### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

44. Fencing of machinery
(1) The contractor responsible for any prime mover, transmission machinery and other machinery (whether or not driven by mechanical power), and any contractor who has direct control over any construction work which involves the use of the prime mover, transmission machinery and other machinery, shall ensure that—
(a) every flywheel and moving part of the prime mover;
(b) every part of the transmission machinery; and
(c) every dangerous part of the other machinery,
are effectively guarded unless they are in such a position or of such construction as to be as safe to every workman on the construction site as they would be if they were effectively guarded. (L.N. 258 of 2003)
(1A) The reference to effectively guarded in paragraph (1) means effectively guarded by one or more of the following methods—
(a) an automatic guard;
(b) subject to paragraph (1B), a fixed guard;
(c) an interlocking guard;
(d) a trip guard;
(e) a two-hand control device. (L.N. 258 of 2003)
(1B) An opening may be provided in any fixed guard mentioned in paragraph (1A)(b) in accordance with regulation 6 of the Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations (Cap. 59 sub. leg. Q). (L.N. 258 of 2003)
(2) Where under paragraph (1) parts of any machinery are required to be guarded, the contractors shall ensure that the guarding is kept in position while the parts are in motion or in use, except where the parts are necessarily exposed for examination or for any lubrication or adjustment shown by the examination to be immediately necessary. (L.N. 258 of 2003)
(3) For the purpose of paragraph (1A), automatic guard (自動式護罩), fixed guard (固定式護罩), interlocking guard (互鎖式護罩), trip guard (觸覺式護罩) and two-hand control device (雙手控制裝置) have the meanings respectively assigned to them by regulation 2 of the Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations (Cap. 59 sub. leg. Q).
(L.N. 258 of 2003)

### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

45. Trained and competent workmen to operate mechanical equipment
(1) The contractor responsible for any mechanical equipment and any contractor who has direct control over any construction work which involves the use of the equipment shall ensure that, when it is used on a construction site, it is not operated except by a workman who is trained and competent to operate it: (L.N. 258 of 2003)
Provided that the equipment may be operated by a workman not so qualified if he is operating it under the supervision of another worker who is so qualified.
(2) The contractor responsible for any mechanical equipment and any contractor who has direct control over any construction work which involves the use of the equipment shall ensure that no person under 18 years of age is employed— (L.N. 258 of 2003)
(a) to operate the equipment; or
(b) to give signals to the operator of the equipment.
(3) In this regulation, mechanical equipment (機動設備) includes any bulldozer, compactor, dumper, excavator, grader, loader, locomotive, lorry, scraper, truck and any mobile machine which is used for the handling of any material on a construction site.
(L.N. 238 of 1983)

46. Cleaning of dangerous machinery by young persons
(1) A contractor responsible for a construction site shall ensure that no young person is permitted to clean any dangerous part of any machinery or plant in the construction site while the machinery or plant is in motion by the aid of any mechanical power. (L.N. 304 of 1996)
(1A) Any contractor who has direct control over any construction work which involves the use of any machinery or plant in the site shall ensure that no young person is permitted to clean any dangerous part of the machinery or plant while the machinery or plant is in motion by the aid of any mechanical power. (L.N. 258 of 2003)
(2) For the purpose of paragraphs (1) and (1A), a dangerous part of any machinery or plant has the meaning assigned to dangerous part (危險部件) in the Factories and Industrial Undertakings (Guarding and Operation of Machinery) Regulations (Cap. 59 sub. leg. Q). (L.N. 258 of 2003)

### Construction Sites (Safety) Regulations 《建築地盤(安全)規例》

47. Use of electricity on construction sites
(1) Where workmen employed at a construction site are liable to come into contact with any live electric cable or apparatus, the contractor responsible for the site shall, both before the commencement of the work at the site and during its progress, take such measures (whether by rendering the cable or apparatus electrically dead or otherwise) as will prevent them from being endangered by the cable or apparatus.
(1A) Where workmen employed in carrying out any construction work are liable to come into contact with any live electric cable or apparatus, any contractor who has direct control over the construction work shall, both before the commencement of the work at the site and during its progress, take such measures (whether by rendering the cable or apparatus electrically dead or otherwise) as will prevent them from being endangered by the cable or apparatus. (L.N. 258 of 2003)
(2) A contractor responsible for a construction site where there is any electrically charged overhead cable or apparatus shall take such precautions, by the provision of adequate and suitably placed barriers or other means, as will prevent the cable or apparatus from being a source of danger to workmen employed on the site (whether as a result of a lifting appliance coming into contact with the cable or apparatus or otherwise).
(3) Any contractor who has direct control over any construction work at any place where there is any electrically charged overhead cable or apparatus shall take such precautions, by the provision of adequate and suitably placed barriers or other means, as will prevent the cable or apparatus from being a source of danger to workmen carrying out the construction work (whether as a result of lifting appliance coming into contact with the cable or apparatus or otherwise). (L.N. 258 of 2003)

48. Safety helmets
(1) A contractor responsible for a construction site shall—
(a) provide each workman employed on the site with a suitable safety helmet; and
(b) take all reasonable steps to ensure that no workman remains on the site unless he is wearing a suitable safety helmet.
(1A) Any contractor who has direct control over any construction work shall—
(a) provide each workman employed to carry out the construction work with a suitable safety helmet; and
(b) take all reasonable steps to ensure that no workman employed to carry out the construction work remains on the site unless he is wearing a suitable safety helmet. (L.N. 257 of 2003; L.N. 258 of 2003)
(2) No person shall enter a construction site unless he is wearing a suitable safety helmet.
(L.N. 280 of 1978)