Worker Safety in Hong Kong: Are We Missing Part of the Equation?
By HK Lawyer AJ Halkes Barrister-at-Law

In Hong Kong, worker safety demands a multi-directional approach and nothing has brought this home more than recent accidents. We are all aware that companies may be held responsible for accidents and that systems or processes have frequently been blamed or systemic problems are claimed to exist by some.
With decades of observing this industry, I’ve sadly seen the impact of a number of fall-related injuries and incidents; yet some of these have been due to workers disregarding basic safety measures, abandoning equipment, or ignoring instructions and training. The law clearly explains the “General duties of persons employed” at s. 6B (1) (a) of Cap 59 :
“…. to take reasonable care for the health and safety of the person and of other persons who may be affected by the person’s acts or omissions at work”
This legislation is not about shifting blame for non-compliance as we have a clear and layered legislative environment that imposes duties on all involved. The law above is simply addressing the role of individual responsibility in a high-risk environment. It is also well established that no employer can supervise every area, of every site, every second of the day. So the promotion of personal responsibility is vital; because after training and despite safety measures; there may still be instances where workers’ individual choices represent non-compliance with s. 6B or even sadly lead to preventable accidents.
I have no data on the number of workers prosecuted under s. 6B annually or over recent years; however workers who put themselves and others at risk, being deterred from doing so, is part of the matrix of legislated measures that has been designed to enhance safety.
Safety is everyone’s responsibility—employers, contractors, and workers alike and there will always be room for improvement.
Read more on a recent tragic incident that underscores the importance of this issue:
[Worker falls to his death at terminal under construction at Hong Kong International Airport]
(https://lnkd.in/gH9Q5paA)
hashtag#WorkerSafety hashtag#HongKong hashtag#ConstructionSafety hashtag#Accountability hashtag#WorkplaceSafety hashtag#RiskManagement
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