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

39. Safety of excavations, etc.
(1) The contractor responsible for any construction site at which excavating or earthworking operations are being carried on and any contractor who has direct control over the operations shall cause a structure made of suitable timber or other suitable material to be erected in connexion with the operations as soon as may be necessary after their commencement so as to prevent workmen employed on the site from being endangered by a fall or displacement of earth, rock, or other material (including waste material and debris) adjacent to or forming the side of the excavation or earthwork. (L.N. 258 of 2003)
(2) The contractors shall— (L.N. 258 of 2003)
(a) cause every part of the excavation or earthwork where workmen are employed to be examined by a competent person at least once in every period of 7 days after the commencement of the excavation or earthwork until it is completed or abandoned; and
(b) ensure that after any such examination no further work in respect of the excavation or earthwork is carried on until there has been obtained from that person in respect of the examination, or in respect of any further examination that may be necessary, a report in the approved form which includes a statement to the effect that the excavation or earthwork, and every structure erected under paragraph (1), is safe and secure. (L.N 21 of 1994)
(3) A report under paragraph (2) of an examination and the results thereof, signed by the person carrying out the examination, shall be—
(a) made in the approved form and contain the prescribed particulars; and (L.N 21 of 1994)
(b) delivered forthwith to the contractor responsible for the construction site concerned and the contractor who employs that person to carry out the examination. (L.N. 257 of 2003; L.N. 258 of 2003)
(4) This regulation shall not apply—
(a) to an excavation or earthwork where, having regard to the nature and slope of the sides of the excavation or earthwork and other circumstances, no fall or dislodgment of earth, rock, or other material is liable to occur—
(i) so as to bury or trap a workman or other person employed in or near the excavation or earthwork; or
(ii) so as to strike any such workman or person from a height of more than 1.2 metres; or (L.N. 280 of 1978; L.N. 238 of 1983)
(b) in relation to a workman actually engaged in the erection of any structure or in rendering any excavation or earthwork safe, or to a person engaged in examining any such structure, if other precautions which are reasonably adequate to ensure his safety are taken.

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

40. Fencing of excavations, etc.
(1) Subject to paragraph (2), the contractor responsible for any construction site where there is an excavation, shaft, pit, or opening in the ground into or down the side of which a workman or other person lawfully on the site is liable to fall a distance of more than 2 metres and any contractor who has direct control over the excavation or any construction work in the shaft, pit or opening shall, for the purpose of preventing any such fall, so far as practicable ensure that either— (L.N. 238 of 1983; L.N. 258 of 2003)
(a) a suitable barrier is erected as close as is reasonably practicable to the edge of the excavation, shaft, pit or opening; or
(b) the excavation, shaft, pit, or opening is securely covered.
(2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening. (L.N. 238 of 1983)
(L.N. 280 of 1978)

41. Safe guarding the edges of excavations, etc.
The contractor responsible for any construction site at which there is an excavation, shaft, pit or opening in the ground, and any contractor who has direct control over the excavation or any construction work in the shaft, pit or opening, shall ensure that— (L.N. 258 of 2003)
(a) no material is placed or stacked close to the edge of the excavation, shaft, pit, or opening so as to endanger any person who is working in it; and
(b) no load or plant is placed or moved near the edge of the excavation, shaft, pit or opening if it is likely to cause the side of the excavation, shaft, pit, or opening to collapse and thereby endanger any person.
(L.N. 280 of 1978)

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

41A. Requirements for emergency escape
The contractor responsible for any construction site, at which there is an excavation, shaft, tunnel, pit or opening in the ground and where there is reason to apprehend danger to persons employed therein from rising water or from an irruption of water or material and any contractor who has direct control over the excavation or any construction work in the shaft, tunnel, pit or opening, shall ensure that adequate means are provided, so far as practicable, to enable such persons to reach positions of safety in the event of emergency.
(L.N. 280 of 1978; L.N. 258 of 2003)

42. Prevention of inhalation of dust and fumes
Where any construction work involves the grinding, cleaning, spraying, mixing, or working of any material which causes dust or fumes to be given off of a character and extent likely to be injurious to the health of workmen employed in the work, the contractor responsible for the work and any contractor who has direct control over the work shall take all reasonable steps as are necessary to prevent the inhalation of the dust or fumes by the workmen, either by providing adequate ventilation or by the provision and use of suitable respirators or other effective means.
(71 of 1989 s. 13; L.N. 258 of 2003)

43. Protection of eyes
The contractor responsible for any construction site, where there is carried on any process which results in particles of material or dust being produced in such a manner as to be likely to enter or damage the eyes of any workman engaged in the process, and any contractor who has direct control over the process, shall ensure that— (L.N. 258 of 2003)
(a) suitable goggles or effective screens are provided for the protection of the workman; and
(b) the workman uses the goggles or screens, as the case may be.