### Occupational Safety and Health Ordinance 《職業安全及健康條例》

16. Holding of informal inquiry into workplace accident or dangerous occurrence
(1) Whenever an accident or dangerous occurrence occurs in a workplace, the Commissioner may arrange for an inquiry to be held to determine the causes of the accident or occurrence and the circumstances in which it occurred.
(2) An occupational safety officer designated by the Commissioner is to conduct the inquiry.
(3) The occupational safety officer designated to conduct an inquiry is required to conduct the inquiry in an informal manner and to report the findings of the inquiry to the Commissioner. The report must be in writing.
(4) The occupational safety officer conducting an inquiry may terminate the inquiry if, in the course of the inquiry, that officer considers that it is not possible to conclude the inquiry—
(a) because a person who appears to that officer to have relevant information or relevant documents is unable or unwilling—
(i) to provide the information; or
(ii) to produce the documents; or
(iii) to answer questions about any relevant matter; or
(b) for any other reason.
(5) On terminating an inquiry under subsection (4), the occupational safety officer concerned must notify the termination to the Commissioner. The notice must be in writing and must state the reasons for the termination.
(6) This section applies to an accident or dangerous occurrence whether or not it involves the death of, or bodily injury to, a person.

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

18. Coronial inquest not affected by inquiry under section 17
The holding of an inquiry under section 17 does not affect the holding of an inquiry under the Coroners Ordinance (Cap. 14).

19. Appointment of officers to administer Ordinance
(1) The Chief Executive may appoint a Commissioner for Labour and such other officers as the Chief Executive considers necessary for the administration and enforcement of this Ordinance and the Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 54 of 2000 s. 3)
(2) Persons holding office under section 3 of the Factories and Industrial Undertakings Ordinance (Cap. 59) immediately before the commencement of this section are taken to be appointed under subsection (1) on the same terms and with the same entitlements as those applicable to those persons immediately before that commencement.

20. Commissioner may assign designations to officers
(1) The Commissioner may designate as occupational safety officers any of the officers appointed or taken to be appointed under section 19.
(2) The Commissioner may also assign ranks to those officers and designations and ranks to other officers so appointed or taken to be so appointed.
(3) The Commissioner is, by virtue of holding office as such, an occupational safety officer.
(4) Persons who are taken to be appointed under section 19 and who, immediately before the commencement of this section, were inspectors within the meaning of the Factories and Industrial Undertakings Ordinance (Cap. 59) are taken to be occupational safety officers.
(5) The following persons are also occupational safety officers—
(a) every health officer;
(b) any other public officer authorized in writing by the Commissioner, either generally or specially for a specific purpose or occasion, to exercise and perform the functions of an occupational safety officer.

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

21. Exercise or performance of functions by occupational safety officers
(1) The Commissioner is required to issue a certificate of authority to each occupational safety officer (other than the Commissioner or a health officer).
(2) A certificate of authority must—
(a) state that it is issued under this Ordinance; and
(b) give the name of the person to whom it is issued; and
(c) describe the nature of the functions conferred or imposed on the person; and
(d) state that it is issued with the Commissioner’s authority.
(3) When exercising or performing a function under this Ordinance or any other Ordinance, an occupational safety officer—
(a) may be accompanied and assisted by such persons as the officer reasonably requires in order to exercise or perform the function; and
(b) must, if required to do so, produce for inspection the officer’s certificate of authority.
(4) Subsection (3)(b) does not apply to the Commissioner or a health officer, but, when exercising or performing a function of an occupational safety officer, the Commissioner or a health officer must, if required to do so, produce for inspection evidence of his or her appointment as such.

22. Power to enter premises where workplace is located
(1) An occupational safety officer may, without warrant, enter and inspect premises if the officer believes on reasonable grounds that—
(a) the premises are being used as a workplace; or
(b) a contravention of this Ordinance is being or has been committed on the premises.
(2) A magistrate may, on the application of the Commissioner, issue a warrant authorizing an occupational safety officer to enter premises with such force as may be necessary if the magistrate is satisfied, on sworn information—
(a) that—
(i) an occupational safety officer has sought admission to those premises but admission has been refused; or
(ii) refusal of admission to the premises is reasonably expected; or
(iii) the premises are unoccupied; or
(iv) the case is one of urgency; and
(b) that there is a good reason for an occupational safety officer to enter the premises.
(3) On leaving unoccupied premises entered in accordance with this section, an occupational safety officer must ensure that they are as effectively secured against trespassers as the officer found them at the time of entry.
(4) A warrant issued under this section continues in force for 1 month or until the purpose for which entry is required has been fulfilled, whichever first occurs.

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

24. Occupational safety officer may request certain information
(1) An occupational safety officer may request a person to provide—
(a) information that may identify the occupier of premises that the officer reasonably believes to be a workplace; or
(b) information that may assist the officer to determine whether or not a contravention of this Ordinance is being or has been committed,
but only if the officer reasonably believes that the person has that information and cannot reasonably obtain the information from another source.
(2) A person who—
(a) without reasonable excuse, refuses to comply with a request made to the person under subsection (1); or
(b) in response to such a request, provides information that the person knows or ought reasonably to know is false or misleading,
commits an offence and is liable on conviction to a fine at level 6. (Amended 5 of 2023 s. 75)
(3) A person does not have a reasonable excuse for refusing to comply with a request made under subsection (1) only because provision of the information might tend to incriminate the person. However, neither the request nor the information is admissible in criminal proceedings (other than proceedings charging the person with having committed in relation to the provision of the information an offence under subsection (2))—
(a) if, before complying with the request, the person claims that the information provided might tend to incriminate the person; or
(b) if the person’s entitlement to make such a claim was not brought to the person’s attention before the request was complied with.
(4) The power conferred by this section may be exercised whether or not the occupational safety officer concerned is on premises entered in accordance with section 22.

25. Occupational safety officer may require responsible person to exhibit notice in workplace
(1) An occupational safety officer may require the person responsible for a workplace to exhibit at the workplace any specified notice relevant to—
(a) the operation of this Ordinance; or
(b) any plant or substance installed or kept at the workplace; or
(c) any commercial or industrial activity carried on at the workplace.
(2) A requirement under this section must be in writing and may specify the period for which, and the manner and place in which, the relevant notice is to be exhibited.
(3) If no such period is specified, the person responsible for the workplace must exhibit the notice for not less than 12 months. If no such place or manner is specified, that person must exhibit the notice conspicuously in a part of the workplace frequently visited by the employees concerned.
(4) A person responsible for a workplace who, without reasonable excuse—
(a) fails to comply with a requirement made under this section; or
(b) contravenes subsection (3),
commits an offence and is liable on conviction to a fine at level 6. (Amended 5 of 2023 s. 76)