Hong Kong Metropolitan University Li Ka

Shing School of Professional and Continuing

Education

OSH5002 Assessment
Legislative Context in Occupational Health
and Safety

Name: Wong Wan Ching

Student No. 12316464
Introduction
I am Safety Officer (Victor Wong) of ABC Construction Company and our company is
responsible to replace underground drainage pipes for the Drainage services. The pipes are
2.7M below the road surface. And this construction site involved different parties in the
working environment for the monitor and management. A further to understand the health
and safety hazards of the workplace environment during worker works in the construction
site, we conduct a series of site inspections and observe health and safety issues that
provide and improve safe and effective precautions to workers and environment, also
understand what construction site is in violation of regulations.
Hazard identification of different work processes
Firstly, an excavator is used for lifting drainage pipe that the excavator may overturn from
the edge opening area. According to COP-excavator 8.3.8, the safety area should be settled
and not less than 600 milometers wide between excavator and fixed structure. Moreover,
the being struck by the moving objects and object falling into trench during the workers
stacked the tools and materials near the edge of the trench. Breakage of arm will appear in
the operation. Other hazards on using excavator for lifting operation may hit overhead
power cable by excavation jib causing electrocution.

Secondly, there are two containers are used as site offices may lead to the workers fall at
height into trench, also site office is near edge of excavation cause the side of those places
to collapse. Also, the drainage pipes resting on the slope rolling down and collide with
people.

Thirdly, the excavating and excavation will generate the noise and dust during the digging
dirt or moving material, and there is the risk to have workers on both sides of edge
opening area for preparatory operation that being struck by moving object and object
falling into trench. Trip, slip or fall of workers. Moreover, the excavator will use during
the whole excavation, this process may lead to overturning into trench. According to
photograph A, we found excavated soil and new drainage pipes near the edge area, so that
is the great chance to happen on suffocation arising from collapse of soil and the object
fall at height. And 3,300V lived electrical cable may damage during the excavation that
electric shock, fire, explosion will be happened. Workers in outdoor workplace for manual
handling may cause heat stroke due to the hot weather factors.

Fourthly, the width of access is insufficient 400 mileometers for workers, it easy to cause
workers the time of walk pass will fall from the height, and damage the underground
facilities will cause electric shock, fire, explosion by the workers falling into trench.
Fifthly, the potential hazard in the excavation is the installation of underground pipes,
based on the workplace environment where the workers may slip, trip or fall on same level
or different level for moving the drainage pipes. Furthermore, the workers may sprain or
strain during to installation of drainage pipes or fall of person into trench from height.
Safety precautionary, statutory test and examinations
Concerning the excavator used for lifting drainage pipes that we should be conducting
further precaution as below; for the personal, excavators can only be operated by persons
who are 18 years of age and have a valid certificate that avoid accident by unqualified
person to operate the excavator. Moreover, according to workplace environment,
protective barriers should be fenced around the excavator to separate from the staff and
provided signaller (qualified personnel) for operator excavators or other lifting equipment
to achieve a clear and unrestricted view of the work area.
CCTV should be installed, rear-view mirrors and rear-view mirrors on the excavator to let
the operator understand the situation in work. During the excavator operating, warning
sign should be displayed that to ensure no one shall stand on the track during the operation
of the excavator. So that is the double guarantee to protect workers entering the excavator
operation.
In other words, electrical cable above the site office should be displayed the warning sign
of restricted area and using the colour label to cover the cable for identification. By the
same token, provide adequate and properly placed obstacles to prevent the excavator from
striking the overhead power cable.
Even more, we need to check the relevant lifting equipment by a qualified examiner
(Statutory Forms 6 and 7) before using the excavator. Also, ensure that the excavator has
been inspected, thoroughly inspected, and tested in accordance with LALGR (Statutory
Forms 1, 4 and 5).

About the site office of two containers, excavation should be provided with side obstacles
and excavation warning notice Moreover, Location signage should be displayed such as
site office, first-aid station etc. And drain should be relocated to a flat surface with a
suitable fence and container cannot be placed near the edge of the excavation. In order to
avoid the fire in construction site which the fire extinguisher should be provide around the
workplace and displayed the lay-out plan for the location of fire extinguisher. It can let all
workers understand where the fire extinguisher location are.

