(c) made of sound material and free from patent defect;(d) properly installed or assembled; and(e) properly maintained. 5. Anchorage and support (1) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless—(a) the arrangement for fixing and anchoring it are adequate to secure its safety;(b) it is adequately and securely supported;(c) every structure supporting it is of good construction and adequate strength, of sound materials and free from patent defect.(2) Where outriggers are used, the owner of a suspended working platform shall ensure that it is not used for carrying persons unless the outriggers are—(a) of adequate length and strength and properly installed and supported;(b) firmly anchored at the inner ends; and(c) securely fastened to any ballast or counterweights. 6. Suspension The owner of a suspended working platform shall ensure that it is not used for carrying persons unless—(a) the points of suspension are at adequate horizontal distances from the face of the building or other structure so as to prevent the suspended working platform from coming into contact with such face;(b) wire ropes or chains are used for the raising, lowering and suspension of the platform;(c) the wire ropes or chains are securely attached to the outriggers or other supports;(d) the wire ropes or chains are of such length that the platform is capable of being lowered to the ground or a safe landing place; and(e) adequate arrangements are made to prevent undue tipping, tilting or swinging of the platform and to secure it to prevent undue horizontal movement while it is being used. 7. Counterbalance and counterweights The owner of a suspended working platform which is counterbalanced by counterweights shall ensure that—(a) water or other liquids, earth, clay, sand, chippings or aggregates are not used as counterweights;(b) every portable counterweight has its weight permanently and distinctly stamped, engraved or embossed thereon;(c) all counterweights are securely attached at the inner end of the outriggers to prevent tampering by any person; and(d) the counterweights on any outriggers are not less than 3 times the weight necessary to balance the load on the projecting part of the outriggers when the platform is fully loaded. 8. Platforms The owner of a suspended working platform shall ensure that it is not used for carrying persons unless the platform is—(a) at least 440 millimetres wide and of sufficient length to allow the number of persons using it to do so safely;(b) except to the extent necessary for drainage, either closely boarded, planked or plated;(c) provided on all sides with toe boards placed at a height not less than 200 millimetres above its floor level; and(d) provided on all sides with guard-rails of adequate strength, which guard-rails shall be so positioned that the top guard-rail is at a height between 900 millimetres and 1 150 millimetres above the floor level and the lowest guard-rail is not more than 700 millimetres above the top of the toe board. 9. Safe means of access The owner of a suspended working platform shall ensure that it is not used for carrying persons unless sufficient safe means of—(a) access and egress is provided to the platform of the suspended working platform; and(b) access is provided to those parts of the installation of the suspended working platform requiring periodic inspection or maintenance. 10. Drums and pulleys The owner of a suspended working platform that has a drum or pulley on which a rope is carried shall ensure that the suspended working platform is not used for carrying persons—(a) unless the drum or pulley is designed and of sufficient diameter for the rope used; and(b) unless, where the rope terminates at the winding drum of the suspended working platform—(i) the rope is properly secured to the drum; and(ii) the rope is long enough so that, at all times, at least 2 turns of the rope will remain on the drum. 11. Brakes The owner of a suspended working platform shall ensure that it is not used for carrying persons unless the winches, climbers or other lifting appliances or similar devices of the suspended working platform are, in the case of—(a) manually operated appliances or devices, provided with an efficient brake which comes into operation when the operating handle or lever is released; and(b) power operated appliances or devices, provided with 2 independent, efficient braking systems, each of which is capable of preventing the suspended working platform from falling out of control or in a dangerous manner. 12. Control levers, switches, etc. The owner of a suspended working platform shall ensure that it is not used for carrying persons unless—(a) every lever, handle, switch or other device used for controlling its operation (being a lever, handle, switch or other device the accidental movement or displacement of which is liable to cause danger) is, unless it is so placed as to prevent accidental movement or displacement, provided with a suitable spring or other locking arrangement to prevent accidental movement or displacement; and(b) every lever, handle, switch or other device for controlling its operation has either on or adjacent to it clear markings to indicate its purpose and mode of operation. 13. Protection of climbers against the effect of weather, etc. The owner of a suspended working platform shall ensure that it is not used for carrying persons unless the winches, climbers or other lifting appliances or similar devices of the platform are adequately protected against the effect of weather, dust or material likely to cause damage to them that could result in a malfunction. 