Discuss whether the principal contractor satisfies

Assignment

Promotion of safety and health at work requires the co-operation of the employers and the employers. The Hong Kong Occupational Safety and Health Ordinance imposes general duties on employers and employees with regard to safety and health at work. Construction site of building project is one of the workplaces with high risk. In this connection, answer the following questions:

Explain the legal duties (Section 6(2)) of principal contractor according to the Hong Kong Occupational Safety and Health Ordinance with suitable examples. The word count would be about 500.

If a worker got serious injury while at work in a construction site due to improper equipment, tool or personal protective equipment, explain and discuss whether the principal contractor satisfies with the legal duties stated in Q1. (with reasonable assumptions). The word count would be about 500.

Responsibility for Safety and Health of Employees at Work Occupational Safety and Health Ordinance Section 6 Employers to ensure safety and health of employees

(1) Every employer must, so far as reasonably practicable, ensure the safety and health at work of all the employer`s employees.

(2) The cases in which an employer fails to comply with subsection (1) include (but are not limited to) the following-

(a) a failure to provide or maintain plant and systems of work that are, so far as reasonably practicable, safe and without risks to health;

(b) a failure to make arrangements for ensuring, so far as reasonably practicable,
safety and absence of risks to health in connection with the use, handling, storage or transport of plant or substances;

(c) a failure to provide such information, instruction, training and supervision as may be necessary to ensure, so far as reasonably practicable, the safety and health at work of the employer`s employees;

(d) as regards any workplace under the employer`s control-

(i) a failure to maintain the workplace in a condition that is, so far as reasonably practicable, safe and without risks to health; or
(ii) a failure to provide or maintain means of access to and egress from the
workplace that are, so far as reasonably practicable, safe and without any such risks;

(e) a failure to provide or maintain a working environment for the employer`s employees that is, so far as reasonably practicable, safe and without risks to health.

(3) An employer who fails to comply with subsection (1) commits an offence and is liable- (Amended 5 of 2023 s. 65)

(a) on summary conviction-to a fine of $3,000,000; or

(b) on conviction on indictment-to a fine of $10,000,000. (Amended 5 of 2023 s. 65)

(4) An employer who fails to comply with subsection (1) intentionally, knowingly or recklessly commits an offence and is liable- (Amended 5 of 2023 s. 65)

(a) on summary conviction-to a fine of $3,000,000 and to imprisonment for 6 months; or

(b) on conviction on indictment-to a fine of $10,000,000 and to imprisonment for 2 years. (Amended 5 of 2023 s. 65)