### Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations 《工廠及工業經營(槍彈推動打釘工具)規例》

10. Tool box to contain instructions on care and operation of tool
Every tool box, or other similar container, provided under regulation 9, shall contain a copy of the manufacturer’s instruction manual appropriate to the tool in English and Chinese giving the following information—
(a) the procedure to be followed for loading, firing and dismantling the tool;
(b) the procedure to be followed for dealing with delayed ignition for any cause;
(c) instructions on regular cleaning, oiling and inspection and the correct method of dismantling and reassembling the removable parts of the tool; and
(d) instructions on the selection of recommended pins and cartridges for the tool together with a guide for distinguishing the strength of the charge contained in the cartridges.

11. Operators to hold certificates of competency
(1) A tool shall not be used other than by a person who holds a certificate of competency.
(2) A certificate of competency shall be in a form approved by the Commissioner.

12. Lighting and safe place of work
The place in which a tool is used shall—
(a) be suitably lit to the extent necessary to secure the operator’s safety; and
(b) so far as is reasonably practicable, be made and kept safe to the extent that the operator shall have a firm foot-hold. (71 of 1989 s. 13)

13. Safe atmosphere
No tool shall be used in an atmosphere containing flammable vapours, flammable gases or explosive dusts.

14. Protective equipment
(1) Suitable protective equipment shall be provided and maintained in good condition for the use of every operator.
(2) Every operator shall, while using a tool, wear the protective equipment provided for him under paragraph (1).

15. Action when defect discovered
If the operator of a tool discovers a fault or defect in the tool, or in any pins or cartridges provided for use therewith, he shall—
(a) cease to operate the tool; and
(b) forthwith report the fault or defect to the contractor or proprietor employing him.

16. Person under 18 not to use tools
No person under the age of 18 years shall be permitted to use a tool.

17. Misuse of tools, etc.
No person shall misuse or, without reasonable excuse, interfere with—
(a) any tool, pin or cartridge; or
(b) any protective equipment provided under regulation 14(1).

### Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations 《工廠及工業經營(槍彈推動打釘工具)規例》

18. Offences and penalties
(1) A contractor engaged in construction work on a construction site or a proprietor of any other industrial undertaking—
(a) in or in respect of which regulation 4, 5, 6, 7, 9, 10, 11, 12, 14 or 16 is contravened commits an offence and is liable on conviction to a fine at level 6;
(b) in or in respect of which regulation 8 is contravened commits an offence and is liable on conviction to a fine at level 4; or
(c) in or in respect of which regulation 13 is contravened commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 45)
(1A) (Repealed L.N. 39 of 1994)(2) An operator who— (5 of 2023 s. 45)
(a) contravenes regulation 6, 7, 9(2) or (3), 11, 14(2) or 15 commits an offence and is liable on conviction to a fine at level 5; or
(b) contravenes regulation 13 commits an offence and is liable on conviction to a fine of $150,000. (5 of 2023 s. 45)
(3) Any person who contravenes any of the provisions of regulation 17 commits an offence and is liable to a fine at level 5. (L.N. 39 of 1994)
(L.N. 327 of 1981; E.R. 1 of 2021)

19. Commissioner may approve tools
The Commissioner may approve a cartridge-operated fixing tool by notice in the Gazette.
(L.N. 329 of 1988)

### 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》

1. Citation
These regulations may be cited as the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
construction site (建築地盤) means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of the construction work;
safety officer (安全主任) means a person employed as a safety officer in an industrial undertaking under these regulations; 
safety supervisor (安全督導員) means a person employed as a safety supervisor in an industrial undertaking under these regulations;
ship (船舶) means any description of vessel used in navigation; (L.N. 352 of 1994)
shipyard (船廠) means any yard or dry dock (including the precincts thereof) in which ships or vessels, except ships or vessels afloat, are constructed, reconstructed, maintained, repaired, refitted, finished or broken up; (L.N. 352 of 1994)
vessel (船隻) means any ship, boat, junk or any other description of vessel used in navigation and includes any floating dock, floating workshop or floating restaurant. (L.N. 352 of 1994)

3. Application
These regulations apply to any industrial undertaking named in the First Schedule.

4. Safety Officer Advisory Committee
(1) There shall be a Safety Officer Advisory Committee (in this regulation referred to as the committee

5. Qualifications for registration as safety officer
(1) A person who holds a scheduled qualification specified in the first column of the Second Schedule is qualified to be registered as a safety officer for the purposes of employment at the class of industrial undertaking indicated opposite thereto in the second column of the Second Schedule.
(2) For the purposes of paragraph (1) and the Second Schedule, scheduled qualification (附表所列資格) means any of the qualifications set out in the Third Schedule.
(3) Notwithstanding paragraph (1) and the Second Schedule, a person who satisfies the Commissioner for Labour that—
(a) immediately before these regulations become applicable to a class of industrial undertaking, he was employed as a full time safety officer in that class of industrial undertaking; and (L.N. 100 of 2002)
(b) by reason of his education, training, professional experience and skill in industrial safety he is a fit and proper person to be registered as a safety officer,
shall be deemed to be qualified to be registered as a safety officer for the purposes of employment in that class of industrial undertaking. (L.N. 100 of 2002)