### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

38D. Construction and maintenance of scaffolds, etc.
The contractor responsible for any scaffold, ladder or other means of support referred to in regulation 38C and any contractor who has direct control over any work which involves the use of the scaffold, ladder, or other means of support shall ensure that it shall not be used unless it is— (L.N. 258 of 2003)
(a) so designed and constructed that it does not collapse, overturn or move accidentally;
(b) of suitable and sound materials of sufficient strength and capacity for the purpose for which it is to be used; and
(c) properly maintained and every part thereof kept so securely supported or suspended as to ensure, so far as is reasonably practicable, that it is stable.

38E. Trained workmen to erect scaffold under supervision
(1) The contractor responsible for a scaffold on a construction site shall ensure that no such scaffold is erected on the site or substantially added to, altered or dismantled except by workmen who are— (L.N. 258 of 2003)
(a) adequately trained and possess adequate experience of such work; and
(b) under the immediate supervision of a competent person.
(2) Any contractor who has direct control over any erection, substantial addition, alteration or dismantling of any scaffold shall ensure that the scaffold is not erected, added to, altered or dismantled except by workmen who are—
(a) adequately trained and possess adequate experience of such work; and
(b) under the immediate supervision of a competent person. (L.N. 258 of 2003)

### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

38F. Inspection of scaffolds
(1) Subject to paragraph (2), the contractor responsible for a scaffold on a construction site and any contractor who has direct control over any construction work which involves the use of the scaffold shall ensure that the scaffold is not used unless— (L.N. 258 of 2003)
(a) the scaffold—
(i) has been inspected by a competent person before being taken into use for the first time;
(ii) has been inspected by a competent person after any substantial addition, partial dismantling or other alteration;
(iii) has been inspected by a competent person after any exposure to weather conditions likely to have affected its strength or stability or to have displaced any part;
(iv) has been inspected by a competent person at regular intervals not exceeding 14 days immediately preceding each use of the scaffold; and
(b) a report has been made and signed by the person carrying out the inspection in an approved form containing the prescribed particulars which include a statement to the effect that the scaffold is in safe working order.
(2) Paragraph (1) shall not apply in relation to a scaffold from no part of which a person is liable to fall from a height of 2 metres or more.
(3) A report under paragraph (1)(b) of an inspection of a scaffold shall be delivered forthwith by the competent person to the contractor responsible for the scaffold and the contractor who employs him to carry out the inspection. (L.N. 257 of 2003; L.N. 258 of 2003)
(4) The contractors to whom a report is delivered under paragraph (3) shall— (L.N. 258 of 2003)
(a) at all times keep the report, or a copy thereof, on the construction site on which the scaffold to which the report relates is located;
(b) at all reasonable times make that report or copy available for inspection by—
(i) any occupational safety officer who requests to see it;
(ii) any other person who is lawfully on the site (including any person using or proposing to use the scaffold).

38G. Boatswain’s chairs (not power operated)
(1) The contractor responsible for a construction site shall ensure that no boatswain’s chair or similar plant or equipment (not being a boatswain’s chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used on the site. (L.N. 258 of 2003)
(2) Any contractor who has direct control over any construction work shall ensure that no boatswain’s chair or similar plant or equipment (not being a boatswain’s chair or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) is used in the construction work. (L.N. 258 of 2003)

### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

38H. Defences to regulations 38B(1) and (1A) and 38C
(1) It shall be a defence for a contractor charged with an offence under regulation 38B(1) or (1A) or 38C to show— (L.N. 258 of 2003)
(a) that in all the circumstances of the case, it was impracticable to comply with all or any of the requirements of that regulation;
(b) that—
(i) the contractor provided suitable and adequate safety nets and safety belts in lieu of complying with those requirements; or
(ii) in all the circumstances of the case, it was impracticable to provide such safety nets and the contractor provided suitable and adequate safety belts in lieu of complying with those requirements; and
(c) that all reasonably practicable steps were taken to ensure the proper use of the safety belts by the persons to whom they were provided. (L.N. 64 of 1999)
(2) Safety nets shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they are—
(a) of such design and so constructed; and
(b) so erected, maintained and kept in such positions,
as to be effective to protect persons carrying on at a height the work to which the nets relate, to protect persons using any access to or egress from the part of the construction site where that work is being done and to prevent as far as practicable injury to persons falling onto them.
(3) Safety belts shall not be considered as suitable and adequate for the purpose of paragraph (1) unless they—
(a) are attached continuously to a suitable and secure anchorage;
(b) have suitable fittings therefor; and
(c) are of such a design and so constructed and maintained as to prevent injury to persons using them in the event of a fall.

38I. Duty to wear safety belt
Every person working on a construction site who has been provided with a safety belt shall wear it and keep it attached to a secure anchorage whenever the use of the belt is necessary for his own or any other person’s safety.