14. Safety ropes and safety devices (1) Subject to subsection (2), the owner of a suspended working platform that is raised or lowered by winches or climbers shall ensure that it is not used for carrying persons unless it is provided, at each suspension point, with a safety rope having an automatic safety device mounted on it, such that, should the primary suspension rope, the winch, the climber or any part of the mechanism for raising or lowering the platform fail, the safety rope with the automatic safety device will support the platform. (L.N. 391 of 1996)(2) Subsection (1) does not apply if—(a) the platform is supported on 2 independent suspension wire ropes at or near each end such that, in the event of the failure of one rope, the other rope is capable of sustaining the weight of the working platform and its load and preventing it from tilting; or(b) a system is incorporated which operates automatically to support the platform and its load in the event of the failure of the primary suspension rope.(3) The owner of a suspended working platform provided with the safety rope and automatic safety device referred to in subsection (1) shall ensure that it is not used for carrying persons unless the safety rope and automatic safety device are properly maintained and kept in good working order. 15. Safety belts, lifelines, etc. (1) The owner of a suspended working platform used for carrying persons shall provide each person using it with a safety belt and an independent lifeline or an anchorage with fittings; and each such safety belt, lifeline, anchorage and fitting shall be properly maintained and shall be of such a design and so constructed as to prevent serious injury in the event of a fall to any person using it.(2) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless every person carried on it is wearing a safety belt that is attached to the safety equipment specified in subsection (1).(3) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless a notice in English and Chinese in the following form is displayed prominently on the suspended working platform—“Every person riding on a suspended working platform shallwear a safety belt properly attached to an independentlifeline or an appropriate anchorage吊船上的人員須佩戴安全帶；安全帶須繫於獨立救生繩上或穩固的繫穩物上”. 16. Erection, dismantling and alteration The owner of a suspended working platform shall ensure that it is not erected, dismantled or the structure as originally designed altered, except under the supervision of a competent person. 17. Trained and competent workers (1) The owner of a suspended working platform shall ensure that every person working thereon shall—(a) be at least 18 years old; and(b) have undergone training that is either recognized by the Commissioner or provided by the manufacturer of the suspended working platform or its local agent, on—(i) general construction of the suspended working platform; and(ii) how to operate it safely,and have obtained a certificate in respect of such training from the person who provided the training.(2) Subsection (1) does not apply where a person is undergoing training in working on a suspended working platform providing that he is doing so under the supervision of a person who meets the requirements specified in subsection (1). 18. Use in bad weather conditions (1) The owner of a suspended working platform shall ensure that it is not used under weather conditions likely to endanger its stability or cause danger to the persons carried thereon.(2) After exposure to weather conditions likely to have affected the stability of the suspended working platform, the owner shall—(a) cause the suspended working platform to be load tested and thoroughly examined by a competent examiner as soon as practicable thereafter and before the suspended working platform is again used; and(b) in the event of the anchorage, ballast, counterbalance or supports being found on examination to be unsafe, take such steps as will again ensure the stability of the suspended working platform. 19. Inspections by competent persons (1) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless—(a) it has been inspected in the immediately preceding 7 days before its use by a competent person; and(b) he has obtained a certificate in the approved form in which the competent person has made a statement to the effect that it is in safe working order.(2) In addition to the requirements in subsection (1), the owner shall ensure that—(a) all the suspension ropes and safety ropes have been inspected and found in safe working condition by a competent person prior to commencement of daily work; and(b) a notice in English and Chinese in the following form is prominently displayed on the platform—“All wire ropes shall be inspected prior tocommencement of daily work每日開工前須檢查所有繩索”. 20. Test and examination prior to use (1) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless it has been thoroughly examined by a competent examiner in the immediately preceding 6 months before its use and he has obtained a certificate in the approved form in which the competent examiner has made a statement to the effect that it is in safe working order.(2) The owner of a suspended working platform shall ensure that it is not used for carrying persons unless it has been load tested and thoroughly examined by a competent examiner during the immediately preceding 12 months before its use and he has obtained a certificate in the approved form in which the competent examiner has made a statement to the effect that it is in safe working order.(3) Notwithstanding the fact that an owner has complied with subsections (1) and (2), where a suspended working platform has subsequently undergone—(a) substantial repair;(b) re-erection, including erection following its removal to a different location;(c) adjustment to any member of the suspended working platform, being an adjustment which involves changes in the arrangements for anchoring or supporting the suspended working platform; or(d) failure or collapse,the owner of the suspended working platform shall ensure that it is not used for carrying persons unless it has been further load tested and thoroughly examined by a competent examiner and the owner has obtained from him another certificate in the approved form in which he has made a statement to the effect that it is in safe working order. 