In addition to the excavating & excavation, utility layout out should be checked before
starting any excavation and use hand digging when digging near public facilities. Also, the
shoring should be provided by suitable wood and other material from a structure made
regards to excavation work with a depth of more 1.2m and height of the excavated material
should not exceed 2 meters and should be properly covered. Support existing cables by
hangers suspended from the ground. At least 7 days after the start of excavation (from 4),
until excavation with a depth of more than 1.2 m is completed, at least once by qualified
personnel. Make sure that no heavy objects are placed and that no heavy vehicles or
factories are moving or placed near the edge of the excavation. Keep the work area clean
and tidy. A suitable barrier should be provided at the edge of the excavation, from which
personnel can drop more than 2 meters, and providing and properly maintaining adequate
safety access and exit. Working area should be fenced by barriers. No one should stand on
the track during the operation of the bulldozer. Signalling operator excavators or other
lifting equipment for a clear and unrestricted view of the work area. Excavators can only
be operated by trained and capable workers. Cold water and cooling facilities such as fans
should be provided in the summer. Personal protective equipment such as safety hats,
safety shoes, earmuffs, gloves, masks, and goggles should be provided and reminded to
wear. If the excavator operator unattached vehicle should be turned off the engine.

Moreover, the site access should be improved to at least 400 milometer width and
provided the plastic barriers both sides on the access. 650 milometer width at least for the
vehicle or machine pass the access should be provided. Otherwise, it could not be defined
the access and not allow to use in construction site.

