(Cap 59, section 7) [28 February 1969] (L.N. 31 of 1969) Cap 59F reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Quarries (Safety) Regulations. Cap 59F reg 2 Interpretation In these regulations, unless the context otherwise requires- "anchorage" (锚椿) means a fixed object of adequate strength, embedded in firm ground, to which a safety rope can be securely attached; (L.N. 208 of 1973) "approved deputy supervisor" (认可副主管) means a person approved as a deputy supervisor of a quarry under regulation 6(1); "approved supervisor" (认可主管) means a person approved as a supervisor of a quarry under regulation 4(1); "banksman" (工作区指导员) means a person who, for the purpose of preventing any mechanical equipment in a quarry from going over the edge of any face, side, tip or embankment in the quarry, directs and guides the operator or driver of that equipment from the ground; "dangerous occurrence" (危险事故) means an occurrence specified in the Schedule to the Factories and Industrial Undertakings Regulations (Cap 59 sub. leg. A); "Equipment Register" (设备登记册) means the register required to be kept and maintained in a quarry under regulation 14(1)(a); "mechanical equipment" (机动设备) means a bulldozer, dumper, excavator, grader, lorry or shovel loader, or any mobile machine which is used for the handling of any substance in a quarry; "overburden" (覆盖层) means any other substance which overlies the granite, porphyry or limestone which is extracted in a quarry; "person trained in first aid" (曾受急救训练的人) means a person who- (a) holds a current certificate of competency in first aid issued by the St. John Ambulance Association; or (b) is a registered nurse within the meaning of the Nurses Registration Ordinance (Cap 164),and, until 1 July 1970, also means a person who holds a certificate of competency in first aid issued by the St. John Ambulance Association at any time after 1 October 1959;"Quarry Inspection Register" (石矿场视察登记册) means the register required to be kept and maintained in a quarry under regulation 14(1)(b); "safety harness" (安全吊带) includes a safety belt; (L.N. 208 of 1973) "safety rope" (安全绳索) means a fibre or nylon rope which, whether consisting of a single length or made up of lengths, has an overall minimum breaking load of 13 kilonewtons force and a minimum circumference of 30 millimetres; (L.N. 208 of 1973; L.N. 238 of 1984) "supervisor on duty" (当值主管) means the approved supervisor or the approved deputy supervisor under whose supervision any work is for the time being carried on in a quarry in accordance with regulation 25(1) or (2); "Time Register" (记时册) means the register required to be kept and maintained in a quarry under regulation 14(1)(c); "vehicle" (车辆) includes any mechanical equipment; and "work" (工作) includes the operation or driving of any mechanical equipment. Cap 59F reg 3 Application for approval as supervisor PART II APPROVAL OF SUPERVISORS AND DEPUTY SUPERVISORS (1) An application for the approval of any person as a supervisor of a quarry shall be made by that person in the prescribed form. (See First Schedule, Form 1) (2) Every application made under paragraph (1) shall have a full-face photograph of the applicant affixed thereto. (3) Any application made under paragraph (1) may specify a date, being not more than 3 months later than the date of the application, before which the applicant does not desire the approval to come into effect. Cap 59F reg 4 Grounds for approval of supervisor (1) Where, on an application for the approval of any person as a supervisor of a quarry, the Commissioner for Labour is satisfied that the applicant- (a) is not less than 30 years of age; (b) has had not less than 5 years practical experience in work in quarries; and (c) is competent to be an approved supervisor of the quarry for the purposes of these regulations,and that the proprietor consents to the approval of the applicant, the Commissioner for Labour may approve the applicant as a supervisor of the quarry. (2) Where the Commissioner for Labour approves under paragraph (1) any applicant who has specified under regulation 3(3) a date before which the applicant does not desire such approval to come into effect, such approval shall come into effect on the date so specified. (3) Subject to paragraph (2), every approval by the Commissioner for Labour under paragraph (1) shall come into effect immediately. (4) Where, at the time that any approval by the Commissioner for Labour under paragraph (1) comes into effect, the applicant so approved is an approved supervisor or an approved deputy supervisor of any other quarry, the approval of the applicant in respect of such other quarry shall be deemed thereupon to be withdrawn. (5) Where the approval of any supervisor or deputy supervisor of a quarry is deemed to be withdrawn under paragraph (4), the Commissioner shall forthwith notify the proprietor of such quarry in writing, in English and in Chinese, that such approval has been so withdrawn. Cap 59F reg 5 Application for approval as deputy supervisor (1) An application for the approval of any person as a deputy supervisor of a quarry shall be made by that person in the prescribed form. (See First Schedule, Form 1) (2) Every application made under paragraph (1) shall have a full-face photograph of the applicant affixed thereto. (3) Any application made under paragraph (1) may specify a date, being not more than 3 months later than the date of the application, before which the applicant does not desire the approval to come into effect. Cap 59F reg 6 Grounds for approval of deputy supervisor (1) Where, on an application for the approval of any person as a deputy