Govt proposes sweeping smoking ban across all construction sites with stiff penalties

The government is planning a comprehensive smoking ban across all construction sites in Hong Kong, proposing hefty fines for both workers and contractors in a bid to enhance workplace safety and health.

The Labour and Welfare Bureau, along with the Labour Department, submitted a legislative amendment proposal to the Legislative Council today that seeks to extend the current smoking prohibition from select high-risk areas to every construction site in the city.

Under the new proposal, any worker caught smoking or carrying a lit tobacco product on-site would be subject to a fixed penalty of HK$3,000.

Officials believe this measure will significantly lower the risk of fires on construction sites while also protecting workers from the harmful effects of secondhand smoke, leading to overall improvements in their safety and well-being.

The proposed legislation also places greater responsibility on management.

Contractors responsible for a site, as well as those directly overseeing any construction work, will be required to take all reasonable measures to ensure no one is smoking in violation of the ban.

Failure to uphold this responsibility could result in a maximum fine of HK$400,000 upon conviction.

In more serious cases, such as a worker smoking near highly flammable materials and creating a severe fire hazard, the Labour Department could prosecute under the broader Occupational Safety and Health Ordinance.

This could lead to much steeper penalties for a contractor, with a maximum fine of HK$3 million and a potential six-month prison sentence.

The offending employee in such a scenario could also face a fine of HK$150,000 and up to six months in jail.

The Labour Department has indicated it is fast-tracking the legislative process and expects to submit the formal amendment bill to the Legislative Council for deliberation by mid-2026.