註冊安全主任協會 INSIDE THIS ISSUE Macau Visit and Seminar 1 Technical Seminar of 3 Occupational Safety and Health New Advancement in HSE Theory and HSE Laws Practice in Hong Kong and Macau Technical Seminar of Occupational Safety and Health Traffic Accident Investigation A Critical Review on the Local Workplace Safety Laws on Chemical Labeling and Control of Airborne Chemical Impurities (Part 2) OVERSEAS ADVISERS Dr SHUEN Ka Hung ADVISERS Dr Eddie CHAN Mr CHENG Yiu Tong Mr LEE Kam Shing Mr PANG Kwok Lam Mr TONG Chun Wah, Peter HON AUDITOR Mr KWONG Chee Keung LEGAL ADVISOR Mr KWOK Jesse FOUNDER PRESIDENT Mr LEE Hung Kwong THE EXECUTIVE COUNCIL (2014-2016) Immediate Past President Mr SIU Kam Yuen, Stephen President Mr SHING Wai Lam, Johnny Vice President Mr AU Ho Fo Hon. Secretary Mr LEUNG Chiu Ping, Freddy Hon. Treasurer Ms CHOW Kim Mei, Agnes Chairman of Membership Committee Mr AU Ho Fo Chairman of Activity Committee Mr FUNG Chi Leung, Edmund Chairman of Editorial Board Mr SEE Hon Kit, Walter Executive Council Members Mr TAM Ming Hong, Willie Mr NG Wai Hung, Henry Mr CHAN Pak Kei, George Co-opt Members Mr Francis SIN Mr WONG Ka Chun, Tiger Mr LEUNG Chiu Ming, Michael Correspondence Address: Society of Registered Safety Officers, Fo Tan Post Office, Post Box 482, N.T. Website: http://www.srso.org.hk Email: srso@srso.org.hk 4 5 OSH SOCIETY OF REGISTERED SAFETY OFFICERS Review M A R C H 2 0 1 5 Macau Visit and Seminar Event Summary On 12th December 2014, a joint delegation comprising 30 SRSO members including President Johnny Shing, Hon. Sec. Freddy Leung and Chairman of Activity Committee Edmund Fung and 2 representatives of sister organizations, viz. Advisor Alexander Chan of ICSCAA of PolyU and Director Board (Marketing Committee) Susanna Luk of Hong Kong Association of Occupational Health Nurses visited the Safety Training Facilities of Macau Labour Affair Bureau and the Campus Safety, health and Crisis Management Facilities of the University of Macau in the morning, followed by a OSH seminar in the afternoon. Visit the Macau Labour Affair Bureau The talks delivered in the afternoon seminar include talks on Macau Safety and Health Development by representative of Macau Labour Affairs Bureau, Health and Safety Promotion by representative of ICSCAA and HKAOHN, Contribution of Safety Organization on Registration of Safety Professionals by representative of SRSO, Safety and Hygiene Sampling and Control on IAQ in the University of Macau New Campus as well as Fire Evacuation and Fire Safety Training in University of Macau by representatives of the University of Macau. 1
Macau Visit and Seminar Visit the University of Macau Apart from enjoying a whole day 7-CPD event, visitors also have a chance to take memorable photos of some impressive landmarks of the University of Macau new campus, such as the front square of the library building. The University of Macau new campus is situated on Hengqin Island which is part of the Zhuhai City. The campus is linked with Taipa of Macau by an underwater tunnel and so there is no need to go through the Macau-Chinese Immigration. It is completely fenced off from the rest of Hengqin and only Macau laws are applicable in this piece of 1.1 square km leased land, which is a new unprecedented venture under the one-country-twosystem mechanism. 2
Technical Seminar of New Advancement in HSE Technical Seminar of Occupational Safety and Health New Advancement in HSE Theory and HSE Laws Practice in Hong Kong and Macau The technical seminar of Occupational Safety and Health New Advancement in HSE Theory and HSE Laws Practice in Hong Kong and Macau was held on 24 January, 2015. The visit was organized by Registered Safety Officers (SRSO) and co-organized with IOSH (Hong Kong) and with 98 participants. Mr. Nobert Fan, one of the speakers of the seminar, sharing his own view and professional experience in managing peoples safety by using concept of Double Human Rights Philosophy. Mr. Jesse Kwok, who is an experienced legal practitioner and specialized in handling legal case involving construction accident case. Participants are very interested to asking legal questions in Q& A session and Mr. Fan and Mr. Kwok actively reply to all participants enquiry. SRSO and IOSH Hong Kong thank the contribution of Occupational Health Centre to the success of the seminar. The President - Mr. Johnny Shing presented the Souvenir to Mr. Jesse Kwok The President - Mr. Johnny Shing presented the Souvenir to Mr. Nobert Fan Then participants in the event 3