supervisor of a quarry, the Commissioner for Labour is satisfied that the applicant- (a) is not less than 25 years of age; (b) has had not less than 3 years practical experience in work in quarries; and (c) is competent to be an approved deputy supervisor of the quarry for the purposes of these regulations,and that the proprietor consents to the approval of the applicant, the Commissioner for Labour may approve the applicant as a deputy supervisor of the quarry. (2) Where the Commissioner for Labour approves under paragraph (1) any applicant who has specified under regulation 5(3) a date before which the applicant does not desire such approval to come into effect, such approval shall come into effect on the date so specified. (3) Subject to paragraph (2), every approval by the Commissioner for Labour under paragraph (1) shall come into effect immediately. (4) Where, at the time that any approval by the Commissioner for Labour under paragraph (1) comes into effect, the applicant so approved is an approved supervisor or an approved deputy supervisor of any other quarry, the approval of the applicant in respect of such other quarry shall be deemed thereupon to be withdrawn. (5) Where the approval of any supervisor or deputy supervisor of a quarry is deemed to be withdrawn under paragraph (4), the Commissioner shall forthwith notify the proprietor of such quarry in writing, in English and in Chinese, that such approval has been so withdrawn. Cap 59F reg 7 Commissioner to serve notice of decision on applicant (1) Where the Commissioner for Labour approves or refuses to approve any person as a supervisor or deputy supervisor under regulation 4(1) or regulation 6(1), the Commissioner shall forthwith notify that person in writing, in English and in Chinese, of his decision. (2) Where the Commissioner for Labour refuses to approve any person as a supervisor or deputy supervisor, the notice referred to in paragraph (1) shall include- (a) a statement of the reasons of the Commissioner for Labour for his refusal; and (b) an endorsement which shall set out the provisions of this regulation and of regulations 11, 12 and 13.(3) Any person whom the Commissioner for Labour refuses to approve as a supervisor or deputy supervisor under regulation 4(1) or regulation 6(1) may appeal to the Administrative Appeals Board. (6 of 1994 s. 37) Cap 59F reg 8 Approval to be withdrawn on request (1) At the request of an approved supervisor or an approved deputy supervisor in a quarry, the Commissioner for Labour shall withdraw his approval of that supervisor or deputy supervisor. (2) Where the Commissioner for Labour withdraws his approval of any supervisor or deputy supervisor under paragraph (1), the Commissioner shall forthwith notify the proprietor of the quarry in writing, in English and in Chinese, that his approval has been so withdrawn. Cap 59F reg 9 Proprietor to give notice of termination of employment of supervisor or deputy supervisor (1) Where the proprietor of a quarry ceases to employ an approved supervisor or an approved deputy supervisor, the proprietor shall within 14 days thereafter notify the Commissioner for Labour in writing, in English or in Chinese, of- (a) the full name of that supervisor or deputy supervisor; and (b) the date on which he ceased to employ that supervisor or deputy supervisor.(2) Any proprietor who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 10 Grounds on which approval of supervisor or deputy supervisor may be withdrawn (1) Where the Commissioner for Labour is satisfied that an approved supervisor or an approved deputy supervisor of a quarry- (a) has been convicted of an offence against these regulations; or (b) is no longer acting as an approved supervisor or an approved deputy supervisor of the quarry for the purposes of these regulations,he may withdraw his approval of that supervisor or deputy supervisor. (2) Where the Commissioner for Labour withdraws his approval of a supervisor or a deputy supervisor under paragraph (1), the Commissioner shall forthwith serve notice in writing, in English and in Chinese, of his decision on- (a) that supervisor or deputy supervisor; and (b) the proprietor of the quarry.(3) Every notice referred to in paragraph (2) shall include- (a) a statement of the reasons of the Commissioner for Labour for withdrawing his approval; and (b) an endorsement which shall set out the provisions of this regulation and of regulations 11, 12 and 13.(4) Any supervisor or deputy supervisor in respect of whom the Commissioner for Labour withdraws his approval under paragraph (1) may appeal to the Administrative Appeals Board. (6 of 1994 s. 37) Cap 59F reg 11 Time limit for appeal Every appeal under regulation 7(3) or regulation 10(4) shall be brought within 28 days of the date of service on the appellant of the notice in writing of the decision of the Commissioner for Labour against which the appeal is brought. (6 of 1994 s. 37) Cap 59F reg 11A Operation of decision in case of appeal A decision of the Commissioner for Labour against which an appeal is brought under regulation 10(4) 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. (6 of 1994 s. 37) Cap 59F reg 12 Powers of Chief Executive on appeal Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 Upon any such appeal the Chief Executive may confirm, reverse or vary the decision of the Commissioner for Labour. (54 of 2000 s. 3) Cap 59F reg 13 Permission for supervisor or deputy supervisor to continue to act pending appeal (1) Where the Commissioner for Labour withdraws his approval of a supervisor or deputy supervisor of a quarry under regulation 10(1), the