With the rapid development of construction industries and the increasing complexity of construction methods, a significant Occupational Health and Safety (OHS) regulation, Factories and Industrial Undertakings (Safety Management) Regulation (F&IU(SM)R), was introduced in 2002. This regulation provides all the contractors and proprietors of construction sites and designated undertakings with a set of guidelines and safety measures for a safe working environment.

The establishment of F&IU(SM)R brought a drop of accident rate from 49.7 to 26.1 per 1000 workers from 2002 to 2020. However, the figure rose in 2021, so the Government seeks for a breakthrough. In 2022, Labour Department started to consult all industry stakeholders about the feasibility of raising OHS legislation offence penalties and implementing an easier prosecution process. The maximum fine and criminal punishment for very serious offences are proposed at HK$10 million and two years’ imprisonment. The Government believes that a heavier penalty may make proprietors put more resources in safety precautionary measures. But up to now, the acceptance from the industry does not meet the Government’s expectation. Most of them are afraid that such heavy fines will jeopardise small and mediumsized enterprises if a serious accident should happens.

Now, it is still early to discuss the effect of the raising penalty and fine. However, being one of the units of the HKIE, Safety Specialist Committee (SSC) has an alternative way to help improve the industry’s safety standards. Under the concept of safety management, the best preventive measure is always to eliminate the root cause of hazards. Therefore, we propose “Design for Safety (DFS)” as a legal requirement. Some may claim DFS, Modular Integrated Construction, Building Information Modelling, Design for Manufacture and Assembly have already been used for some years, but they are only implemented in Government projects or some mega projects as an incentive scheme, meaning that more effort should be put on private sectors. From a global point of view, some countries have adopted DFS as a legal guideline and its effectiveness is well recognised. Punishment is only a discouragement tool, and a breakthrough shall be made from thinking out of the box. What do you think as an engineering professional?

This article is contributed by Ir George Au with the coordination of the Safety Specialist Committee.