Finally, the installation of drainage pipe by worker should be provide appropriate training
for workers (manual handling training) to enhance worker awareness, settled obstacles
along the side and issue a notice of excavation warning, sufficiently safe access trench,
personal protective equipment such as safety hats, safety shoes, earmuffs, gloves, masks,
and goggles should be provided and reminded to wear.
Safety legislation
 Cap 59I reg 39 Safety of excavations, etc.
Refer to appendix A
 Cap 59I reg 40 Fencing of excavations, etc.
Refer to appendix B
 Cap 59I reg 41 Safeguarding the edges of excavations, etc.
Refer to appendix C
 Cap 59I reg 41A Requirements for emergency escape
Refer to appendix D
 Cap 59I reg 42 Prevention of inhalation of dust and fumes
Refer to appendix E
 Cap 59I reg 43 Protection of eyes
Refer to appendix F
 Cap 59I reg 45 Trained and competent workmen to operate mechanical equipment
Refer to appendix G
 Cap 59I reg 47 Use of electricity on construction sites
Refer to appendix H
 Cap 59I reg 48 Safety helmets
Refer to appendix I
 Cap 59I reg 49 Protection from falling materials
Refer to appendix J
 Cap 59I reg 52 Materials kept on construction sites
Refer to appendix K
 Cap 59I reg 52A Prevention of drowning
Refer to appendix L
 CAP 59J FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING
APPLIANCES AND LIFTING GEAR) REGULATIONS
Refer to appendix M
 CAP 59AG FACTORIES AND INDUSTRIAL UNDERTAKINGS
(LOADSHIFTING MACHINERY) REGULATION
Refer to appendix N
 Cap 59 s 6A General duties of a proprietor
Refer to appendix O
 Cap 59 s 6B General duties of persons employed
Refer to appendix P
Recommendation
According to find out above hazards in the construction site, we suggest 14
recommendations for safety precaution and improvement the working environment as
below,
1. Check the utility layout plan before starting any digging
2. Excavation should be checked by qualified personnel at least once every seven days
(Form 4)
3. Structures made of suitable wood or other suitable materials related to excavation work
shall be erected
4. A suitable barrier should be placed at the edge of the excavation, and personnel can
drop more than 2 meters from the edge.
5. Make sure no heavy objects are placed and no heavy vehicles or factories are moving or
placed near the edge of the excavation
6. Provide adequate safety passages and exits and maintain them properly
7. Wear personal protective equipment (hardhats, safety shoes, earmuffs, gloves, masks
and goggles)
8. Excavators can only be operated by persons who are 18 years of age and have valid
documents.
9. Provide adequate and properly placed obstacles to prevent the excavator from striking
the power cable
10. Housekeeping should be kept clean and tidy in work area
11. Surabaya rescue equipment should always be available
12. Safety fences should be provided to prevent this from falling to the waterfront
13. Ensure that the excavator has been inspected, thoroughly inspected and tested in
accordance with LALGR (Statutory forms 1, 4 and 5).
14. Check the relevant lifting tools by qualified inspectors (Statutory forms 6 and 7)
Conclusion
The risk of trench excavation is the high-risk working processes in construction site, and
its hazard and safe operation cannot be ignored and need to be improvement the existing
environment. Lack of alertness, hidden dangers of training and monitoring lead to the main
cause of the accident that the most important aim is protect the workers who can working
efficiency and safety. Therefore, the responsible person, including the owner, contractor,
supervisor and workers, must cooperate to establish the establishment and effective
implementation of a safe working system, only to prevent accidents.
 Appendix a
Cap 59I reg 39 Safety of excavations, etc.
(1) The contractor responsible for any construction site at which excavating or earth
working operations are being carried on and any contractor who has direct control over the
operations shall cause a structure made of suitable timber or other suitable material to be
erected in connexon with the operations as soon as may be necessary after their
commencement so as to prevent workmen employed on the site from being endangered by
a fall or displacement of earth, rock, or other material (including waste material and
debris) adjacent to or forming the side of the excavation or earthwork. (L.N. 258 of 2003)
(2) The contractors shall- (L.N. 258 of 2003)
(a) cause every part of the excavation or earthwork where workmen are employed to be
examined by a competent person at least once in every period of 7 days after the
commencement of the excavation or earthwork until it is completed or abandoned; and (b)
ensure that after any such examination no further work in respect of the excavation or
earthwork is carried on until there has been obtained from that person in respect of the
examination, or in respect of any further examination that may be necessary, a report in the
approved form which includes a statement to the effect that the excavation or earthwork,
and every structure erected under paragraph
(1), is safe and secure. (L.N 21 of 1994)
(3) A report under paragraph (2) of an examination and the results thereof, signed by the
person carrying out the examination, shall be- (a) made in the approved form and contain
the prescribed particulars; and (L.N 21 of 1994)
(b) delivered forthwith to the contractor responsible for the construction site concerned and
the contractor who employs that person to carry out the examination. (L.N. 257 of 2003;
L.N. 258 of 2003)
(4) This regulation shall not apply- (a) to an excavation or earthwork where, having regard
to the nature and slope of the sides of the excavation or earthwork and other
circumstances, no fall or dislodgment of earth, rock, or other
material is liable to occur- (i) so as to bury or trap a workman or other person employed in
or near the excavation or earthwork; or
(ii) so as to strike any such workman or person from a height of more than 1.2 metres; or
(L.N. 280 of 1978; L.N. 238 of 1983)
(b) in relation to a workman actually engaged in the erection of any structure or in
rendering any excavation or earthwork safe, or to a person engaged in examining any such
structure, if other precautions which are reasonably adequate to ensure his safety are taken.
 Appendix b
Cap 59I reg 40 Fencing of excavations, etc. (1) Subject to paragraph (2), the contractor
responsible for any construction site where there is an excavation, shaft, pit, or opening in
the ground into or down the side of which a workman or other
person lawfully on the site is liable to fall a distance of more than 2 metres and any
contractor who has direct control over the excavation or any construction work in the
shaft, pit or opening shall, for the purpose of preventing any such fall, so far as practicable
ensure that either- (L.N. 238 of 1983; L.N. 258 of 2003)
(a) a suitable barrier is erected as close as is reasonably practicable to the edge of the
excavation, shaft, pit or opening; or (b) the excavation, shaft, pit, or opening is securely
covered. (2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or
opening while (and to the extent to which) the absence of such barrier and covering is
necessary for the access of persons or for the movement of plant or equipment or materials
or while (and to the extent to which) it has not yet
been practicable to erect such barrier or covering since the formation of that part of the
excavation, shaft, pit or opening. (L.N. 238 of 1983)

Appendix c
Cap 59I reg 41 Safeguarding the edges of excavations, etc.
The contractor responsible for any construction site at which there is an excavation, shaft,
pit or opening in the ground, and any contractor who has direct control over the excavation
or any construction work in the shaft, pit or opening, shall ensure that- (L.N. 258 of 2003)
(a) no material is placed or stacked close to the edge of the excavation, shaft, pit, or
opening so as to endanger any person who is working in it; and
(b) no load or plant is placed or moved near the edge of the excavation, shaft, pit or
opening if it is likely to cause the side of the excavation, shaft, pit, or opening to collapse
and thereby endanger any person.

