Cap. 59 sub. leg. AA

Factories and Industrial Undertakings (Carcinogenic Substances) Regulations(Cap. 59, section 7)[14 November 1986](Format changes—E.R. 1 of 2022) Part I Preliminary 1. Citation These regulations may be cited as the Factories and Industrial Undertakings (Carcinogenic Substances) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—appointed medical practitioner (指定醫生) means a medical practitioner appointed under regulation 7; controlled substance (受管制物質) means any of the following chemical compounds— (a) alpha-naphthylamine and its salts (other than alpha- naphthylamine containing, as a by-product of a chemical reaction, more than one per cent of beta-naphthylamine); (b) ortho-tolidine and its salts; (c) dianisidine and its salts; (d) dichlorobenzidine and its salts; (e) auramine; and (f) magenta; prohibited substance (受禁止物質) means any of the following chemical compounds—(a) beta-naphthylamine and its salts;(b) benzidine and its salts;(c) 4-aminodiphenyl and its salts;(d) 4-nitrodiphenyl and its salts,and any substance containing all or any one or more of these chemical compounds (other than as a by-product of a chemical reaction and in a total concentration not exceeding one per cent). Part II Prohibited Substances 3. Prohibition of employment in manufacture of certain substances and their use (1) No person shall be employed in any industrial undertaking in connexion with the manufacture of any prohibited substance or in connexion with any process in the course of which any prohibited substance is formed.(2) Subject to paragraph (3), no prohibited substance shall be brought into or used in any industrial undertaking.(3) Paragraph (2) shall not apply so as to prevent any prohibited substance being brought into any dock, quay, wharf, warehouse or airport for the sole purpose of exporting it. 4. Exemptions (1) Notwithstanding regulation 3, the Commissioner for Labour may, in such cases as he shall think fit and subject to such conditions as he may specify therein, by certificate in writing exempt any industrial undertaking or any part of any industrial undertaking, from the provisions of regulation 3, if he is satisfied that—(a) in a case where it is proposed to manufacture or use any prohibited substance—(i) the proposed manufacture or use will be only for the purpose of or in the course of medical or scientific research, investigation or testing; and(ii) the proposed manufacture or use has been certified in writing by the director or other person in charge of the laboratory or other place where the research, investigation or testing is to be carried on, to be necessary for such purpose or in such course;(b) in a case where in the course of any process of manufacture (other than the manufacture of any prohibited substance) any prohibited substance is formed at any stage of the process, the process will be carried out in a totally enclosed system in such a manner—(i) that no prohibited substance is removed from the system except for the purposes of, and in no greater quantity and no more frequently than is necessary for, control of the process and such analysis as is necessary to secure that the product will be free from prohibited substances; and(ii) that no prohibited substance escapes from the system;(c) in a case where it is proposed to manufacture benzidine monohydrochloride, benzidine dihydrochloride or a mixture containing either or both of those substances or to use those substances or either of them in any process of manufacture, the manufacture or use will be carried out in a totally enclosed system in such a manner—(i) that no prohibited substance is allowed to escape from the system;(ii) that no prohibited substance (other than benzidine hydrochloride) is removed therefrom except for the purposes of, and in no greater quantity and no more frequently than is necessary for, control of the process and such analysis as is necessary to secure that the product will be free from prohibited substances; and(iii) that adequate steps will be taken to ensure that the benzidine hydrochlorides are, at all times, except while they are in the totally enclosed system, kept wet so that the proportion by weight of water to benzidine hydrochlorides is not less than one part of water to two parts of benzidine hydrochlorides,and if he is further satisfied in each of the cases mentioned in subparagraphs (a), (b) and (c) that the requirements of regulations 6 to 9 will be complied with in the case of any manufacture or use (as the case may be) referred to in those subparagraphs as if it were a case to which regulations 6 to 9 apply and as if the references therein to controlled substances included references to prohibited substances. (2) The Commissioner for Labour may, by notice in writing served on the proprietor of the industrial undertaking concerned, revoke any exemption granted under paragraph (1). Part III Controlled Substances 5. Application of this Part Subject to regulation 4, this Part applies only with respect to industrial undertakings in which any person is employed—(a) in connexion with the manufacture of any controlled substance or in connexion with any process in the course of which any controlled substance is formed;(b) in connexion with any process in the course of which any controlled substance (other than auramine or magenta) is used or handled;(c) in the storage or movement within the industrial undertaking of any controlled substance in connexion with any manufacture or process referred to in subparagraph (a) or (b); or(d) in the maintenance or cleaning of plant or the cleaning of containers, stores or workrooms in connexion with any manufacture or process referred to in subparagraph (a) or (b). (E.R. 1 of 2022) 6. Safety precautions The proprietor of every industrial undertaking shall—(a) take all practicable steps to prevent persons employed therein in any manufacture, process or work referred to in regulation 5 being exposed to the risk of inhaling, ingesting or otherwise absorbing any controlled substance;(b) warn every person employed therein by posting notices (in the English and Chinese languages, in a form approved by the Commissioner) in conspicuous places where any controlled substance is present and where any such manufacture, process or work referred to in regulation 5 is being carried out, of the dangers to health involved in such employment and of the need for regular medical examinations and attention to safe working practices; and(c) ensure that all controlled substances within the industrial undertaking (except when in the course of manufacture, formation or use) are kept in suitable closed receptacles legibly marked with the name of the substance it contains and also with the words “CARCINOGENIC SUBSTANCE” and the characters “可致癌物品”. 