### Occupational Safety and Health Ordinance 《職業安全及健康條例》

9. Commissioner may serve improvement notice on employer or occupier
(1) The Commissioner may serve an improvement notice on an employer, or an occupier of premises where a workplace is located, if of the opinion that the employer or occupier—
(a) is contravening this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap. 59); or
(b) has contravened either of those Ordinances in circumstances that make it likely that the contravention will be continued or repeated.
(2) An improvement notice must—
(a) be in writing; and
(b) identify the employer or occupier concerned; and
(c) state that the Commissioner is of the opinion that the employer or occupier is contravening this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap. 59), or has contravened either of those Ordinances in circumstances referred to in subsection (1)(b); and
(d) specify the provision of this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap. 59) in relation to which the Commissioner has formed that opinion; and
(e) require the employer or occupier either—
(i) to remedy the contravention within a period specified in the notice; or
(ii) to refrain from continuing or repeating the contravention.
(3) The period specified in subsection (2)(e)(i) must be a reasonable one having regard to the requirement imposed on the employer or occupier concerned.
(4) The Commissioner may, by notice in writing served on the employer or occupier concerned, amend or revoke an improvement notice or suspend its operation.
(5) An employer or occupier who, without reasonable excuse, fails to comply with a requirement of an improvement notice commits an offence and is liable on conviction to a fine of $400,000 and to imprisonment for 12 months. (Amended 5 of 2023 s. 68)
(6) In proceedings for an offence against subsection (5), the defendant has a reasonable excuse for not complying with a requirement of an improvement notice if the defendant establishes that it was not reasonably practicable to comply with the requirement.

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

10. Commissioner may serve suspension notice on employer or occupier
(1) The Commissioner may serve a suspension notice on an employer who is responsible for, or on an occupier of, premises where a workplace is located, if of the opinion that because of—
(a) an activity undertaken on the premises; or
(b) the condition or use of the premises or of any plant or substance located on the premises,
there is an imminent risk of death or serious bodily injury.
(2) A suspension notice must—
(a) be in writing; and
(b) identify the employer or occupier concerned; and
(c) specify the matters that, in the Commissioner’s opinion, create, or are likely to create, a risk of death or serious bodily injury; and
(d) direct the activity not to be undertaken, or the premises, plant or substance not to be used, while the notice remains in force.
(3) A suspension notice takes effect on the date on which it is served, or on such later date as is specified in the notice, and, except when its operation is suspended, remains in force until it is revoked.
(4) Where a suspension notice is in force in relation to an activity, premises, plant or a substance, the Commissioner must, by notice in writing served on the employer or occupier concerned, revoke the suspension notice on being satisfied that—
(a) the undertaking of the activity on the premises; or
(b) the condition or use of the premises, or of any plant or substance located on the premises, 
no longer creates, and is no longer likely to create, an imminent risk of death or serious bodily injury.
(5) The Commissioner may, by notice in writing served on the employer or occupier concerned, amend a suspension notice or suspend its operation.
(6) An employer or occupier who, without reasonable excuse, contravenes a suspension notice commits an offence and is liable on conviction—
(a) to a fine of $1,000,000 and to imprisonment for 12 months; and
(b) to a further fine of $100,000 for each day or part of a day during which the offender knowingly and intentionally continues the contravention. (Amended 5 of 2023 s. 69)

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

11. Right of employer or occupier to have suspension notice reviewed
(1) Within 28 days after being served with a suspension notice, the employer or occupier concerned may make an application in writing to the Commissioner for a review of the notice.
(2) An application must—
(a) be in writing; and
(b) specify the grounds on which it is based.
(3) Within 14 days after receiving an application for the review of a suspension notice, the Commissioner must determine the application either by confirming the notice or by revoking or varying it.
(4) As soon as practicable after determining an application for the review of a suspension notice, the Commissioner must, by written notice, inform the applicant of the decision. If the suspension notice is not revoked as a result of the review, the decision must contain a statement of the reasons for the decision.
(5) A suspension notice is taken to be revoked if the Commissioner fails to determine an application for its review within 14 days after receiving the application.
(6) Subject to subsection (5), the operation of a suspension notice is not affected by the making of an application under this section or the lodgement of an appeal under section 12.

12. Employer or occupier may appeal to Appeal Board against Commissioner’s decision
(1) An employer or occupier affected by a decision of the Commissioner under section 11 may appeal to the Appeal Board against the decision.
(2) An appeal must be lodged with the Appeal Board within 28 days after the decision is notified in writing to the employer or occupier concerned.
(3) On the hearing of an appeal under this section relating to a suspension notice, the Appeal Board may do one of the following—
(a) revoke the notice on the grounds that the circumstances that gave rise to the service of the notice have ceased to exist or that the directions contained in the notice are unreasonable;
(b) if satisfied that the circumstances that gave rise to the service of the notice continue to exist, modify the notice on the ground that the directions contained in the notice are unreasonable;
(c) refuse the appeal on the grounds that the circumstances that gave rise to the service of the notice continue to exist and that the directions contained in the notice are reasonable.

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

14. Occupier of relevant premises to report dangerous occurrence to occupational safety officer
(1) The occupier of premises where a workplace is located must report to an occupational safety officer any dangerous occurrence that occurs at the workplace.
(2) The report must be in writing and be lodged within 24 hours after the dangerous occurrence concerned.
(3) The report must contain the following particulars—
(a) the time of the occurrence;
(b) particulars of damage to, or the destruction of, property;
(c) the circumstances of the occurrence.
(4) This section must be complied with even though the occurrence has been notified or reported in accordance with section 13.
(5) An occupier of premises who fails to comply with a requirement of this section commits an offence and is liable on conviction to a fine at level 6. (Amended 5 of 2023 s. 71)

15. Medical practitioner to notify occupational disease to Commissioner
(1) If, on examining an employee or a former employee or the body of a person who was immediately before the death an employee or former employee, a medical practitioner—
(a) finds or suspects that the employee or former employee is or was suffering from an occupational disease specified in Schedule 2; and
(b) believes that the disease was or may have been attributable to an occupation specified in column 3 of that Schedule,
the practitioner must notify the finding or suspicion to the Commissioner.
(2) The notification must be in writing and on a form provided or approved by the Commissioner and must be lodged as soon as practicable after the conclusion is formed.
(3) A medical practitioner who, without reasonable excuse, fails to comply with this section commits an offence and is liable on conviction to a fine at level 5. (Amended 5 of 2023 s. 72)