Commissioner for Labour may permit the supervisor or deputy supervisor to continue to be an approved supervisor or an approved deputy supervisor of the quarry on such conditions, if any, as the Commissioner for Labour thinks fit- (a) until the time specified in regulation 11 for bringing an appeal has expired; or (b) where the supervisor or deputy supervisor within the time specified in regulation 11 appeals against the decision of the Commissioner for Labour, until the appeal is disposed of,whichever event occurs first. (2) Notwithstanding paragraph (1), where the supervisor or deputy supervisor within the time specified in regulation 11 appeals against the decision of the Commissioner for Labour and the appeal is not disposed of within that specified time, the Commissioner for Labour may permit the supervisor or deputy supervisor to continue to be an approved supervisor or an approved deputy supervisor of the quarry on such conditions, if any, as the Commissioner for Labour thinks fit, until the appeal is disposed of. Cap 59F reg 14 Registers to be kept in quarry PART III REGISTERS (1) In every quarry there shall at all times be kept and maintained the following registers- (a) an Equipment Register; (b) a Quarry Inspection Register; and (c) a Time Register.(2) Every register shall be in the prescribed form and may be maintained either in English or in Chinese. (See First Schedule, Forms 2, 3 & 4) (3) The proprietor of any quarry in respect of which paragraph (1) or (2) is contravened shall be guilty of an offence. Cap 59F reg 15 Quarry to be fenced PART IV SAFETY EQUIPMENT (1) Every quarry shall be bounded by a five-strand wire fence or by such other type of fence as the Commissioner or any officer authorized in writing by the Commissioner for Labour may approve in writing in any particular case. (2) Every fence shall be not less than 1.2 metres in height above the ground. (L.N 238 of 1984) (3) The proprietor of any quarry in respect of which paragraph (1) or (2) is contravened shall be guilty of an offence. Cap 59F reg 16 Warning notices (1) Every quarry shall have along its boundary fences, at intervals of not more than 15 metres, warning notices in accordance with this regulation. (L.N. 238 of 1984) (2) Every warning notice shall- (a) face outwards from the quarry; and (b) bear in letters and characters of not less than 40 millimetres in height, the following- (L.N. 238 of 1984) "DANGER-QUARRY 危险－石矿场".(3) The proprietor of any quarry in respect of which paragraph (1) or (2) is contravened shall be guilty of an offence. Cap 59F reg 17 Proprietor to provide safety helmets (1) The proprietor of every quarry shall provide for every person who works on any top, face or floor in the quarry a safety helmet of a type approved by the Commissioner or any officer authorized in writing by the Commissioner for Labour. (2) Any proprietor who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 18 Proprietor to provide safety rope or harness (1) The proprietor of every quarry shall provide for every person who works on any top or face in the quarry a safety rope and a safety harness of a type approved by the Commissioner or any officer authorized in writing by the Commissioner for Labour. (L.N. 208 of 1973) (2) Any proprietor who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 19 Certain number of workers to be trained in first aid PART V FIRST AID IN QUARRIES (1) No work shall be carried on in any quarry unless the following number of the persons working in the quarry are persons trained in first aid- (a) where less than 50 persons are so working, 3 persons or such lesser number of persons as the Commissioner or any officer authorized in writing by the Commissioner for Labour may specify in writing in any particular case; (b) where 50 or more persons but less than 300 persons are so working, 3 persons; and (c) where 300 or more persons are so working, 5 persons.(2) Where any work is carried on in a quarry in contravention of paragraph (1)- (a) the proprietor; and (b) the supervisor on duty,shall each be guilty of an offence. Cap 59F reg 20 Proprietor to deliver to Commissioner for Labour particulars of persons trained in first aid (1) The proprietor of every quarry in which any person trained in first aid is working at the date of commencement of this Part shall within 14 days thereafter deliver in writing, in English or in Chinese, to the Commissioner for Labour the information required under paragraph (3) in relation to such person. (2) The proprietor of every quarry in which any person trained in first aid commences to work after the date of commencement of this Part shall within 14 days of the date on which that person commences to work in the quarry deliver in writing, in English or in Chinese, to the Commissioner for Labour the information required under paragraph (3) in relation to such person. (3) The information required to be delivered in writing to the Commissioner for Labour in respect of the person trained in first aid shall be- (a) the full name of such person; (b) the date on which he commenced to work in the quarry; and (c) the qualifications by virtue of which he is deemed to be trained in first aid.(4) Where after the date of commencement of this Part any person trained in first aid ceases to work in any quarry, the proprietor of the quarry shall within 14 days of such person having ceased to work in the quarry notify the Commissioner for Labour in writing, in English or in Chinese, of- (a) the full name of such person; and (b) the date on which such person ceased to work in the quarry.