Cap 59I reg 2 Interpretation (CONSTRUCTION SITES (SAFETY) REGULATIONS; FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE)

Contents of Section

Chapter:	59I	Title:	CONSTRUCTION SITES (SAFETY) REGULATIONS	Gazette Number:	L.N. 258 of 2003
Regulation:	2	Heading:	Interpretation	Version Date:	28/11/2003

(1) In these regulations, unless the context otherwise requires-
"builder's lift" (建築工地升降機) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995)
"competent examiner" (合資格檢驗員), in relation to the carrying out of any test and examination required by these regulations, means a person who is-

(a) appointed for that purpose by the contractor required by these regulations to ensure that the test and examination is carried out; (L.N. 285 of 1993)

(b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within a relevant discipline specified by the Commissioner; and (L.N. 285 of 1993)

(c) by reason of his qualifications, training and experience, competent to carry out the test and examination; (L.N. 285 of 1993)

"competent person" (合資格的人), in relation to any duty to be performed under these regulations by a competent person, means a person who is-

(a) appointed for that purpose by the contractor required by these regulations to ensure that the duty is carried out by a competent person; and

(b) by reason of substantial training and practical experience, competent to perform the duty;

"construction site" (建築地盤) means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of the construction work;
"crane" (起重機) means any appliance equipped with mechanical means of raising and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of a crane; but does not include-

(a) a hoist block running on a fixed rail or wire;

(b) a stacker or conveyor whereby a load is moved by means of a belt or platform; or

"direct control" (直接控制), in relation to any construction work, process, excavation, operation, or erection, substantial addition, alteration or dismantling of scaffold, means control over the way the construction work, process, excavation, operation, or erection, substantial addition, alteration or dismantling of scaffold, as the case may be, is carried out; (L.N. 258 of 2003)
"hoist" (吊重機) means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides; and also the supports, well and enclosures, and the carriage, platform or cage, and the whole of the mechanical and electrical apparatus (if any) required in connexion with the operation and safety of a hoist, but does not include a builder's lift or a tower working platform; (L.N. 280 of 1978; L.N. 552 of 1995)
"ladder" (梯子) includes a folding step-ladder; (L.N. 238 of 1983; L.N. 76 of 1999)
"lifting appliance" (起重機械) means a crab, winch, pulley block, or gin wheel used for raising or lowering and a hoist, crane, sheerlegs, excavator, drag line, pile driver, pile extractor, or overhead runway;
"lifting gear" (起重裝置) means a chain sling, rope sling or similar gear, and a ring, link, hook, plate clamp, shackle, swivel or eyebolt; (L.N. 280 of 1978)
"maintained" (維修、保持) means maintained in an efficient state, in efficient working order and in good repair;
"material" (物料), except in regulations 5, 29, 39 and 61, includes waste material and debris;
"place of work" (工作地方) means any place which is used by any person for the purposes of-

(a) construction work; or

(b) any work activities arising from, or in connection with, construction work,

and includes any place to which such a person has access whilst at work; (L.N. 76 of 1999)

"plant" (工業裝置) includes any plant, equipment, gear, machinery, apparatus, or appliance, or any part thereof;
"prime mover" (原動機) means any engine, motor, or other appliance, which provides mechanical energy derived from-

(a) steam or electricity;

(b) the combustion of fuel; or

"raising or lowering or as a means of suspension" (升降或作懸吊之用) means raising or lowering or as a means of suspension of a load on a lifting appliance or lifting gear;
"safe working load" (安全操作負荷), in relation to a lifting appliance or to lifting gear, means either-

(a) the appropriate safe working load for operating the appliance or gear as specified in the current certificate of test given in the approved form by a competent examiner in respect of the appliance or gear for the purposes of these regulations; or (L.N. 21 of 1994)

(b) where no such certificate is required, the relevant safe working load appropriate to the lifting appliance or lifting gear; (L.N. 280 of 1978)

"safety belt" (安全帶) includes a safety harness; (L.N. 76 of 1999)
"scaffold" (棚架) means any temporarily provided structure on or from which persons perform work in connexion with operations or works to which these regulations apply, and any temporarily provided structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure used merely to support such an appliance or to support other plant or equipment; (L.N. 238 of 1983)
"suspended working platform" (吊船) means a suspended working platform within the meaning of the Factories and Industrial Undertakings (Suspended Working Platforms) Regulation (Cap 59 sub. leg. AC); (L.N. 76 of 1999)
"tower working platform" (塔式工作平台) has the same meaning as in the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap 470); (L.N. 552 of 1995)
"transmission machinery" (傳動機械) means any shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt, or other device, by which the motion of a prime mover is transmitted to or received by any plant;
"used" or "in use" (用、使用), in relation to any plant, means used or in use in construction work;
"working platform" (工作平台) includes a working stage; (L.N. 238 of 1983)
"workman" (工人) means a person engaged in construction work.
(2) For the purposes of these regulations-

(a) a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking work there;

(b) a contractor is responsible for any plant referred to in these regulations if it is located at a construction site for which he is responsible.

(L.N. 76 of 1999; L.N. 258 of 2003)