The Government today gazetted the Occupational Safety & Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 and will introduce it into the Legislative Council for scrutiny on May 25.

The bill seeks to amend the Factories & Industrial Undertakings Ordinance and the Occupational Safety & Health Ordinance, as well as their subsidiary legislation.

It aims to increase the penalties for occupational safety & health (OSH) offences so as to enhance their deterrent effect for the better protection of workers.

The Labour Department said although the overall OSH situation has been improving over the years, the improvement trend has tapered in recent years. The number of fatal industrial accidents has been hovering at some 20 cases per year for the past decade with no sign of going down.

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

It added that the final amendment proposal was formulated after several rounds of extensive consultation and thorough consideration of views and comments received. Meanwhile, it has struck a balance between the interests of the employer and employee sides.

The bill proposes to make offences under the general duty provisions for employers, proprietors and occupiers of premises of the relevant legislation triable as indictable offences so that extremely serious OSH offences can be tried at higher levels of court.

The maximum fines of $10 million and imprisonment of two years for such extremely serious offences are proposed.

The bill also proposes to require the courts to take into account the turnover of the convicted entities in determining the levels of fines.

Upon enactment of the amendment bill, it will come into operation once published in the gazette, the department added.