### Factories and Industrial Undertakings (Carcinogenic Substances) Regulations 《工廠及工業經營(可致癌物質)規例》

5. Application of this Part
Subject to regulation 4, this Part applies only with respect to industrial undertakings in which any person is employed—
(a) in connexion with the manufacture of any controlled substance or in connexion with any process in the course of which any controlled substance is formed;
(b) in connexion with any process in the course of which any controlled substance (other than auramine or magenta) is used or handled;
(c) in the storage or movement within the industrial undertaking of any controlled substance in connexion with any manufacture or process referred to in subparagraph (a) or (b); or
(d) in the maintenance or cleaning of plant or the cleaning of containers, stores or workrooms in connexion with any manufacture or process referred to in subparagraph (a) or (b). (E.R. 1 of 2022)

6. Safety precautions
The proprietor of every industrial undertaking shall—
(a) take all practicable steps to prevent persons employed therein in any manufacture, process or work referred to in regulation 5 being exposed to the risk of inhaling, ingesting or otherwise absorbing any controlled substance;
(b) warn every person employed therein by posting notices (in the English and Chinese languages, in a form approved by the Commissioner) in conspicuous places where any controlled substance is present and where any such manufacture, process or work referred to in regulation 5 is being carried out, of the dangers to health involved in such employment and of the need for regular medical examinations and attention to safe working practices; and
(c) ensure that all controlled substances within the industrial undertaking (except when in the course of manufacture, formation or use) are kept in suitable closed receptacles legibly marked with the name of the substance it contains and also with the words “CARCINOGENIC SUBSTANCE” and the characters “可致癌物品”.

7. Appointment of medical practitioner
(1) The proprietor of every industrial undertaking shall appoint a medical practitioner who is conversant with the provisions of these regulations and the health hazards associated with prohibited and controlled substances, to carry out medical examinations of persons employed therein, as required by regulation 8.
(2) A proprietor who has appointed a medical practitioner under paragraph (1) shall notify the Commissioner, in writing, within 14 days after such appointment, of the name and address of the appointed medical practitioner.

### Factories and Industrial Undertakings (Carcinogenic Substances) Regulations 《工廠及工業經營(可致癌物質)規例》

8. Medical examinations
(1) Every person who is or has been employed in any industrial undertaking in any manufacture, process or work referred to in regulation 5 shall be medically examined by the appointed medical practitioner within one month of being first so employed and be so examined again at intervals of not more than 6 months so long as his employment in the industrial undertaking continues:
Provided that in the case of a person so employed at the date of the coming into operation of these regulations, his first medical examination under this regulation shall be within one month of that date.
(2) Every medical examination under paragraph (1) shall include exfoliative cytology of the urine by a laboratory of the Institute of Pathology of the Department of Health. (L.N. 76 of 1989)
(3) Every person who is or has been employed in an industrial undertaking in any manufacture, process or work referred to in regulation 5 shall submit himself for medical examination by the appointed medical practitioner as required under this regulation and provide samples of urine as necessary so that the requirements of paragraph (2) may be complied with.
(4) For the purpose of this regulation the expression first so employed (首次如此受僱) includes re-employment in any industrial undertaking to which this Part applies following a cessation of such employment for any period exceeding 6 months.
(5) The cost of medical examinations required by this regulation shall be borne by the proprietor of the industrial undertaking concerned.

9. Health Registers
(1) The proprietor of every industrial undertaking shall maintain a Health Register in respect of each person medically examined for the purpose of these regulations, in the form set out in the Schedule.
(2) The Health Register referred to in paragraph (1) shall be forwarded to the Commissioner on the cessation of the employment in the industrial undertaking of the person to whom it relates, by the proprietor of the industrial undertaking concerned.
(3) The register referred to in paragraph (1) shall be open to inspection at all reasonable times by an occupational safety officer. (32 of 2000 s. 48)

### Factories and Industrial Undertakings (Carcinogenic Substances) Regulations 《工廠及工業經營(可致癌物質)規例》

10. Offences
(1) If regulation 3(1) or (2) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 53)
(1A) If regulation 8(1) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 53)
(2) The proprietor of an industrial undertaking who fails to comply with any condition specified in a certificate of exemption granted under regulation 4 commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 53)
(3) Any proprietor of an industrial undertaking who fails to comply with the provisions of regulation 6(a) or (c) or 7(1) commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 53)
(4) Any proprietor of an industrial undertaking who fails to comply with the provisions of regulation 6(b), 7(2) or 9(1) or (2) commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 53)
(5) (Repealed 5 of 2023 s. 53)(6) If regulation 9(3) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 53)
(L.N. 53 of 1994; E.R. 1 of 2022)