(5) Any proprietor who contravenes paragraph (1), (2) or (4) shall be guilty of an offence. Cap 59F reg 21 First aid equipment to be kept in quarry (1) In every quarry there shall at all times be kept and maintained in good condition the first aid equipment specified in the Second Schedule. (2) The Commissioner or any officer authorized in writing by the Commissioner for Labour may by notice in writing, in English and in Chinese, to the proprietor of a quarry require that- (a) a sufficient supply of assorted sizes of waterproof adhesive wound dressings; and (b) a sufficient supply of waterproof adhesive plaster,shall be kept and maintained in good condition in the quarry. (3) The proprietor of a quarry in respect of which- (a) paragraph (1); or (b) a requirement made under paragraph (2),is contravened shall be guilty of an offence. Cap 59F reg 22 First aid equipment to be kept in box or cupboard (1) All first aid equipment which is required to be kept and maintained in a quarry under regulation 21(1) and (2) shall be kept and maintained in a first aid box or cupboard which is of adequate capacity and which is in a readily accessible place. (2) Nothing except first aid equipment shall be kept in a first aid box or cupboard. (3) Every first aid box or cupboard shall be marked plainly "FIRST AID" in English and " 急救 " in Chinese. (4) The proprietor of any quarry in respect of which paragraph (1), (2) or (3) is contravened shall be guilty of an offence. Cap 59F reg 23 Proprietor to designate person in charge of first aid box or cupboard (1) The proprietor of every quarry shall designate a person who works in the quarry and who is a person trained in first aid to be in charge of the first aid box or cupboard and the first aid equipment contained therein. (2) Any proprietor who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 24 Stretcher to be kept alongside first aid box or cupboard (1) In every quarry a stretcher shall at all times be kept alongside the first aid box or cupboard and maintained in good condition. (2) The proprietor of any quarry in respect of which paragraph (1) is contravened shall be guilty of an offence. Cap 59F reg 25 No work to be carried on except under sole supervision of supervisor or deputy supervisor PART VI QUARRY OPERATIONS (1) Except as provided in paragraph (2), no work shall be carried on in any quarry unless- (a) an approved supervisor of the quarry is present at the quarry; and (b) the work is carried on under the sole supervision of such approved supervisor.(2) Where no approved supervisor is present at the quarry, work may be carried on in the quarry if- (a) an approved deputy supervisor of the quarry is present at the quarry; and (b) the work is carried on under the sole supervision of such approved deputy supervisor:Provided that the total time in any 1 year during which work may be carried on in a quarry in accordance with this paragraph shall not, except with the consent in writing of the Commissioner or any person authorized in writing by the Commissioner for Labour, exceed 500 hours. (3) The proprietor of any quarry in which any work is carried on in contravention of paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 26 Supervisor on duty to complete daily entry in Time Register (1) Every supervisor on duty in a quarry shall in respect of each period during which work is carried on in the quarry under his supervision complete the prescribed entry in the Time Register. (See First Schedule, Form 4) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 27 Persons not to work in quarry without sufficient instruction or training (1) No supervisor on duty in a quarry shall permit any person to work therein who has not received sufficient instruction and training in the work in which he is engaged. (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 28 Supervisor on duty to inspect working places periodically (1) At the beginning of every work shift in any quarry, every place or road therein which will be used by any person in the course of his work during the work shift shall be inspected by the supervisor on duty to determine whether any person who may use such place or road during the work shift will be endangered or is likely to be endangered. (2) At the beginning of the first work shift on every day on which work is carried on in any quarry, the supervisor on duty shall inspect- (a) every top, face or side in the quarry; and (b) any overburden in the quarry,to determine whether the top, face, side or overburden endangers or is likely to endanger any person at any place in the quarry. (3) Any supervisor on duty who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 29 Supervisor on duty to prohibit entry to dangerous place or road (1) Where the supervisor on duty in a quarry- (a) on making any inspection under regulation 28(1) finds that any person who may use any place or road in the quarry during the working shift will be endangered or is likely to be endangered; or (b) on making any inspection under regulation 28(2) finds that any top, face, side or overburden in a quarry endangers or is likely to endanger any person at any place in the quarry,he shall forthwith prohibit every person from entering or remaining on such place or road, or such place, as the case may be, until the danger or likelihood of danger is removed. (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 30 Inspection report (1) Every supervisor on duty in a quarry who makes an inspection under regulation 28(1) or (2) shall forthwith enter in the Quarry Inspection Register a full report of the result of his inspection including details of any prohibition made by him under regulation 