| (Cap 59, section 7) [Sections 1, 2, 4, 5 and 7; Part I and paragraphs (a) to (e) in Part II of the Schdule］ 20 November 2000 L.N. 281 of 2000 Sections 3, 6 and 8 of the Regulation (only in so far as they relate to Part I and paragraphs (a) to (e) in Part II of the Schedule) ［1 September 2002 L.N. 81 of 2002] (L.N. 85 of 2000) Cap 59AG s 1 Commencement This Regulation shall come into operation on a day to be appointed by the Commissioner for Labour by notice in the Gazette. Cap 59AG s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "certificate" (证书) means a certificate issued to a person by the organizer of a training course which evidences that, by virtue of his attendance at the training course designed for that purpose, he is trained and competent to operate a particular type of loadshifting machine; "construction site" (建筑地盘) has the meaning assigned to it by regulation 2(1) of the Construction Sites (Safety) Regulations (Cap 59 sub. leg. I); "fork-lift truck" (叉式起重车) means any self-propelled vehicle equipped with a mast along which travels a power-operated device for elevating and carrying loads; "loadshifting machine" (负荷物移动机) means a power-operated mobile machine of a type specified in the Schedule and which is operated by a person riding on the machine; "responsible person" (负责人), in relation to a loadshifting machine, means a person who is having the management or in charge of the machine but does not include a person who operates the machine, and the contractor who has control over the way any construction work which involves the use of the machine is carried out and, in the case of a loadshifting machine situated on or used in connection with work on a construction site, also means the contractor responsible for the construction site; (L.N. 262 of 2003) "training course" (训练课程) means a training course that is- (a) recognized by the Commissioner; (b) conducted for the purpose of instructing a person in the operation of a type of loadshifting machine; and (c) designed to ensure that a person is adequately trained and competent to operate a type of loadshifting machine.(2) For the purposes of this Regulation, 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 construction work there. Cap 59AG s 3 Operation of loadshifting machine Remarks: This section has commenced operation since 1 September 2002 only in so far as it relates to Part I and paragraphs (a) to (e) in Part II of the Schedule.- see L.N. 81 of 2002. The responsible person of a loadshifting machine shall ensure that the machine is only operated by a person who- (a) has attained the age of 18 years; and (b) holds a valid certificate applicable to the type of loadshifting machine to which that machine belongs. Cap 59AG s 4 Duty of responsible person to provide training course (1) Subject to subsection (3), the responsible person of a loadshifting machine shall ensure the provision to each of his employees who is instructed (whether directly or indirectly) by him to operate a loadshifting machine of a training course conducted for the type of loadshifting machine to which that machine belongs. (2) In case the employee fails to obtain a certificate after attending the training course, the responsible person of a loadshifting machine shall ensure the provision of an additional training course conducted for the same type of loadshifting machine as the first-mentioned training course for the employee. (3) The responsible person of a loadshifting machine is not obliged to comply with subsection (1) if the employee holds a valid certificate applicable to the type of loadshifting machine to which that machine belongs. Cap 59AG s 5 Duty of person to attend training course An employee referred to in section 4(1) is required to attend such training course as may be provided by the responsible person of the loadshifting machine unless he holds a valid certificate applicable to the type of loadshifting machine to which that machine belongs. Cap 59AG s 6 Production of certificate Remarks: This section has commenced operation since 1 September 2002 only in so far as it relates to Part I and paragraphs (a) to (e) in Part II of the Schedule.- see L.N. 81 of 2002. (1) A person who operates a loadshifting machine shall, on being so required by an occupational safety officer, produce his valid certificate to the officer for inspection. (2) A person who is unable to produce his valid certificate for inspection when required to do so under subsection (1), shall produce it for inspection by the officer within such reasonable time and at such reasonable place as required by the officer. Cap 59AG s 7 Exemption This Regulation does not apply to a person who operates a truck or lorry if he is the holder of a valid driving licence issued under the Road Traffic Ordinance (Cap 374) of the class to which the truck or lorry belongs. |
