### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

1. Citation
These regulations may be cited as the Factories and Industrial Undertakings Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
“dangerous occurrence” (危險事故) means any occurrence specified in the First Schedule; (L.N. 132 of 1969)
“executive” (幹事會), in relation to a trade union, means the body to which the management of the affairs of the trade union is entrusted by the members and also means any person for the time being carrying out the functions of a president, chairman, vice-chairman, secretary or treasurer of a trade union; (L.N. 132 of 1969)
“fire-resisting material” (耐火物料) means a building material certified by the building authority to be fire-resisting;
“identity card” (身分證) means an identity card issued under the Registration of Persons Ordinance (Cap. 177); (L.N. 132 of 1969)
“material” (物料) includes waste material and debris; (L.N. 157 of 1978)
“mill-gearing” (傳動裝置) includes every shaft, wheel, drum and pulley and every other appliance by which motion or power is communicated to any machine;
“overburden” (覆蓋層), in respect of a quarry, means any other substance which overlies the granite, porphyry or limestone which is extracted in the quarry; (L.N. 29 of 1969)
“trade union” (職工會) means a trade union which is registered under the Trade Unions Ordinance (Cap. 332). (L.N. 132 of 1969)
(11 of 1980 s. 6; L.N. 302 of 1996)

16A. Application of Part IIA
This Part shall apply to the following industrial undertakings—
(a) mines;
(b) quarries; and
(c) industrial undertakings involving tunnelling operations.
(L.N. 132 of 1969)

16B. Register of persons employed underground in industrial undertaking
(1) The proprietor of every industrial undertaking to which this Part applies shall maintain or cause to be maintained therein a register in accordance with this regulation.
(2) The register shall be in the prescribed form and shall in respect of every person employed to work underground in the industrial undertaking— (See Second Schedule, Form 1)

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

16C. Employees not to work underground unless examined medically
(1) Subject to regulations 16D and 16E, no person shall be permitted to commence to work underground in an industrial undertaking to which this Part applies unless within the month preceding the date on which the person first commences so to work—
(a) the proprietor has engaged a medical practitioner to examine the person medically in accordance with paragraph (3); and
(b) the senior occupational health officer has issued a certificate under paragraph (4) that the person is fit to work underground in such an industrial undertaking. (L.N. 248 of 1982)
(2) No person under the age of 21 years—
(a) who is employed to work underground in an industrial undertaking to which this Part applies; and
(b) who has been so employed for more than 12 months,
shall be permitted to continue in such employment at any time unless within the preceding period of 12 months—
(i) the proprietor has engaged a medical practitioner to examine the person medically in accordance with paragraph (3); and
(ii)  the senior occupational health officer has issued a certificate under paragraph (4) that the person is fit to work underground in such an industrial undertaking: (L.N. 248 of 1982)

Provided that a person under the age of 21 years who is employed at the date of commencement of this regulation to work underground in an industrial undertaking to which this Part applies may continue to be so employed for a period not exceeding 3 months from such date, notwithstanding that he has not been examined medically as required under sub-paragraph (i) of this paragraph.(3) Where any person is required to be examined medically for the purposes of this regulation—
(a) the proprietor of the industrial undertaking in which the person is employed or is to be employed to work underground shall complete Part I of the prescribed medical examination report in duplicate; (See Second Schedule, Form 2)

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

16D. Exemption from medical examination where employee examined within previous 12 months
(1) Any person—
(a) who has attained the age of 21 years,
(b) who is or has at any time been employed to work underground in an industrial undertaking to which this Part applies,
(c) who has been examined medically in accordance with regulation 16C(3) for the purposes of such employment; and
(d) in respect of whom the senior occupational health officer has, as a result of the medical examination, issued a certificate of fitness under regulation 16C(4), (L.N. 248 of 1982)
may, at any time within 12 months after the date of the medical examination—
(i) be re-employed to work underground in the industrial undertaking; or
(ii) be employed, subject to paragraph (2), to work underground in any other industrial undertaking to which this Part applies,
notwithstanding that in respect of his re-employment in such industrial undertaking, or his employment in such other industrial undertaking, the person has not been examined medically as required under regulation 16C(1)(a).
(2) Before employing any person under paragraph (1)(ii), the proprietor of the industrial undertaking shall obtain from the senior occupational health officer a copy of the certificate issued under regulation 16C(4) in respect of the medical examination. (L.N. 248 of 1982)
(L.N. 132 of 1969)

16E. Exemption from medical examination where work unlikely to take more than 6 months to complete
Where any person who has attained the age of 21 years is to be employed to work underground in any industrial undertaking to which this Part applies, and the Commissioner for Labour or any officer authorized in writing by him is satisfied that the underground work on which the person is to be employed is unlikely to take more than 6 months to complete, the Commissioner for Labour or the authorized officer may give written permission for the employment of the person on such work for such period, not exceeding 6 months, as the Commissioner for Labour or the authorized officer shall specify, notwithstanding that in respect of such employment, the person has not been examined medically as required under regulation 16C(1)(a).
(L.N. 132 of 1969)

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

16F. Disclosure of medical information
(1) At the request of an authorized member of the executive of any trade union which in the opinion of the Commissioner for Labour, or any officer authorized in writing by him, represents any person under the age of 21 years who is employed to work underground in any industrial undertaking to which this Part applies, the Commissioner for Labour or the authorized officer shall supply to such member the following information in respect of the person so employed—
(a) his name;
(b) his identity card number, if any;
(c) his date of birth;
(d) the date which, in the latest medical examination report received by the senior occupational health officer under regulation 16C(4) in respect of the person, is specified as the date on which he first commenced to work underground in the industrial undertaking or as the proposed date on which he was to first commence so to work; and (L.N. 248 of 1982)
(e) the nature of his occupation,
and shall produce for inspection to such member the latest certificate issued under regulation 16C(4) in respect of the person so employed.
(2) No—
(a) proprietor of an industrial undertaking to which this Part applies; or
(b) public officer,
shall disclose to any person any medical information which is obtained on the examination of a person in accordance with regulation 16C(3), unless—
(i) the person to whom the information relates consents to the disclosure;
(ii) the information is disclosed to a public officer acting in the course of his duty; or
(iii) the disclosure of the information is permitted or required under any enactment.
(L.N. 132 of 1969)