Hong Kong contractor, firm fined over employee death

A contractor and scaffolding company in Hong Kong have been fined $50,000 and $56,000, respectively, by the Tuen Mun Magistrates' Courts due to an employee's death last year.

The companies were fined for violating the Factories and Industrial Undertakings Ordinance, the Construction Sites (Safety) Regulations, and the Employees' Compensation Ordinance.

It stems from a case in September 2021 when an employee, who was a scaffolder, died after falling from the 12th floor of the external wall of a building, plunging to the first-floor canopy of the establishment, and then died.

A probe revealed that the employee's contractor and employer failed to adopt necessary safety measures, while the latter also did not secure an insurance policy for its employees, a government release said.

This is a violation of the occupational safety and health (OSH) law that requires contractors, employers, or proprietors to take adequate OSH precautions.

Employers are also required to take out insurance policies for the employees, so they are covered by liabilities that are under the Employees' Compensation Ordinance and under common law for injuries at work.

Following the incident, Hong Kong's Labour Department launched prosecutions that eventually led to the fines slapped against the employer and the contractor.

"Contractors/employers/proprietors that fail to ensure their employees' OSH are liable to a maximum fine of $500,000 and imprisonment for one year. In addition, employers that fail to secure insurance cover for their employees commit an offence and are liable to a maximum fine of $100,000 and imprisonment for two years," said a spokesperson from the department.

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According to the department, they do not tolerate such offences and they will spare no efforts in prosecuting those who will defy the law.

It added that they hoped the incident would send a message to other contractors, employers, or proprietors to protect their workers and take out their employees' compensation insurance policies in accordance with the law.

The department stressed that it would continue safeguarding occupational safety and health, as well as the statutory employment rights and benefits for all workers.

"All employees who suspect that their employers have not taken adequate OSH precautions or taken out insurance cover for them should promptly report the matter to the LD, assist in investigation and give evidence to protect their OSH, as well as statutory rights and benefits," the agency urged.

It Labour Department also said that it will carry out promotional and education activities to further the awareness and knowledge of employees when it comes to occupational safety and health, as well as their rights and benefits as workers.