7. Appointment of medical practitioner (1) The proprietor of every industrial undertaking shall appoint a medical practitioner who is conversant with the provisions of these regulations and the health hazards associated with prohibited and controlled substances, to carry out medical examinations of persons employed therein, as required by regulation 8.(2) A proprietor who has appointed a medical practitioner under paragraph (1) shall notify the Commissioner, in writing, within 14 days after such appointment, of the name and address of the appointed medical practitioner. 8. Medical examinations (1) Every person who is or has been employed in any industrial undertaking in any manufacture, process or work referred to in regulation 5 shall be medically examined by the appointed medical practitioner within one month of being first so employed and be so examined again at intervals of not more than 6 months so long as his employment in the industrial undertaking continues:Provided that in the case of a person so employed at the date of the coming into operation of these regulations, his first medical examination under this regulation shall be within one month of that date.(2) Every medical examination under paragraph (1) shall include exfoliative cytology of the urine by a laboratory of the Institute of Pathology of the Department of Health. (L.N. 76 of 1989)(3) Every person who is or has been employed in an industrial undertaking in any manufacture, process or work referred to in regulation 5 shall submit himself for medical examination by the appointed medical practitioner as required under this regulation and provide samples of urine as necessary so that the requirements of paragraph (2) may be complied with.(4) For the purpose of this regulation the expression first so employed (首次如此受僱) includes re-employment in any industrial undertaking to which this Part applies following a cessation of such employment for any period exceeding 6 months.(5) The cost of medical examinations required by this regulation shall be borne by the proprietor of the industrial undertaking concerned. 9. Health Registers (1) The proprietor of every industrial undertaking shall maintain a Health Register in respect of each person medically examined for the purpose of these regulations, in the form set out in the Schedule.(2) The Health Register referred to in paragraph (1) shall be forwarded to the Commissioner on the cessation of the employment in the industrial undertaking of the person to whom it relates, by the proprietor of the industrial undertaking concerned.(3) The register referred to in paragraph (1) shall be open to inspection at all reasonable times by an occupational safety officer. (32 of 2000 s. 48) Part IV Offences 10. Offences (1) If regulation 3(1) or (2) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 53)(1A) If regulation 8(1) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 53)(2) The proprietor of an industrial undertaking who fails to comply with any condition specified in a certificate of exemption granted under regulation 4 commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 53)(3) Any proprietor of an industrial undertaking who fails to comply with the provisions of regulation 6(a) or (c) or 7(1) commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 53)(4) Any proprietor of an industrial undertaking who fails to comply with the provisions of regulation 6(b), 7(2) or 9(1) or (2) commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 53)(5) (Repealed 5 of 2023 s. 53)(6) If regulation 9(3) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 53)(L.N. 53 of 1994; E.R. 1 of 2022) Schedule [reg. 9(1)]Factories and Industrial Undertakings (Carcinogenic Substances) Regulations HEALTH REGISTER OF PERSONS EMPLOYED IN CONNEXIONWITH CARCINOGENIC SUBSTANCES Part 1 (to be filled by proprietor in the course of employment of the person) Name of industrial undertaking: Address: Telephone: PARTICULARS OF EMPLOYED PERSON— Name: Sex: Date of birth: Identity Card (or otheridentification document) No.: Address: Telephone: REGISTER OF 6-MONTHLY MEDICAL EXAMINATION— Date ofexamination Date urine sample provided Name of appointedmedical practitioner PERIODS OF EMPLOYMENT IN CONNEXION WITH SUBSTANCES UNDER THE REGULATIONS— Process Name ofSubstance From To 1. 2. 3. 4. Part 2 (to be filled and sent by proprietor on cessation of employment of the person) To: Commissioner for Labour, Labour Department, Hong Kong Pursuant to regulation 9(2) of the Factories and Industrial Undertakings (Carcinogenic Substances) Regulations, this register is forwarded herewith. (Chop of industrial undertaking) Signature: Name: Position: Date: Notes:1. In accordance with regulation 8 every person who is or has been employed in any manufacture, process or work referred to in regulation 5 is required to be medically examined at intervals of not more than 6 months so long as his employment in the industrial undertaking continues. The medical examination includes exfoliative cytology of the urine.2. Employed persons are required to submit themselves for medical examination at the appointed time and to provide a urine sample.