### 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》

11. Notice of cancellation or suspension of registration
(1) Where the Commissioner for Labour cancels registration under regulation 9 or suspends registration under regulation 10, he shall forthwith serve notice in writing of his decision on—
(a) the person whose registration is cancelled or suspended; and
(b) the proprietor of the industrial undertaking where that person is employed.
(2) Every notice referred to in paragraph (1) shall include—
(a) an adequate statement of the reasons for cancelling or suspending the registration; and
(b) an endorsement setting out the relevant provisions of regulation 12.

12. Appeals
(1) A person—
(a) whom the Commissioner for Labour refuses to register under regulation 7;
(aa) whose registration as a safety officer the Commissioner for Labour refuses to renew or revalidate under regulation 7B; (L.N. 100 of 2002)
(b) whose registration is cancelled under regulation 9; or
(c) whose registration is suspended under regulation 10,
may, within 28 days of being notified by the Commissioner for Labour of any such decision, appeal to the Administrative Appeals Board.
(2) A decision cancelling registration under regulation 9 or suspending registration under regulation 10 that is appealed against under paragraph (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner for Labour, be contrary to the public interest and the notice of the decision contains a statement to that effect. (E.R. 1 of 2022)
(3) The Commissioner for Labour shall cause notice of the determination of the appeal by the Administrative Appeals Board, together with a statement of the decision, to be served on the proprietor of the industrial undertaking where the appellant is employed as soon as practicable after that determination.
(6 of 1994 s. 38)

13. Publication of cancellation or suspension of registration
Where the Commissioner for Labour cancels registration under regulation 9 or suspends registration under regulation 10, he shall cause notice thereof to be published in the Gazette—
(a) if no appeal is made under regulation 12(1), on the expiry of the period of 28 days referred to in that regulation; or
(b) if an appeal is made under regulation 12(1), on the confirmation of his decision by the Administrative Appeals Board.
(6 of 1994 s. 39)

### 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》

14. Employment of safety officer
(1) The proprietor of an industrial undertaking specified in the first column of paragraph 1 of the Fourth Schedule shall employ a person as a full time safety officer in the manner indicated opposite in the second column of paragraph 1 of the Fourth Schedule.
(2) A proprietor of an industrial undertaking shall not employ any person as a safety officer—
(a) unless that person is for the time being—
(i) registered under regulation 7; and
(ii) not suspended from registration under regulation 10; and
(b) for any purpose other than the discharge of the duty under regulation 15 of a person employed as a safety officer. (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》

16. Employment of safety supervisor
The proprietor of an industrial undertaking specified in the first column of paragraph 2 of the Fourth Schedule shall employ a person as a safety supervisor in the manner indicated opposite in the second column of paragraph 2 of the Fourth Schedule.

17. Duties of safety supervisor
(1) The duty of a person employed as a safety supervisor shall be—
(a) to assist any person employed as a safety officer in the industrial undertaking in carrying out the duties of a safety officer under these regulations;
(b) to assist the proprietor responsible for the industrial undertaking in promoting the safety and health of persons employed therein including for that purpose—
(i) advising the proprietor or any person employed as a safety officer in the industrial undertaking, as to the observance by any person of the standards for the safety or protection of persons employed in the industrial undertaking;
(ii) supervising the observance by any person of the standards for the safety or protection of persons employed in the industrial undertaking;
(iii) promoting the safe carrying on of work in the industrial undertaking; and
(iv) on or before the last day in every week, preparing and submitting, in the case where no person is employed as a safety officer in the industrial undertaking, to the proprietor, or in the case where a person is employed as a safety officer in the industrial undertaking, to the safety officer, a report as provided in paragraph (2).
(2) A report submitted under paragraph (1)(b)(iv) shall be in the approved form. (L.N. 352 of 1994)

18. Replacement of safety supervisor
(1) Where it appears to the Commissioner that any person employed as a safety supervisor has, without reasonable excuse, failed to carry out his duties under these regulations, the Commissioner may, by notice in writing served on the proprietor of the industrial undertaking where the person is employed as a safety supervisor, direct him to employ another person as a safety supervisor before the expiry of such time being not less than 14 days as shall be specified in the notice.
(2) The proprietor of an industrial undertaking on whom a notice is served under paragraph (1), shall comply with the direction to employ another person as a safety supervisor before the expiry of the time specified in the notice.

19. Facilities to be provided by proprietor
The proprietor of an industrial undertaking shall, in relation to the duties under these regulations of any person employed as a safety officer or safety supervisor therein—
(a) ensure that such duties are carried out under his supervision or under the supervision of a person who has direct and effective control over the work carried on in the industrial undertaking;
(b) provide all such assistance, equipment, facilities and information as may be necessary for the proper carrying out of such duties; and
(c) ensure that a person employed as a safety supervisor is not required to carry out other work of a nature or to the extent that would prevent the proper carrying out of such duties.