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

36. Carrying of persons prohibited
The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that it is not used for carrying persons at any time.
(L.N. 552 of 1995; L.N. 258 of 2003)

38. Loads to be safely secured
(1) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall, before it is used, ensure that every part of any load to be raised or lowered by the hoist is— (L.N. 258 of 2003)
(a) securely suspended or supported when being raised or lowered; and
(b) adequately secured so as to prevent danger arising to persons or property as a result of the slipping or displacement of any part of the load.
(2) Where, by reason of the nature or position of the operation the load is liable, while being moved on a hoist or on lifting gear, to come into contact with any object so that the object may become displaced, the contractors shall take all reasonable steps as will ensure that no person lawfully on or near the construction sites where the hoist or gear is being used is endangered by the displacement of the object. (71 of 1989 s. 13)
(3) Where, in connexion with the hoist, or lifting gear a receptacle is used for raising or lowering stone, bricks, tiles, slates, or other objects, the contractors shall cause the receptacle to be enclosed, or to be constructed or designed so as to prevent the accidental fall of any of such objects.
(4) Paragraph (3) shall not apply to a grab, shovel, or similar excavating receptacle if the contractors take effective steps to prevent persons being endangered by a fall of objects therefrom.
(5) The contractor responsible for a hoist and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that neither loose material nor goods are carried on the platform of the hoist unless the platform is enclosed or other effective precautions have been taken to prevent the material or goods from falling from the platform.
(6) The contractor responsible for any hoist which is used for raising or lowering loads and any contractor who has direct control over any construction work which involves the use of the hoist shall ensure that no load is left suspended from the hoist unless a competent person is present to supervise the use of the hoist.
(L.N. 285 of 1993; L.N. 258 of 2003)

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

38AA. Duty of other contractors to ensure safety of places of work
(1) Without prejudice to the other provisions of this Part, any contractor who has direct control over any construction work shall, so far as reasonably practicable—
(a) identify the hazardous conditions of persons working at a height in the construction work;
(b) rectify any hazardous conditions of persons working at a height in the construction work; and
(c) safeguard any person working at a height in the construction work against all hazardous conditions.
(2) Any contractor who has direct control over any construction work shall ensure that, so far as is reasonably practicable, suitable and adequate safe access to and egress from every place of work where the construction work is being carried out is provided and properly maintained.
(3) Subject to paragraph (4), any contractor who has direct control over any construction work shall take suitable and adequate steps to ensure that, so far as is reasonably practicable, no person gains access to any place which is within the place of work where the construction work is being carried out and where any hazardous conditions are present. (L.N. 257 of 2003)
(4) Paragraph (3) shall not apply in relation to a person engaged in work for the purpose of rectifying any hazardous conditions if all reasonably practicable steps have been taken to ensure the safety of that person whilst engaged in that work.
(5) For the purpose of this regulation, hazardous conditions (危險狀況) includes the following conditions that may give rise to a risk of persons falling from a height—
(a) unprotected edge or opening at a place of work;
(b) improper design and construction of a place of work;
(c) inadequate or insecure support or anchoring of a place of work;
(d) improper maintenance of a place of work; 
(e) any working platform (other than a suspended working platform) that fails to comply with the provisions of the Third Schedule applicable to it. (L.N. 257 of 2003)

(6) For the avoidance of doubt, it is hereby declared that—
(a) paragraph (5) does not prejudice the generality of paragraphs (1), (3) and (4);
(b) the reference to working platform in paragraph (5) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform.
(L.N. 257 of 2003; L.N. 258 of 2003)

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

38B. Prevention of falls
(1) Subject to paragraphs (2), (3) and (4), the contractor responsible for any construction site shall take adequate steps to prevent any person on the site from falling from a height of 2 metres or more.
(1A) Subject to paragraphs (2), (3) and (4), any contractor who has direct control over any construction work shall take adequate steps to prevent any person on any place where the construction work is being carried out from falling from a height of 2 metres or more. (L.N. 258 of 2003)
(2) For the purpose of paragraphs (1) and (1A), adequate steps (足夠的步驟) shall include the provision, use and maintenance of one or more of the following—
(a) working platforms;
(b) guard-rails, barriers, toe-boards and fences;
(c) coverings for openings;
(d) gangways and runs.

(3) Paragraphs (1) and (1A) shall not apply to any opening, corner, break or edge exposed in the course of demolition operations if adequate precautions have been taken to prevent any person from being exposed to the risk of falling therefrom.
(4) Every working platform (other than a suspended working platform), guard-rail, barrier, toe-board, fence, covering for an opening, gangway or run provided for the purpose of paragraphs (1) and (1A) shall comply with the provisions of the Third Schedule applicable to it.
(5) For the avoidance of doubt, it is hereby declared that—
(a) paragraphs (2) and (4) do not prejudice the generality of paragraphs (1) and (1A);
(b) the reference to working platform in paragraph (4) does not prejudice the operation of the provisions of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap. 59 sub. leg. AC) in relation to a working platform which is a suspended working platform.
(L.N. 258 of 2003)

38C. Safe means of support
Where work cannot be safely done on or from the ground or from part of a permanent structure, the contractor responsible for the construction site concerned and any contractor who has direct control over the work shall provide, and ensure the use of, a scaffold, ladder or other means of support, all of which shall be safe for the purpose, having regard to the work to be done.
(L.N. 258 of 2003)