Appendix d
Cap 59I reg 41A Requirement for emergency escape
The contractor responsible for any construction site, at which there is an excavation, shaft,
tunnel, pit or opening in the ground and where there is reason to apprehend danger to
persons employed therein from rising water or from an irruption of water or material and
any contractor who has direct control over the excavation or any construction work in the
shaft, tunnel, pit or opening, shall ensure that adequate means are provided, so far as
practicable, to enable such persons to reach positions of safety in the event of emergency.
 Appendix e
Cap 59I reg 42 Prevention of inhalation of dust and fumes
Where any construction work involves the grinding, cleaning, spraying, mixing, or
working of any material which causes dust or fumes to be given off of a character and
extent likely to be injurious to the health of workmen employed in the work, the contractor
responsible for the work and any contractor who has direct control over the work shall take
all reasonable steps as are necessary to prevent the inhalation of the dust or fumes by the
workmen, either by providing adequate ventilation or
by the provision and use of suitable respirators or other effective means.

Appendix f
Cap 59I reg 43 Protection of eyes
The contractor responsible for any construction site, where there is carried on any process
which results in particles of material or dust being produced in such a manner as to be
likely to enter or damage the eyes of any workman engaged in the process, and any
contractor who has direct control over the process, shall ensure that- (L.N. 258 of 2003)
(a) suitable goggles or effective screens are provided for the protection of the workman;
and
(b) the workman uses the goggles or screens, as the case may be.

Appendix g
Cap 59I reg 45 Trained and competent workmen to operate mechanical equipment
(1) The contractor responsible for any mechanical equipment and any contractor who has
direct control over any construction work which involves the use of the equipment shall
ensure that, when it is used on a construction site, it is not operated except by a workman
who is trained and competent to operate
it: (L.N. 258 of 2003)
Provided that the equipment may be operated by a workman not so qualified if he is
operating it under the supervision of another worker who is so qualified.
(2) The contractor responsible for any mechanical equipment and any contractor who has
direct control over any construction work which involves the use of the equipment shall
ensure that no person under 18 years of age is employed- (L.N. 258 of 2003)
(a) to operate the equipment; or
(b) to give signals to the operator of the equipment.
(3) In this regulation, "mechanical equipment" (機動設備) includes any bulldozer,
compactor, dumper, excavator, grader, loader, locomotive, lorry, scraper, truck and any
mobile machine which is used for the handling of any material on a construction site.
 Appendix h
Cap 59I reg 47 Use of electricity on construction sites
(1) Where workmen employed at a construction site are liable to come into contact with
any live electric cable or apparatus, the contractor responsible for the site shall, both before
the commencement of the work at the site and during its progress, take such measures
(whether by rendering the cable or apparatus electrically dead or otherwise) as will prevent
them from being endangered by the cable or
apparatus.
(1A) Where workmen employed in carrying out any construction work are liable to come
into contact with any live electric cable or apparatus, any contractor who has direct control
over the construction work shall, both before the commencement of the work at the site
and during its progress, take such measures (whether by rendering the cable or apparatus
electrically dead or otherwise) as will prevent
them from being endangered by the cable or apparatus. (L.N. 258 of 2003)
(2) A contractor responsible for a construction site where there is any electrically charged
overhead cable or apparatus shall take such precautions, by the provision of adequate and
suitably placed barriers or other means, as will prevent the cable or apparatus from being a
source of danger to workmen employed on the site (whether as a result of a lifting
appliance coming into contact with the cable or
apparatus or otherwise).
(3) Any contractor who has direct control over any construction work at any place where
there is any electrically charged overhead cable or apparatus shall take such precautions,
by the provision of adequate and suitably placed barriers or other means, as will prevent
the cable or apparatus from being a source of danger to workmen carrying out the
construction work (whether as a result of lifting
appliance coming into contact with the cable or apparatus or otherwise). (L.N. 258 of
2003)

Appendix i
Cap 59I reg 48 Safety helmets
(1) A contractor responsible for a construction site shall-
(a) provide each workman employed on the site with a suitable safety helmet; and
(b) take all reasonable steps to ensure that no workman remains on the site unless he is
wearing a suitable safety helmet.
(1A) Any contractor who has direct control over any construction work shall-
(a) provide each workman employed to carry out the construction work with a suitable
safety helmet; and
(b) take all reasonable steps to ensure that no workman employed to carry out the
construction work remains on the site unless he is wearing a suitable safety helmet. (L.N.
257 of 2003; L.N. 258 of 2003)
(2) No person shall enter a construction site unless he is wearing a suitable safety helmet.

