### Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations 《工廠及工業經營(機械的防護及操作)規例》

13. Offences
(1) A proprietor of a notifiable workplace—
(a) in respect of which regulation 4, 6(2), 7, 8, 9, 10, 11(1), (2) or (3) or 12(1) is contravened commits an offence and is liable on conviction to a fine at level 6; or
(b) in respect of which regulation 11(4) is contravened commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 44)
(2) An employee or a person other than a proprietor who contravenes regulation 12(1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (L.N. 37 of 1994)
(3) An employee who contravenes any of the provisions of regulation 12(2) or 12(3) commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 44)
(L.N. 117 of 1981; E.R. 1 of 2022) 

### Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations 《工廠及工業經營(槍彈推動打釘工具)規例》

1. Citation
These regulations may be cited as the Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
approved tool (認可工具) means a tool, including any part thereof, approved by the Commissioner under regulation 19; (L.N. 329 of 1988)
cartridge (槍彈) means a propellant gas producing cartridge designed for use in a tool;
cartridge-operated fixing tool (槍彈推動打釘工具) means an instrument designed and used for driving pins into structural material, the driving force being derived from a cartridge;
certificate of competency (合資格證明書) means—
(a) a certificate issued by a person who provides courses of training, approved by the Commissioner, in the operation of a tool; or
(b) such other certificate approved by the Commissioner as being equivalent to a certificate referred to in paragraph (a);

construction site (建築地盤) means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of construction work;
direct-acting tool (直接推動工具) means a tool in which the driving force is transmitted to the pin directly from a cartridge;
ear protector (聽覺保護器) includes ear-muffs, ear plugs and ear valves;
indirect-acting tool (間接推動工具) means a tool in which the driving force is transmitted to the pin by means of an intervening piston with limited axial movement;
manufacturer (製造商), in relation to a tool, means the manufacturer of the tool;
operator (操作員) means a person using or employed in using a tool;
pin (釘) includes a nail, stud, eyelet, eyepin, fastener or other similar object which is driven into structural material by means of a tool;
protective equipment (防護設備) means safety goggles, safety helmets and ear protectors;
tool (工具) means a cartridge-operated fixing tool.

3. Application
These regulations apply in relation to the use of any tool in an industrial undertaking.

4. Only approved tools to be used
No tool other than an approved tool shall be used in an industrial undertaking.

### Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations 《工廠及工業經營(槍彈推動打釘工具)規例》

5. Operational condition of tools
(1) Every tool shall be maintained in such condition that it can be operated only—
(a) when fitted with a splinter guard at right angles to the axis of the barrel and at the end of the barrel. In the case of a direct-acting tool the splinter guard shall be so maintained that the distance from the outer edge of the guard to the axis of the barrel shall not be less than 50 mm;
(b) when the splinter guard is in firm contact with the material to be pierced and the splinter guard and barrel are fully pressed home against the surface of the material;
(c) when the barrel and splinter guard are pressed against the surface of the material to be pierced with a pressure exceeding 5 kg; and
(d) in the case of a direct-acting tool, when the axis of the barrel is at an angle of less than 7 degrees to a line perpendicular to the work surface.
(2) Every tool shall be maintained in such condition that it cannot operate—
(a) when the tool is being loaded;
(b) when the tool is dropped on to a hard surface from a height not exceeding 300 cm; and
(c) when any part of the tool has been assembled incorrectly or when the separate parts required to be dismantled or manipulated for loading have not been firmly locked together.
(3) Every tool shall be maintained properly and free from patent defects.

6. Pins
(1) No pins other than those which correspond to the manufacturer’s specifications for the particular type and make of tool shall be used in the operation of that tool.
(2) Pins, including their caps or rings, shall be of a size in conformity with the bore of the barrel of the tool.

7. Cartridges
No cartridges other than those which correspond to the manufacturer’s specifications for the particular type and make of tool shall be used in the operation of that tool.

8. Tool markings
Every tool shall be kept clearly and permanently marked, in English or in Chinese, either on the tool or on a plate fixed to it, with—
(a) the manufacturer’s name or trade mark;
(b) the type or model of the tool; and
(c) its serial number.

9. Storage of tool and ancillary equipment
(1) A tool box, or other similar container, which is of strong construction and fitted with suitable means for locking it shall be provided for the storage of every tool, its cartridges, pins and ancillary equipment.
(2) A loaded tool shall not be stored in the tool box or other container provided under paragraph (1).
(3) While a tool is not required for use it shall be kept in the tool box, or other container, provided under paragraph (1), which shall be locked and stored in a secure place.