Hong Kong urged to speed up passage of OSH amendment bill

Labour commissioner May Chan has called on Hong Kong's Legislative Council to speed up the passage of the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022. She made the appeal following a visit to several labour organisations and employer associations, including the Employers' Federation of Hong Kong, Chinese General Chamber of Commerce, Hong Kong General Chamber of Commerce, Chinese Manufacturers' Association of Hong Kong, and the Federation of Hong Kong Industries.

Topics discussed during the commissioner's visit with employers included manpower supply and demand, the removal of the "offsetting" arrangement under the Mandatory Provident Fund system, and the proposed amendments to the OSH legislation penalties.

Read more: Hong Kong passes bill abolishing 'offset' scheme on MPF

"The Legislative Council Bills Committee is scrutinising the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 to increase the maximum penalties of OSH legislation," Chan said. "We appeal for early passage of the bill by the Legislative Council in order to strengthen OSH protection for employees as soon as possible."

The proposed legislation, which was introduced early this year, would increase the maximum fines for occupational safety violations to HK$10million and extend imprisonment terms to up to two years. A spokesperson from the Labour Department previously said the bill was introduced as the number of fatal industrial accidents in Hong Kong has been hovering at around 20 cases per year over the past decade "with no sign of slowing down."

"One of the major reasons is that the sentences of OSH offences are generally on the low side, which fails to pose sufficient deterrence," said the department spokesperson.

However, several lawmakers have expressed concerns over the proposed multimillion-dollar penalty, pointing out that the government has "not provided ample justification" behind the increase, The Standard reported.

Read more: Hong Kong beefs up workplace inspection to improve safety

Election Committee lawmaker Chan Siu-hung also previously submitted an amendment bill seeking to reduce the proposed maximum fine to HK$6million, explaining that they are concerned that the initially proposed penalty may incur operational risks in the construction industry, according to The Standard.

However, Labour and Welfare Undersecretary Ho Kai-ming defended the HK$10million penalty, saying it would be a "deterrent" for contractors from allowing occupational hazards in their workplaces.

As the bill awaits passage, Labour Commissioner Chan said that they will continue to "enhance the OSH level of various industries through inspection and enforcement, publicity and promotion, as well as education and training."

"The Labour Department will continue to foster candid communication between employees and employers and join hands to achieve a win-win situation for both sides," she said.