Appendix j
Cap 59I reg 49 Protection from falling materials
(1) Where workmen are employed at any place on a construction site, the contractor
responsible for the site shall take such precautions as are necessary to prevent any
workman working at that place from being struck by any falling material or object.
(1A) Where workmen are employed to carry out any construction work, any contractor
who has direct control over the construction work shall take such precautions as are
necessary to prevent any workman carrying out the construction work from being struck
by any falling material or object. (L.N. 258 of
2003)
(2) The contractor responsible for a construction site, and any contractor who has direct
control over any construction work which involves the use of scaffolding materials, tools
or other objects and materials, shall take steps to ensure that they are- (L.N. 258 of 2003)
(a) not thrown, tipped, or shot down from a height where they are liable to cause injury to
any person on or near the site; and
(b) where practicable, properly lowered in a safe manner by means of a lifting appliance or
lifting gear.
3) At any construction site where proper lowering is impracticable or where any part of a
building or other structure is being demolished or broken off, the contractor responsible for
the construction site shall take all reasonable steps as are necessary to protect workmen
employed at the site from falling or flying debris. (71 of 1989 s. 13)
(4) In any construction work where proper lowering is impracticable or where any part of a
building or other structure is being demolished or broken off, any contractor who has
direct control over the construction work shall take all reasonable steps as are necessary to
protect any workman employed at the site from falling or flying debris. (L.N. 258 of 2003)

Appendix k
Cap 59I reg 52 Materials kept on construction sites
(1) The contractor responsible for a construction site shall ensure that all platforms,
gangways, floors, or other places on the site used as passageways are kept clear of any
loose materials which are not required for immediate use.
(1A) Any contractor who has direct control over any construction work shall ensure that
all platforms, gangways, floors, or other places used as passageways to the place where the
construction work is being carried out are kept clear of any loose materials which are not
required for immediate use. (L.N. 258 of 2003)
(2) The contractor responsible for any construction site where materials are being kept or
stored and any contractor who has direct control over any construction work which
involves the use of the materials that are being kept or stored in the site shall ensure that
they are not- (L.N. 258 of 2003)
(a) insecurely stacked in a place where they may be dangerous to workmen employed at
the site; or
(b) stacked in such a way as to overload and render unsafe any floor or other part of a
building or structure on the site.
Appendix l
Cap 59I reg 52A Prevention of drowning
(1) Where a construction site is situated on, or adjacent to, water into which a workman is
liable to fall with risk of drowning, the contractor responsible for the site shall
(a) provide suitable rescue equipment and keep it in an efficient state; and
(b) take measures to arrange for the prompt rescue of any such person in danger of
drowning. (1A) Where any construction work is carried out on a place situated on, or
adjacent to, water into which a workman is liable to fall with risk of drowning, any
contractor who has direct control over the construction work shall-
(a) provide suitable rescue equipment and keep it in an efficient state; and
(b) take measures to arrange for the prompt rescue of any such person in danger of
drowning. (L.N. 258 of 2003)
(2) Where there is a special risk of such a fall from land or from a structure adjacent to or
above the water or from a floating stage, the contractor responsible for the construction
site and any contractor who has direct control over any construction work on the land,
structure or floating stage shall provide secure fencing to prevent such a fall. (L.N. 258 of
2003)
(3) Any fencing provided under paragraph (2) may be removed or remain unelected for the
time and to the extent necessary for the access of persons or the movement of materials.

