### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》

6. Register of safety officers
(1) The Commissioner shall establish and maintain a register in which he shall cause to be kept particulars of the names and addresses of all persons registered as safety officers under these regulations and such other matters, if any, as he thinks fit.
(2) The register shall be available for inspection by the public free of charge at such offices of the Government as the Commissioner may direct, during the hours when those offices are open to the public.
(3) The Commissioner shall enter in the register—
(a) any amendment as he may consider necessary for the purposes of preserving the accuracy of the register in respect of the address or any other particulars relating to a person whose name appears therein; and
(b) where he suspends the registration of a person whose name appears therein under regulation 10, the period of time that registration is suspended.
(4) The Commissioner shall remove from the register the name of a person—
(a) who dies;
(b) who requests in writing that his name be removed; or
(c) whose registration is cancelled under regulation 9.

7. Application for and registration as safety officer
(1) An application by a person for registration as a safety officer shall be made to the Commissioner for Labour—
(a) in the approved form; and
(b) in the case where the applicant is a person qualified to be registered as a safety officer under regulation 5(3), within 12 months after these regulations become applicable to the class of industrial undertaking concerned. (L.N. 352 of 1994; L.N. 100 of 2002)
(2) Subject to paragraph (3), the Commissioner for Labour may, in his discretion, register a person as a safety officer, and may impose such conditions in relation to that registration as he thinks fit.
(3) The Commissioner for Labour shall not register an applicant as a safety officer unless he is satisfied that the applicant is a person who is—
(a) qualified to be registered as a safety officer;
(b) competent to be registered as a safety officer; and
(c) fit and proper to be registered as a safety officer.

### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》

7A. Validity period of registration
(1) Subject to paragraph (2) and regulations 9 and 10, the registration of a person as a safety officer under regulation 7(2), shall be valid for a period of 4 years from the date he is registered but may be renewed or revalidated under regulation 7B.
(2) Any person who, immediately before the commencement* of section 4 of the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) (Amendment) Regulation 2001 (L.N. 100 of 2002) being a person registered as a safety officer under regulation 7(2) shall be deemed, for the purposes of renewal or revalidation under regulation 7B, to be registered on that commencement.
(3) Subject to regulation 7B(2), the registration of a person as a safety officer under regulation 7(2) not renewed under regulation 7B shall cease to have effect on its expiration.
(L.N. 100 of 2002) Editorial Note:
* Commencement date: 7 June 2002.

### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》

7B. Renewal and revalidation of registration
(1) A registered safety officer who wishes to renew his registration as a safety officer under regulation 7(2) shall submit to the Commissioner for Labour an application for renewal in the approved form prior to but not earlier than 9 months before the expiration of his registration.
(2) Any registration in respect of which an application for renewal is made under this regulation and which expires prior to the determination of such application shall, unless the application is withdrawn or the registration is cancelled under regulation 9 or suspended under regulation 10, remain valid pending the determination by the Commissioner for Labour of that application.
(3) A renewal of registration under this regulation shall have effect from the day following the day on which the registration would have expired but for paragraph (2), for a period of 4 years.
(4) A person whose registration under regulation 7(2) has expired and ceased to have effect and who wishes to revalidate that registration shall not make a new application for registration under regulation 7 but shall submit to the Commissioner for Labour an application for the revalidation of his expired registration in the approved form.
(5) Where the Commissioner for Labour approves the revalidation of an expired registration, the registration shall become revalidated for a period of 4 years from the date of approval.
(6) Subject to paragraph (7), the Commissioner for Labour may, in his discretion, renew or revalidate the registration of a person as a safety officer under regulation 7(2), as the case may be, and may impose such conditions in relation to that renewal or that revalidation as he thinks fit.
(7) The Commissioner for Labour shall not approve an application for renewal or revalidation unless he is satisfied that the applicant has completed a total of not less than 100 hours of Continuing Professional Development Programme in occupational safety and health in the 4 years immediately preceding the application.
(8) For the purposes of paragraph (7), Continuing Professional Development Programme (專業進修計劃) means a course, lecture, seminar or other programme or method of study (whether requiring attendance or not) that, in the opinion of the Commissioner for Labour, is relevant to the needs and professional standards of registered safety officers, enhances professional competence and complies with any notes of guidance in that behalf as may be issued from time to time by the Commissioner for Labour.
(9) This regulation does not apply to a person whose registration as a safety officer under regulation 7(2) has been cancelled under regulation 9.
(L.N. 100 of 2002)

### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》

8. Commissioner to serve notice of decision on applicant
(1) Where the Commissioner for Labour registers or refuses to register a person as a safety officer under regulation 7, or renews or revalidates or refuses to renew or revalidate that registration under regulation 7B, he shall forthwith serve notice in writing of his decision on that person. (L.N. 100 of 2002)
(2) Where the Commissioner for Labour refuses to register a person as a safety officer, or refuses to renew or revalidate the registration of a person, the notice referred to in paragraph (1) shall include— (L.N. 100 of 2002)
(a) an adequate statement of the reasons for his refusal; and
(b) an endorsement setting out the relevant provisions of regulation 12.

9. Cancellation of registration
The Commissioner for Labour may cancel the registration of a person registered as a safety officer under regulation 7(2) or such that registration as renewed or revalidated under regulation 7B if— (L.N. 100 of 2002)
(a) he is of the opinion that registration, renewal or revalidation was obtained by fraudulent means; or (L.N. 100 of 2002)
(b) he ceases to be satisfied of any matter in respect of which he is required to be satisfied under regulation 7(3).

10. Suspension of registration
(1) If in the case of a person registered as a safety officer under regulation 7, or whose registration is renewed or revalidated under regulation 7B, it appears to the Commissioner for Labour that that person has without reasonable excuse failed to carry out the duties of a safety officer under these regulations, he may serve on that person a notice stating his intention to suspend the registration of that person and the ground or grounds therefor and requiring that person to show cause in writing, within 14 days after the service of such notice, why the registration should not be suspended. (L.N. 100 of 2002)
(2) Where after a notice is served on a person under paragraph (1)—
(a) that person does not show cause in writing why the registration should not be suspended; or
(b) the Commissioner for Labour is of the opinion that that person has not shown good cause in writing why the registration should not be suspended,
the Commissioner for Labour may by notice in writing suspend the registration for such time being not more than 12 months as shall be specified therein.