29(1). (See First Schedule, Form 3) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 31 Offence to enter dangerous place or road in contravention of prohibition Any person who enters or remains on any place or road, or any place, as the case may be, in a quarry in contravention of a prohibition made by the supervisor on duty under regulation 29(1) shall be guilty of an offence: Provided that with the consent of the supervisor on duty a person may enter or remain on the place or road, or place, as the case may be, for the purposes of removing the danger or likelihood of danger. Cap 59F reg 32 Worker to carry out periodic inspections of working place (1) Every person who works in a quarry shall- (a) at the beginning of every work shift therein; and (b) after any shot has been fired at or in the vicinity of the place at which he is working,inspect the place at which he is working to determine whether it is a safe working place. (2) If he is not satisfied with the safety of his working place, he shall forthwith- (a) stop working there; (b) leave the working place; and (c) report to the supervisor on duty that he is not satisfied with the safety of the working place.(3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 33 Supervisor on duty to inspect working place reported to be unsafe (1) Every supervisor on duty in a quarry who receives a report under regulation 32(2)(c) shall forthwith inspect the working place referred to in the report to determine whether it is a safe working place. (2) Where, on making an inspection under paragraph (1), the supervisor on duty finds that a working place is unsafe, he shall forthwith prohibit every person from entering or remaining on such place until it has been made safe. (3) Any supervisor on duty who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 34 Inspection report (1) Every supervisor on duty in a quarry who makes an inspection under regulation 33(1) shall forthwith enter in the Quarry Inspection Register a full report of the result of his inspection including details of any prohibition made by him under regulation 33(2). (See First Schedule, Form 3) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 35 Offence to enter unsafe place in contravention of prohibition Any person who enters or remains on any place in contravention of a prohibition made by a supervisor on duty under regulation 33(2) shall be guilty of an offence: Provided that with the consent of the supervisor on duty, a person may enter or remain on the place for the purposes of making it safe. Cap 59F reg 36 Safety helmet to be worn for certain work (1) No person shall go or remain on any top, face or floor in a quarry unless he is wearing a safety helmet of a type approved by the Commissioner or any officer authorized in writing by the Commissioner for Labour under regulation 17(1). (2) Any person who- (a) being the supervisor on duty in a quarry, permits any person to go or remain on any top, face or floor in the quarry in contravention of paragraph (1); or (b) contravenes paragraph (1),shall be guilty of an offence. Cap 59F reg 37 Safety rope or harness to be worn for certain work (1) No person shall go or remain on any top or face in a quarry unless- (a) he wears a safety harness of a type approved under regulation 18(1); (b) the safety harness is securely attached to a safety rope; and (c) the free end of the safety rope is securely attached to an anchorage.(2) Any person who- (a) being the supervisor on duty in a quarry, permits any person to go or remain on any top or face in the quarry in contravention of paragraph (1); or (b) contravenes paragraph (1),shall be guilty of an offence. (L.N. 208 of 1973) Cap 59F reg 38 Supervisor on duty to inspect equipment periodically (1) At the beginning of the first work shift on everyday on which work is carried on in any quarry, the supervisor on duty shall inspect all mechanical equipment used in the quarry or which is in the quarry for the purpose of being used, to determine whether it is in safe and efficient working order and shall inspect every anchorage which is in the quarry for the purpose of being used to determine whether it is safe to be used. (L.N. 208 of 1973) (2) At the beginning of the first work shift on the first working day of every week in which work is carried on in any quarry, the supervisor on duty shall inspect- (a) every safety rope and every safety harness used in the quarry or which is in the quarry for the purpose of being used, to determine whether they are in safe and efficient working order; and (L.N. 208 of 1973) (b) every safety helmet used in the quarry or which is in the quarry for the purpose of being used, to determine whether it is in safe condition.(3) Any supervisor on duty who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 39 Supervisor on duty to prohibit use of unsafe or inefficient equipment (1) Where the supervisor on duty in a quarry- (a) on making any inspection under regulation 38(1), finds that any mechanical equipment is not in safe and efficient working order or that any anchorage is not safe to be used; (b) on making any inspection under regulation 38(2)(a), finds that any safety rope or safety harness is not in safe and efficient working order; or (c) on making any inspection under regulation 38(2)(b), finds that any safety helmet is not in a safe condition,he shall forthwith prohibit every person from operating or driving such mechanical equipment or from using such anchorage, safety rope, safety harness or safety helmet in the quarry until it has been put into safe and efficient working order, or safe condition, or is safe to be