Appendix M
Cap 59J reg 5 Lifting appliances to be tested and examined prior to use
(1) The owner of a lifting appliance shall ensure that it is not used unless it has been
thoroughly examined by a competent examiner at least once in the preceding 12 months,
and 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 has been obtained.
(2) The owner of a lifting appliance other than a crane, crab or winch shall ensure that it is
not used unless it has been tested and thoroughly examined by a competent examiner in
the manner prescribed in the First Schedule, and 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 has been obtained.
(3) The owner of any crane, crab or winch shall ensure that it is not used unless during the
preceding 4 years it has been tested and thoroughly examined by a competent examiner in
the manner prescribed in the First Schedule, and 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 has been obtained.
4) If any lifting appliance of the description mentioned in paragraph (1) or (2) has been
thoroughly examined or tested and thoroughly examined, as the case may be, in
accordance with those paragraphs but has since undergone substantial repair, re-erection,
failure, overturning or collapse, the owner of the lifting appliance shall ensure that it is not
used unless it has been further tested and thoroughly examined by a competent examiner,
and there has been obtained from him in respect of the test and thorough examination a
certificate in the approved form in which he has
made a statement to the effect that it is in safe working order.
(5) If any crane, crab or winch has been tested and thoroughly examined but has since
undergone substantial repair, re-erection, failure, overturning or collapse, the owner of the
crane, crab or winch shall ensure that it is not used unless it has been further tested and
thoroughly examined by a competent examiner, and there has been obtained from him in
respect of the test and thorough examination a certificate in the approved form in which he
has made a statement to the effect that it is in safe working order.
Cap 59J reg 7A Periodical inspection by a competent person
The owner of a lifting appliance shall ensure that it is not used unless it has been inspected
within the preceding 7 days by a competent person and the competent person has given the
owner a certificate in the approved form in which he has made a statement to the effect
that the lifting appliance is in safe working order.
Cap 59J reg12 Load not to exceed the safe working load
The owner of a lifting appliance shall ensure that it is not used if it is loaded beyond the
maximum safe working load: Provided that, for the purpose of enabling tests of any such
appliance to be carried out, the safe working load may be exceeded by such amount as the
competent examiner appointed to carry out the test may authorize.

Appendix N
Cap 59AG s3 Operation of loadshifting machine
The responsible person of a loadshifting machine shall ensure that the machine is only
operated by a person who (a) has attained the age of 18 years; and
(b) holds a valid certificate applicable to the type of loadshifting machine to which that
machine belongs.
 Appendix O
Cap 59 s 6A General duties of a proprietor
(1) It shall be the duty of every proprietor of an industrial undertaking to ensure, so far as
is reasonably practicable, the health and safety at work of all persons employed by him at
the industrial undertaking.
(2) Without prejudice to the generality of a proprietor's duty under subsection (1), the
matters to which that duty extends include in particular-
(a) the provision and maintenance of plant and systems of work that are, so far as is
reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of
risks to health in connection with the use, handling, storage and transport of articles and
substances;
(c) the provision of such information, instruction, training and supervision as is necessary
to ensure, so far as is reasonably practicable, the health and safety at work of all persons
employed by him at the industrial undertaking;
(d) so far as is reasonably practicable as regards any part of the industrial undertaking
under the proprietor's control, the maintenance of it in a condition that is safe and without
risks to health and the provision and maintenance of means of access to and egress from it
that are safe and without such risks; and
(e) the provision and maintenance of a working environment for all persons employed by
him at the industrial undertaking that is, so far as is reasonably practicable, safe, and
without risks to health.
(3) Subject to subsection (4), a proprietor of an industrial undertaking who contravenes
this section commits an offence and is liable to a fine of $500000. (Amended 40 of 1997 s.
2)
(4) A proprietor of an industrial undertaking who contravenes this section wilfully and
without reasonable excuse commits an offence and is liable to a fine of $500000 and to
imprisonment for 6 months. (Amended 40 of 1997 s. 2)

Appendix P
Cap 59 s 6B General duties of persons employed
(1) It shall be the duty of every person employed at an industrial undertaking while at
work
(a) to take reasonable care for the health and safety of himself and of other persons who
may be affected by his acts or omissions at work; and
(b) as regards any duty or requirement imposed on a proprietor of the industrial
undertaking or on any other person by this Ordinance for securing the health and safety of
persons employed at the industrial undertaking, to co-operate with him so far as is
necessary to enable that duty or requirement to be performed or complied with.
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine at
level 4. (Amended 40 of 1997 s. 3)
(3) A person employed at an industrial undertaking who wilfully and without reasonable
excuse does anything while at work likely to endanger himself or other persons commits
an offence and is liable to a fine of $50000 and to imprisonment for 6 months. (Amended
81 of 1993 s. 4)