Technical Seminar of Traffic Accident Investigation Technical Seminar of Occupational Safety and Health Traffic Accident Investigation The technical seminar of Occupational Safety and Health Traffic Accident Investigation was held on 27 January, 2015. The visit was organized by IOSH Hong Kong and co-organized with CEE of PolyU and SRSO and with 230 participants. The purpose of the seminar was to provide the participants to have more information in how the traffic accident investigation carried out by a professional in the field, Ir. Madison TANG Wing Hong. Ir. TANG has more than 20 year experiences as technical witness in assisting traffic accident investigation. His valuable sharing and discussion among the participant is beneficial to all participants. IOSH Hong Kong thanks the contribution of Occupational Health Centre to the success of the seminar. Ir. Tang, the speaker, sharing his experience in investigation technique in the seminar Participants of the seminar 4
A Critical Review on the Local Workplace Safety Laws A Critical Review on the Local Workplace Safety Laws on Chemical Labeling and Control of Airborne Chemical Impurities (Part 2) By Leung Chiu Ming, Michael F&IU (DS) Regulations FOURTH SCHEDULE EU S-Phrases List of Safety Precautions 1 (Wordings of content) S1 (same wordings as 1) S2 Keep out of the reach of children 2 Ditto S3 (Same wordings as 2) 3 Ditto S4 (Same wordings as 3) 4 Keep contents under (appropriate liquid to be 5 Keep under (inert gas to be S5 S6 Keep contents under (appropriate liquid to be specified by the Keep under (inert gas to be specified by the 6 (Wordings of content) S7 (Same wordings as 6) 7 Ditto S8 (Same wordings as 7) 8 Ditto S9 (Same wordings as 8) 9 Ditto S12 (Same wordings as 9) 10 Ditto S13 (Same wordings as 10) 11 Keep away from (incompatible materials to be indicated) S14 Keep away from (incompatible materials to be indicated by the 12 (Wordings of content) S15 (Same wordings as 12) 13 Ditto S16 (Same wordings as 13) 14 Ditto S17 (Same wordings as 14) 15 Ditto S18 (Same wordings as 15) 16 Ditto S20 (Same wordings as 16) 17 Ditto S21 (Same wordings as 17) 18 Ditto S22 (Same wordings as 18) 19 Do not breathe gas / fumes / vapour / spray (appropriate wording to be S23 Do not breathe gas / fumes / vapour / spray (appropriate wording to be specified by the 20 (Wordings of content) S24 (Same wordings as 20) 21 Ditto S25 (Same wordings as 21) 22 Ditto S26 (Same wordings as 22) 23 Ditto S27 (Same wordings as 23) 24 After contact with skin, wash immediately with plenty of (to be S28 After contact with skin, wash immediately with plenty of (to be specified by the 25 (Wordings of content) S29 (Same wordings as 25) 26 Ditto S30 (Same wordings as 26) 27 Ditto S33 (Same wordings as 27) 28 Avoid shock and friction (No corresponding S-Phrase) 29 This material and its container must be disposed of safely by (to be S35 This material and its container must be disposed of in a safe way 30 (Wordings of content) S36 (Same wordings as 30) 31 Wear suitable protective gloves S37 Wear suitable gloves 32 (Wordings of content) S38 (Same wordings as 32) 33 Wear eye / face protection S39 Wear eye / face protection (appropriate wording to be 34 To clean the floor & all objects contaminated by this material use (to be S40 To clean the floor & all objects contaminated by this material use (to be specified by the 35 (Wordings of content) S41 (Same wordings as 35) 36 During fumigation / spraying wear suitable respiratory equipment (appropriate wording to be S42 During fumigation / spraying wear suitable respiratory equipment (appropriate wording to be specified by the 37 (Wordings of content) S43 (Same wordings as 37) 38 If you feel unwell, seek medical (No corresponding S-Phrase) advice (show the label where possible) 39 (Wordings of content) S45 (Same wordings as 39) 40 Ditto S46 (Same wordings as 40) 41 Keep at temperature not exceeding oc (to be S47 Keep at temperature not exceeding oc (to be specified by the 42 Keep wetted with (appropriate material to be S48 Keep wetted with (appropriate material to be specified by the 43 (Wordings of content) S49 (Same wordings as 43) 44 Do not mix with (to be S50 Keep wetted with (appropriate material to be specified by the 45 (Wordings of content) S51 (Same wordings as 45) 46 Ditto S52 (Same wordings as 46) EU S-Phrases (not in Third Schedule of F&IU (DS) Regulations) S53 Avoid exposure obtain special instructions before use S56 Dispose of this material & its container at hazardous or special waste collection point S57 Use appropriate containment to avoid environmental contamination S60 This material & its container must be disposed of as hazardous waste S61 Avoid release to the environment. Refer to special instructions / safety data sheet S62 If swallowed, do not induce vomiting. Seek medical advice immediately & show this container or label S63 In case of accident by inhalation, remove casualty to fresh air & keep at rest S64 If swallowed, rinse mouth with water (only if the person is conscious) FOURTH SCHEDULE Combination of safety precautions 2/6/ (Wordings of content) 8 Combination of S-Phrases S3/7/ 9 (Same wordings as 2/6/8) 2/8 Keep in a cool well ventilated place (No corresponding combination of S-Phrases) 2/11 Keep in a cool place away from (incompatible materials to be indicated) 2/8/ 11 2/8/ 43 2/8/ 11/ 43 Keep in a cool, well ventilated place away from (incompatible materials to be