used, as the case may be. (L.N. 208 of 1973) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 40 Inspection report (1) Every supervisor on duty in a quarry who makes an inspection under regulation 38(1) or (2) shall forthwith enter in the Equipment Register a full report of the result of his inspection including details of any prohibition made by him under regulation 39(1). (See First Schedule, Form 2) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 41 Offence to use unsafe or inefficient equipment in contravention of prohibition Any person who- (a) operates or drives any mechanical equipment; or (b) uses any anchorage, safety rope, safety harness or safety helmet,in a quarry in contravention of a prohibition made by the supervisor on duty under regulation 39(1) shall be guilty of an offence: Provided that with the consent of the supervisor on duty a person may operate or drive the mechanical equipment or use the anchorage, safety rope, safety harness or safety helmet for the purposes of putting it into safe and efficient working order, or safe condition, or making it safe to be used, as the case may be. (L.N. 208 of 1973) Cap 59F reg 42 Offence to use mechanical equipment without permission of supervisor on duty (1) No person shall operate or drive any mechanical equipment in a quarry without the permission of the supervisor on duty. (2) Any person who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 43 Inexperienced person not to use mechanical equipment (1) No supervisor on duty in a quarry shall permit any person who is not experienced in the operation of any mechanical equipment to operate or drive such equipment in the quarry. (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 44 Unlicensed person not to use certain vehicles in quarry (1) No supervisor on duty in a quarry shall permit any vehicle which by virtue of the Road Traffic Ordinance (Cap 374) may not be operated or driven on a road except by a person who holds a valid licence to operate or drive vehicles of that class, to be operated or driven in the quarry by any person who does not hold such a licence. (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 45 Supervisor on duty not to permit mechanical equipment to be used at or near edges unless banksman present (1) No supervisor on duty in a quarry shall permit any person to operate or drive any mechanical equipment at or near the edge of any face, side, tip or embankment in the quarry unless a banksman is in attendance. (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 46 Mechanical equipment not to be used at or near edges unless banksman present (1) No person shall operate or drive any mechanical equipment at or near the edge of any face, side, tip or embankment in a quarry unless a banksman is in attendance. (2) Where in respect of any mechanical equipment the attendance of a banksman is required under paragraph (1), the operator or driver shall comply with every direction or signal which is given to him by the banksman. (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 47 Worker to report defect in equipment (1) Every operator or driver of any mechanical equipment in a quarry who becomes aware of any defect in such equipment shall forthwith stop operating or driving such equipment and report the defect to the supervisor on duty. (2) Every person who, while using any anchorage, safety rope, safety harness or safety helmet in any quarry in which any work is being carried on, becomes aware of any defect in that anchorage, safety rope, safety harness or safety helmet shall forthwith stop using it and report the defect to the supervisor on duty. (L.N. 208 of 1973) (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 48 Supervisor on duty to inspect reported defect in equipment (1) Every supervisor on duty in a quarry to whom a defect is reported under regulation 47(1) or (2) shall forthwith inspect the defect. (2) Where, on inspecting a reported defect under paragraph (1), the supervisor on duty finds that it is causing or is likely to cause danger to any person, he shall forthwith prohibit every person from operating or driving the mechanical equipment or using the anchorage, safety rope, safety harness or safety helmet, as the case may be, in the quarry until the defect has been remedied. (L.N. 208 of 1973) (3) Any supervisor on duty who contravenes paragraph (1) or (2) shall be guilty of an offence. Cap 59F reg 49 Inspection report (1) Every supervisor on duty in a quarry who inspects a reported defect under regulation 48(1) shall forthwith enter in the Equipment Register a full report of the result of his inspection including details of any prohibition made by him under regulation 48(2). (See First Schedule, Form 2) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 50 Offence to use defective equipment in contravention of prohibition Any person who- (a) operates or drives any mechanical equipment; or (b) uses any anchorage, safety rope, safety harness or safety helmet,in contravention of a prohibition made by a supervisor on duty under regulation 48(1) shall be guilty of an offence: Provided that with the consent of the supervisor on duty a person may operate or drive the mechanical equipment or use the anchorage, safety rope, safety harness or safety helmet, as the case may be, for the purposes of remedying the defect. (L.N. 208 of 1973) Cap 59F reg 51 Offence to go under certain mechanical equipment (1) No person in a quarry shall go or remain underneath- (a) any object suspended by a lifting appliance; (b) the arc of travel of a bucket of any mechanical loading equipment which is in operation; or (c) a loaded bucket of any mechanical loading equipment.