4. Duties in cases of workplace accidents and dangerous occurrences
Under section 13 of the Ordinance, when an accident occurs at a workplace causing the death of or serious bodily injury to an employee, the person responsible for the workplace must notify an occupational safety officer within 24 hours of the accident. If the notice is not contained in a written report, there is a further requirement to report the accident in writing within 7 days and must include the particulars of the accident and specify the victim, employer and/or occupier.
Should the victim of the accident die after the accident has been reported, the person responsible for the workplace must report the death to an occupational safety officer and police within 24 hours after becoming aware of the death.
Failure to comply with any of the requirements above can result in a fine of $100,000.
2. Dangerous occurrence
According to section 3 of the Ordinance, “dangerous occurrence” means an occurrence of a kind specified in Schedule 1, which include collapse of particular plants or structure of the premises, explosion or fire that causes damage to the workplace, etc.
Under section 14 of the Ordinance, the occupier of premises where a workplace is located must report to an occupational safety officer any dangerous occurrence that occurs at the workplace. The report must be in writing and be lodged within 24 hours after the dangerous occurrence concerned. Failure to comply can result in a fine of $100,000.
Holding of informal inquiry into workplace accident or dangerous occurrence
Under section 16 of the Ordinance, whenever an accident or dangerous occurrence occurs in a workplace, the Commissioner for Labour may arrange for an inquiry to be held to determine the causes of the accident or occurrence and the circumstances in which it occurred. The inquiry is conducted in an informal manner and to report the findings of the inquiry to the Commissioner in writing.
For more details regarding occupational safety and health matters, please visit the Labour Department’s webpage.