indicated) (Wordings of content) Keep only in the original container in a cool, well ventilated place away from (incompatible materials to be indicated) 3/14 Keep in a cool place away from (incompatible materials to be indicated by the S3/9/ 14 S3/9/ 49 S3/9/ 14/49 Keep in a cool, well ventilated place away from (incompatible materials to be indicated by the (Same wordings as 2/8/43) Keep only in the original container in a cool, well ventilated place away from (incompatible materials to be indicated by the 6/7 (Wordings of content) S7/8 (Same wordings as 6/7) 6/8 Ditto S7/9 (Same wordings as 6/8) 16/17 Ditto S20/21 (Same wordings as 16/17) 20/21 Ditto S24/25 (Same wordings as 20/21) 30/31 Ditto S36/37 (Same wordings as 30/31) 30/33 Wear suitable protective clothing & eye / face protection (appropriate wording to be 31/33 Wear suitable gloves & eye / face protection (appropriate wording to be 30/ 31/33 Wear suitable protective clothing, gloves & eye / face protection (appropriate wording to be 41/43 Keep only in the original container at temperature not exceeding oc (to be S36/39 Wear suitable protective clothing & eye / face protection S37/39 Wear suitable gloves & eye / face protection S36/ 37/39 Wear suitable protective clothing, gloves & eye / face protection S47/49 Keep only in the original container at temperature not exceeding oc (to be specified by the EU S-Phrases (not in Third Schedule of F&IU (DS) Regulations) S1/2 Keep locked up & out of the reach of children S3/7 Keep container tightly closed in a cool place S7/47 Keep container tightly closed & at temperature not exceeding oc (to be specified by the S27/ 28 S29/ 35 S29/ 56 After contact with skin, take off immediately all contaminated clothing, & wash immediately with plenty of (to be specified by the Do not empty into drains; dispose of this material & its container in a safe way Do not empty into drains; dispose of this material & its container at hazardous or special waste collection point 5
A Critical Review on the Local Workplace Safety Laws 4. Conclusion and Recommendations On the R-Phrases, it can be deduced from the tables of comparison that while most of the Simple or Combinations of Risks and the corresponding R-Phrases having the same numbers have identical descriptions, there are some individual differences. The Simple Risks No. 13 and 47 were still kept in the Third Schedule when the EU had the corresponding R13 and R47 removed. R47 was probably replaced by R61 and R63 while the reason for removing R13 could not be traced. Also, Simple Risks No. 40 and 49 were totally different from R40 and R49. Both R40 and R49 do not find their exact counterparts in the Simple Risks in the Third Schedule. Simple Risk No. 40 however fully matches R68 in its content, while Simple Risk No. 49 has no equivalency in the R-Phrases. In addition, while it is understandable that R-Phrases R50 to R59 are not included as they describe environmental risks which are outside the purview of the workplace health and safety legal regime, the reason for the omission of R60 to R68, which are occupational health and hygiene R-Phrases, as well as many combinations of risks, is somehow unfathomed. Of course, whether such an intended omission of R50 to R59 was justifiable is still debatable, as the Environmental Protection Department has adopted the same lists of R-Phrases and S-Phrases as the Factories and Industrial Undertakings (Dangerous Substances) Regulations Schedules 3 and 4 in its Code of Practice on the Packaging, Labelling and Storage of Chemical Wastes (Appendices A & B) (EPD, 1999), meaning that there is no legislative coverage for chemical labels to include environmental and occupational hygiene information in R50 to R68. On the other hand, the Occupational Safety and Health Council, a quasi-government establishment, encourages in its publication Chemical at Work - Control Tool, when undertaking chemical risk assessments, the use of R-Phrases and S-Phrases that include R50 to R68 (OSHC, 2008). This publication had been endorsed for issue by the Chemical Safety and Health Advisory Committee of the Occupational Safety and Health Council (2004-2007), with representatives from the Labour Department and the Environmental Protection Department. For the S-Phrases, it can likewise be seen from the tables of comparison that most of the Single or Combinations of Safety Precautions are identical in content, there are also individual differences. Apart from some minor discrepancies in the wordings of some phrases, Single Safety Precaution No. 28 and 38 have no equivalent EU S-Phrases while S2, S53-64 as well as some combinations of safety precautions are not included in the local law. This brings out the crux of this Paper: Whether an international standard should be adopted and written in as part of the local legislature, if this standard is subject to change with time and when such change occurs, whether the local law should be amended to follow suit? Since amendment of the law is a complicated and tedious process involving making motions in the legislative engine, it may be easier to update the lists if they are put into the appendices of a Code of Practice. But if it is as easy to be done as said, then why hadn t the Environmental Protection Department adopted the missing R-Phrases and S-Phrases in its Code of Practice on the Packing, Labelling and Storage of Chemical Wastes? This is a still question for further thought. 6
