### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

33. Ventilation
(1) In every notifiable workplace, effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom or, in the case of a mine, in each shaft, the adequate ventilation of the room or shaft, and for rendering harmless, so far as practicable, all fumes, dust and other impurities that may be injurious to health generated in the course of any process or work carried on in the notifiable workplace.
(2) Without prejudice to the generality of paragraph (1), in every notifiable workplace in which, in connexion with any process or work carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable steps shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent its entering the air of any workroom. (71 of 1989 s. 13; L.N. 235 of 1996)
(50 of 1985 s. 9)

34. Lighting
(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a notifiable workplace in which persons are working or passing.
(2)  All glazed windows and skylights used for the lighting of workrooms in any notifiable workplace shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction: (71 of 1989 s. 13)

Provided that any such window or skylight may be white-washed or shaded for the purpose of mitigating heat or glare.(50 of 1985 s. 9)

35. Drainage of floors
(1) Where, in any notifiable workplace, any process or work is carried on which renders the floor liable to be wet to such extent that the moisture is capable of being removed by drainage, effective means shall be provided and maintained for draining off the moisture. (50 of 1985 s. 9)
(2) Any means for draining which does not comply with the provisions of the Buildings Ordinance (Cap. 123) shall be deemed not to be effective for the purpose of this regulation.

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

36. Overcrowding
(1) A notifiable workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.
(2) Without prejudice to the generality of paragraph (1), a notifiable workplace shall be deemed to be so overcrowded as aforesaid, if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for every person employed in the room is less than 7 cubic metres. (L.N. 238 of 1984)
(3) In every room in every notifiable workplace a notice shall be posted specifying the number of persons who, having regard to the provisions of this regulation, may be employed in the room.
(50 of 1985 s. 9)

37. Sanitary conveniences, etc.
(1) Every notifiable workplace shall be provided with sufficient and suitable latrine and washing conveniences on the premises and, where persons of both sexes are or are intended to be employed such conveniences shall afford proper separate accommodation for persons of each sex. (50 of 1985 s. 9)
(2) Any latrine or washing convenience which does not comply with the provisions of the Buildings Ordinance (Cap. 123) shall be deemed not to be sufficient and suitable for the purpose of this regulation.

38. Supply of drinking water
In every notifiable workplace an adequate supply of drinking water either from a public main or from a source approved in writing by a health officer shall be provided and maintained at suitable points conveniently accessible to all persons employed.
(50 of 1985 s. 9)

39. Repair, maintenance and safety
(1) All the floors, walls, ceilings, windows and skylights of a notifiable workplace shall be maintained in a good state of repair and free from spalls.
(2) The surface of all the floors of a notifiable workplace shall be rendered and maintained in an even and non-slippery condition and the floors shall be kept free from any obstruction or hazard which might cause a person to fall down or stumble by tripping or otherwise.
(3) In a notifiable workplace all goods and materials shall be stored, stacked or otherwise arranged in such a manner that no danger is caused to any person.
(50 of 1985 s. 9)

44. Contravention of regulation 16F(2) or 20(4) is offence
A person who contravenes regulation 16F(2) or 20(4) commits an offence and is liable on conviction to a fine at level 4.
(5 of 2023 s. 16)

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

44A. Contravention of regulation 21 is offence
A person who contravenes regulation 21 commits an offence and is liable on conviction to a fine at level 5.
(5 of 2023 s. 17)

45. Contravention of regulation 16C(1) or (2), 24, 25, 33 or 36(1) is offence
(5 of 2023 s. 18)(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,—
(a) (Repealed L.N. 214 of 1981)(b) in which any person is permitted to do anything in contravention of any of the provisions of regulation 16C(1) or (2) or 25; or (5 of 2023 s. 18)
(c) in respect of which any of the provisions of regulation 24, 33 or 36(1) are contravened,
shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 189 of 1967; L.N. 132 of 1969; L.N. 221 of 1973; L.N. 157 of 1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; 50 of 1985 s. 9)
(2) A person who is convicted of an offence under paragraph (1)—
(a) in respect of a contravention of regulation 16C(1), 25 or 33 is liable to a fine at level 6;
(b) in respect of a contravention of regulation 16C(2) or 36(1) is liable to a fine at level 4; or
(c) in respect of a contravention of regulation 24 is liable to—
(i) if the offence was committed without reasonable excuse—a fine of $400,000 and to imprisonment for 12 months; or
(ii) in any other case—a fine of $400,000. (5 of 2023 s. 18)