21. Duties of competent examiner (1) A competent examiner shall deliver the certificate or relevant report to the owner of a suspended working platform within 28 days after thoroughly examining it or load testing and thoroughly examining it, as the case may be.(2) Should the competent examiner discover that the suspended working platform cannot be used safely unless certain repairs are carried out, he shall immediately inform the owner and deliver a report to him, with a copy of that report to the Commissioner, within 14 days.(3) Where the competent examiner concludes that the suspended working platform is safe but will require repairs before the next certificate will be required, he shall note that fact on the certificate and shall send a copy of it to the Commissioner. 22. Marking of safe working load and number of persons allowed The owner of a suspended working platform shall—(a) clearly and legibly mark on the platform—(i) the safe working load applicable to the suspended working platform;(ii) the maximum number of persons that may be carried at any one time; and(iii) an appropriate mark to distinguish it from other similar suspended working platforms owned by him; and(b) ensure that it is not used to carry—(i) any load greater than the safe working load except that, for the purpose of carrying out a load test under section 20, the safe working load may be exceeded by such amount as a competent examiner carrying out the load test may authorize; or(ii) a greater number of persons than the maximum number marked on the platform. 23. Construction of wire rope Without prejudice to any other provision of this Regulation, the owner of a suspended working platform shall ensure that a wire rope is not used for raising or lowering, or as a means of suspension of, the suspended working platform or as its safety rope if—(a) in any length of 10 diameters, the total number of visible broken wires exceeds 5% of the total number of wires in the rope;(b) there is any kink or distortion in the rope; or(c) there is on the rope marked signs of wear or corrosion. 24. Keeping of records of maintenance (1) The owner of a suspended working platform shall keep in a safe place records of maintenance carried out under this Regulation.(2) If any suspended working platform is taken out of use, the owner shall keep the records of maintenance in a safe place for a period of at least 6 years after the date on which it was taken out of use.(3) The owner shall ensure that the records of maintenance required to be kept under this section are available for inspection by an occupational safety officer at all reasonable times. (32 of 2000 s. 48) 25. Keeping and displaying of reports (1) The owner of a suspended working platform shall keep the certificates or reports received by him in respect of any thorough examination or load test and thorough examination carried out under this Regulation for a period of 3 years after the date he received each of them.(2) The owner shall display prominently a copy of the most recent certificate or report on the suspended working platform.(3) If a suspended working platform is taken out of use, the owner shall keep the most recent certificates or reports in a safe place for a period of at least 2 years after the date on which it was taken out of use.(4) The owner shall ensure that the certificates and reports required to be kept under this section are available for inspection by an occupational safety officer at all reasonable times. (32 of 2000 s. 48) 26. Reports or records to be furnished to occupational safety officer The owner of a suspended working platform shall, on request in writing by an occupational safety officer, within such period (being not less than 7 days) as may be specified in the request, deliver to the occupational safety officer a copy of or an extract from any record or report required to be kept under this Regulation.(32 of 2000 s. 48) 27. Forms Every form required under this Regulation shall be in such form as the Commissioner may from time to time approve by notice published in the Gazette. 28. Prohibitions (1) No person shall, without reasonable excuse, tamper or interfere with or render inoperative any safety rope and automatic safety device required to be provided under this Regulation on a suspended working platform.(2) No person shall use a suspended working platform unless he wears a safety belt and keeps it attached to the lifeline or other anchorage required under this Regulation. 29. Offences by owners (1) An owner who contravenes any of the provisions of this Regulation other than section 15(3), 17, 19, 22, 24, 25 or 26 commits an offence and is liable on conviction to a fine of $400,000 and to imprisonment for 12 months. (5 of 2023 s. 56)(2) An owner who—(a) contravenes section 15(3), 17 or 22(a) commits an offence and is liable on conviction to a fine at level 6;(b) contravenes section 19(1) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 12 months;(c) contravenes section 19(2) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 12 months;(d) contravenes section 22(b) commits an offence and is liable on conviction to a fine of $400,000; or(e) contravenes section 24, 25 or 26 commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 56) 30. Offences by employees and other persons An employee or other person who contravenes section 28 commits an offence and, in respect of a contravention of—(a) section 28(1), is liable on conviction to a fine of $150,000 and to imprisonment for 6 months; and(b) section 28(2), is liable on conviction to a fine of $150,000.(E.R. 2 of 2019; 5 of 2023 s. 57) 31. Offences by competent examiners (1) A competent examiner who, having carried out any thorough examination or load test and thorough examination, contravenes any of the provisions of section 21 commits an offence and is liable to a fine at level 5. (E.R. 2 of 2019)(2) A competent examiner who, having carried out any thorough examination or load test and thorough examination required by this Regulation, delivers to an owner any report which is to his knowledge false as to a material particular commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.