A Critical Review on the Local Workplace Safety Laws 5. References Canadian Center for Occupational Health and Safety (CCOHS) (2012a) Risk Phrases Used in the Countries of European Union, in http://www.ccohs.ca/oshanswers/chemicals/risk_phrases.html (Accessed April 2, 2014) Canadian Center for Occupational Health and Safety (CCOHS) (2012b) Risk Phrases Used in the Countries of European Union, in http://www.ccohs.ca/oshanswers/chemicals/safety_phrases.html#s51 (Accessed April 2, 2014) Dartmouth College (2011) A Tribute to Karen Wetterhahn in https://www.dartmouth.edu/~toxmetal/about/tribute-to-karen-wetterhahn.html (Accessed April 2, 2014) Environmental Protection Department, Hong Kong SAR Government (EPD) (1999) Code of Practice on the Packaging, Labelling and Storage of Chemical Wastes, EPD, Hong Kong. Also available online at http://www.epd.gov.hk/epd/english/environmentinhk/waste/guide_ref/files/chemw_e.pdf (Accessed April 2, 2014) Labour Department, HKSAR Government (LD) (2006) A Guide to the Factories and Industrial Undertakings (Dangerous Substances) Regulations, Government Logistics Department, Hong Kong. Also available online at http://www.labour.gov.hk/eng/public/os/a/dsr.pdf (Accessed April 2, 2014) Occupational Safety and Health Council (OSHC) (2008) Chemical at Work - Control Tool, OSHC, pp. 3, 7, Hong Kong. Also available online at http://www.oshc.org.hk/others/bookshelf/cb242e.pdf (Accessed April 2, 2014) 7
Welcome new members The following applications were approved by the Executive Committee of the The Society of Registered Safety Officers: 470 Wong Yu Hin 黃宇軒 471 Ha Ka Lok 夏家樂 472 Lai Yi Shing 賴以誠 473 Lai Kwok Fai 黎國輝 Subscripts/Services/Copyright Subscriptions OSH Review is published four times a year by Society of Registered Safety Officers (the Society). Subscription Rates The OSH Review is free to member. To subscribe please contact us at P. O. Box 482, Fo Tan Post Office, N. T., Hong Kong. Services Sponsorship or Advertising To sponsor or to advertise in OSH Review, contact Johnny Shing, Society of Registered Safety Officers, P. O. Box 482, Fo Tan Post Office, N. T., Hong Kong. Copyright Copyright 2008 Society of Registered Safety Officers. All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as described below, without the permission in writing of the Society. Copying of articles is not permitted except for personal and internal use, to the extent permitted by Hong Kong copyright law. Statements and opinions expressed in the articles and communications are those of the individual contributors and not the statements and opinions of the Society which assumes no responsibility or liability for any damage or injury to persons or property arising out of the use of any materials, instructions, methods or ideas contained herein. The Society disclaims any implied warranties of merchantability or fitness for a particular purpose. If expert assistance is required, the services of a competent person should be sought. Notes for Contributors 1. OSH Review aims to provide a platform for sharing information and ideas on the law, practice and theory of Occupational Safety and Health. All contributions to this end including those in related fields such as engineering, humanities, management and social science are all welcome. 2. OSH Review prefers short articles of no more than 4,000 words. Submissions should include an electronic version or hard copy and should be sent to one of the Editors. Titles, headings and subheadings should be short and footnotes should be kept to a minimum. Neutral citations should be included for all authorities cited or footnoted. We reserve the right to make any changes. 3. The contributors retain copyright in the words used, but upon submission of material for publication, grant the Society a license to publish the submission in print and / or digital formats. The Society retains copyright in the design, format and layout of all material published in the OSH Review. The contributors shall also obtain and supply with the manuscript written permission for any quotation from copyrighted sources. A contributor will receive two free copies of OSH Review in which his / her article appears. 4. Submission of material for publication will be taken as acceptance of the terms of publication described in these notes. 5. The address for all Editorial correspondence is: Stephen Siu, Johnny Shing and Freddy Leung, Society of Registered Safety Officers, P. O. Box 482, Fo Tan Post Office, N. T., Hong Kong. 8