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Occupational Safety and Occupational Health Legislation Ordinance Passed – Construction Site Safety Is Everyone’s Responsibility

As the saying goes, “A skyscraper starts from the ground.” Only with a solid foundation can a stable building be constructed. In the construction industry, safety is undoubtedly one of the most crucial pillars driving its development.

Thanks to the joint efforts of the industry, professional bodies, and the government, construction site safety has steadily improved in recent years, with technology being introduced to enhance safety standards. However, the industry still records over 20 fatal accidents annually, many of which involve temporary works. Some attribute these accidents to a lack of safety awareness across stakeholders, while others believe safety messages are not effectively communicated from top to bottom.

Fatal Accidents Spark Debate – Personal Responsibility Must Be Addressed

Last year’s tragic crane collapse on Anderson Road site resulted in multiple casualties. Following an investigation, the Labour Department filed over 60 charges. In addition to the main contractor and subcontractors, several individuals were also prosecuted—an uncommon occurrence that prompts reflection: “In past incidents, how many people truly bore responsibility? Is it fair to place all blame solely on the employer?”

This incident sparked widespread discussion. In April this year, the long-standing Occupational Safety and Health Ordinance was finally amended by the Legislative Council, with penalties related to the construction industry adjusted accordingly. Human lives are at stake. While contractors are responsible for providing adequate safety equipment, setting policies, assessing risks, and reminding workers to strictly follow safety protocols, should frontline managers, workers, and third parties be exempt from accountability when accidents occur?

Increasing penalties may help deter violations, but it doesn’t mean accidents will immediately drop to zero. The industry has long worked to improve occupational safety. Yet, despite accumulating professional knowledge and experience over the years, personal responsibility has rarely been emphasized, and negligent individuals who disregard safety have often escaped consequences.

Clarifying Stakeholder Responsibilities to Prevent Recurrence

Construction work is complex and involves many parties. To fundamentally reduce the likelihood of accidents, I believe it’s essential to clarify the responsibilities of all stakeholders. Everyone must understand their role and duties within a project, adjust their mindset, and cultivate crisis awareness.

Take traffic violations as an example: laws clearly define the responsibilities of road users and drivers. Offenders cannot evade accountability, and law enforcement can determine who is responsible and apply penalties accordingly. In construction, clear and comprehensive guidelines can serve as a warning to both employers and frontline workers. They must follow work and safety instructions at all times—or face suspension, work stoppages, or even serious legal consequences.

Moreover, clarifying responsibilities empowers authorities to enforce penalties more effectively and prevent similar incidents from recurring. In fact, the Construction Industry Council has already published several reference guidelines for the industry, aiming to raise awareness among different stakeholders. As a member of the contracting community, I hope these guidelines will eventually be incorporated into official codes of practice, truly realizing the principle that “Construction site safety is everyone’s responsibility.”

職安健修例通過  工地安全人人有責

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Ir Dr. Pang Yat Bond, Derrick, JP

2023-06-01

By Ir Dr. Pang Yat Bond, Derrick, JP

Chief Executive Officer

BSc, MEng, MBA, PhD, PE(US), MICE, MHKIE