Foreman gets 2-month jail time for fatal workplace incident in Hong Kong

Two employees died, while two others and foreman injured in incident

Foreman gets 2-month jail time for fatal workplace incident in Hong Kong

A foreman in Hong Kong has been sentenced to two months of jail time for a fatal workplace accident in December 2021 that left two of his workers killed.

The West Kowloon Magistrates' Courts on Wednesday also fined the foreman $2,500 for violating the Factories and Industrial Undertakings Ordinance and the Construction Sites (Safety) Regulations.

The Labour Department launched prosecutions after the foreman and four of his workers were involved in a fatal accident at a drainage work site in Chek Lap Kok in December 2021.

According to the Labour Department, the team inhaled toxic gas successively while carrying out maintenance on an inspection chamber.

Two of the employees died, while the two others and the foreman were injured.

“Hazardous gases of different densities may accumulate at different levels and locations in the confined space,” says the Hong Kong Labour Department, citing gases such as hydrogen sulphide, carbon monoxide and methane.

A spokesman from the Labour Department welcomed the courts' decision in a statement.

"The Labour Department welcomes the court's decision and believes the aforementioned sentences have a deterrent effect to remind employees to strictly comply with the requirements under safety legislation to safeguard the safety and health at work of himself and of other persons," the spokesman said.

Hong Kong's Construction Sites (Safety) Regulations sets out the safety requirements that are applicable to operations carried out in construction sites.

The Factories and Industrial Undertakings Ordinance also states that it is "the duty of every person employed at an industrial undertaking while at work to take reasonable care for the health and safety of the person and other persons who may be affected by the person's acts or omissions at work."