(2) Any person who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 52 Manner in which work is to be executed (1) The supervisor on duty in a quarry shall cause all work therein to be carried out so as to avoid as far as may reasonably be possible- (a) any overhanging rock or overburden on any face or side in the quarry; and (b) any danger from any fall of rock or overburden.(2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 53 Overburden to be cleared back (1) The supervisor on duty in a quarry shall cause all work therein to be carried out so that any overburden at the top of any face or side in the quarry is cleared back horizontally from the top of the face or side to a distance of not less than twice that of the height of the overburden or not less than 8 metres, whichever is the greater. (L.N. 238 of 1984) (2) Any supervisor on duty who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 54 Maximum height of face (1) Subject to regulation 55, where the height of any face in a quarry exceeds 25 metres, or such lesser height as the Commissioner or any officer authorized in writing by the Commissioner for Labour may in any particular case specify under paragraph (2), no work on the face shall be carried on except for the purpose of reducing the height of the face to- (a) a height of 25 metres; or (b) where a height of less than 25 metres has been specified by the Commissioner or any officer authorized in writing by the Commissioner for Labour under paragraph (2), that lesser height. (L.N. 238 of 1984)(2) If in the opinion of the Commissioner or any officer authorized in writing by the Commissioner for Labour it is in any particular case desirable to do so for the purposes of safety in a quarry, he may by notice in writing, in English and in Chinese, served on the proprietor of the quarry specify a height, being a height less than 25 metres, in excess of which no work on a face in the quarry may be carried on otherwise than in accordance with paragraph (1)(b). (L.N. 238 of 1984) (3) Any person who- (a) being the supervisor on duty in a quarry, permits any work on any face therein to be carried on in contravention of paragraph (1); or (b) works on any face in contravention of paragraph (1),shall be guilty of an offence. Cap 59F reg 55 Commissioner may permit work on face exceeding maximum height The Commissioner or any officer authorized in writing by the Commissioner for Labour may if he thinks fit in any particular case give permission in writing for work on any face in a quarry to be carried on notwithstanding that the height of the face exceeds 25 metres. (L.N. 238 of 1984) Cap 59F reg 56 Work on faces not to be carried on simultaneously where danger of falling objects (1) Where any face in a quarry is situated above any other face therein so that there is a likelihood that, if work on the higher face is carried on, any person working on the lower face will be endangered by the fall of any substance or thing from the higher face, no work on the lower face shall be carried on simultaneously with any work on the higher face. (2) Any person who- (a) being the supervisor on duty in a quarry, permits any work on any face therein to be carried on in contravention of paragraph (1); or (b) works on any face in contravention of paragraph (1),shall be guilty of an offence. Cap 59F reg 57 Accidents and dangerous occurrences (1) Where any fatal accident or dangerous occurrence occurs at a quarry, no person shall, except for the purpose of saving life or assisting or rendering first aid to any injured person,- (a) disturb the place at which the accident or occurrence took place; or (b) remove or interfere with anything at that place,until- (i) the expiry of 3 clear days after the accident or occurrence has been notified to the Superintendent of Mines under regulation 17 or 18 of the Factories and Industrial Undertakings Regulations (Cap 59 sub. leg. A); or (ii) the place at which the accident or occurrence took place has been visited by the Commissioner or any officer authorized in writing by the Commissioner for Labour,whichever event occurs first. (2) Any person who contravenes paragraph (1) shall be guilty of an offence. Cap 59F reg 58 Penalties PART VII MISCELLANEOUS A person who is guilty of an offence- (a) against regulation 15 or 25, shall be liable on conviction to a fine of $50000; (b) against regulation 17, 18, 27, 28, 29, 33, 36(2)(a), 37(2)(a), 38, 39, 43, 44, 45, 48, 52, 53, 54(3)(a) or 56(2)(a), shall be liable on conviction to a fine of $30000; (c) against regulation 9, 14, 16, 19, 20, 21, 22, 23, 24, 26, 30, 31, 32, 34, 35, 36(2)(b), 37(2)(b), 40, 41, 42, 46, 47, 49, 50, 51, 54(3)(b), 56(2)(b), or 57, shall be liable on conviction to a fine of $10000. (L.N. 318 of 1981) Cap 59F reg 59 Liability of proprietor Notwithstanding section 13(1) of the Ordinance, no proprietor of a quarry shall be guilty of an offence against any of these regulations unless it is expressly provided in such regulation that a proprietor of a quarry shall be guilty of an offence. Cap 59F Sched 1 FORM 1 [regulations 3(1) & 5(1)] QUARRIES (SAFETY) REGULATIONS APPLICATION FOR APPROVAL AS A SUPERVISOR/DEPUTY SUPERVISOR(1) OF A QUARRY 1. I .............................................................., of ............................................................. (full name) (address)hereby apply to be approved as a supervisor/deputy supervisor(1) of the ............................ .............................................................................................Quarry/a quarry(1) situated at ................................................................................................................................ (address of quarry) 2. I submit the following information in support of this application:- (a) Date of birth: ........................................................................................................ (b) Identity Card Number: ........................................................................................... (c) Practical experience in work in quarries: ................................................................. ............................................................................................................................. ............................................................................................................................. .............................................................................................................................(d) Qualifications(2): ..................................................................................................... ............................................................................................................................. 3. I am already an approved supervisor/approved deputy supervisor(1) of the following quarry under these regulations(2): ............................................................................................. 4. I specify ................................................................................ as the date before which I do not desire the approval of this application, if granted, to come into effect.(2)(4) 5. I attach the written consent of the proprietor(s)(1) of the quarry to my approval as a supervisor/deputy supervisor(1) of the quarry(3). Photograph of Applicant Date: .................................................. Signature of applicant: ............................................. Note: (1) Delete whichever is inapplicable. (2) Delete if inapplicable. (3) Delete if applicant is sole proprietor of quarry. (4) Date specified must not be more than 3 months later than date of application. ______________________ FORM 2 [regulation 14(2), 40(1) & 49(1)] QUARRIES (SAFETY) REGULATIONS EQUIPMENT REGISTER Date and time of inspection Equipment inspected Report Supervisor on duty by whom inspected Signature of supervisor on duty by whom inspected __________________ FORM 3 [regulation 14(2), 30(1) & 34(1)] QUARRIES (SAFETY) REGULATIONS QUARRY INSPECTION REGISTER Date and time of inspection Place inspected Report Supervisor on duty by whom inspected Signature of supervisor on duty by whom inspected _____________________ FORM 4 [regulation 14(2) & 26(1)] QUARRIES (SAFETY) REGULATIONS TIME REGISTER Date Hours during which work carried on in quarry Supervisor on duty Signature of supervisor on duty (L.N.570 of 1995) Cap 59F Sched 2 [regulation 21(1)] PART I FIRST AID EQUIPMENT REQUIRED WHERE THE NUMBER OF PERSONS EMPLOYED OR ENGAGED TO WORK IN A QUARRY DOES NOT EXCEED 50 (a) A copy of the leaflet issued by the Commissioner giving advice on first aid treatment. (b) A sufficient number of (and in any event, not less than 12) small sterilized unmedicated dressings for injured fingers. (c) A sufficient number of (and in any event, not less than 6) medium-sized sterilized unmedicated dressings for injured hands or feet. (d) A sufficient number of (and in any event, not less than 4) adhesive wound dressings of assorted sizes. (e) A sufficient number of (and in any event, not less than 4) triangular bandages of unbleached calico, the longest side of each bandage measuring not less than 1.3 metres and each of the other sides of each bandage measuring not less than 900 millimetres. (f) A sufficient supply (and in any event, not less than 1 roll of 25 millimetres by 4.5 metres of zinc oxide plaster) of adhesive plaster. (g) A sufficient number of (and in any event, not less than 6) 30 grams packets of absorbent cotton wool. (h) A pressure bandage. (i) A sufficient number of safety pins. (j) An eye bath. (Note: All materials for dressings shall be those designated in, and of a grade or quality not lower than the standards specified by the British Pharmaceutical Codex.) (L.N. 238 of 1984) ___________ PART II FIRST AID EQUIPMENT REQUIRED WHERE THE NUMBER OF PERSONS EMPLOYED OR ENGAGED TO WORK IN A QUARRY EXCEED 50 (a) A copy of the leaflet issued by the Commissioner giving advice on first aid treatment. (b) A sufficient number of (and in any event, not less than 24) small sterilized unmedicated dressings for injured fingers. (c) A sufficient number of (and in any event, not less than 12) medium-sized sterilized unmedicated dressings for injured hands or feet. (d) A sufficient number of (and in any event, not less than 36) adhesive wound dressings of assorted sizes. (e) A sufficient number of (and in any event, not less than 8) triangular bandages of unbleached calico, the longest side of each bandage measuring not less than 1.3 metres and each of the other sides of each bandage measuring not less than 900 millimetres. (f) A sufficient supply (and in any event, not less than 2 roll of 25 millimetres by 4.5 metres of zinc oxide plaster) of adhesive plaster. (g) A sufficient number of (and in any event, not less than 12) 30 grams packets of absorbent cotton wool. (h) A pressure bandage. (i) A sufficient number of safety pins. (j) An eye bath. (Note: All materials for dressings shall be those designated in, and of a grade or quality not lower than the standards specified by the British Pharmaceutical Codex.) (L.N. 238 of 1984)
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