One fined as construction-site smoking ban takes effect

The Labour Department issued one fixed penalty notice after inspecting 58 construction sites on Friday morning, as Hong Kong’s full smoking ban at construction sites came into force.

Commissioner for Labour Sam Hui Chark-shum visited a construction site in To Kwa Wan to inspect the implementation of the new rules. He said the department had also offered verbal advice to some site management teams and issued improvement notices.

More than 100 construction sites were expected to be inspected throughout the day.

Hui said there would be no grace period or prior warning. Anyone found smoking in a restricted area would immediately receive a fixed penalty notice of HK$3,000.

The new rules apply to all types of construction sites, except occupied domestic premises and private living quarters undergoing works. Occupational safety officers are authorized to issue fixed penalty notices for smoking offences.

Asked whether contractors would also be held responsible, Hui said the department would consider whether they had taken reasonable preventive measures and put appropriate management arrangements in place.

Where improvements were needed, officers could offer advice or issue improvement notices to help contractors strengthen site management. If adequate measures were already in place but an individual continued to break the rules, enforcement action would primarily target the smoker.

Hui said the HK$3,000 penalty provided sufficient deterrence.

Addressing whether the legislation was introduced in response to the deadly Wang Fuk Court fire in Tai Po, Hui said worker casualties caused by construction-site fires had previously been uncommon. Most occupational injuries were linked to high-risk work such as working at height, lifting operations and confined spaces.

However, the Wang Fuk Court fire exposed a gap in the regulation of fire-risk controls, he said.

Hui added that a total smoking ban would help reduce fire risks regardless of the conditions at individual sites and was also part of the department’s responsibility to safeguard occupational health.

Enforcement of the smoking ban has now been incorporated into the Labour Department’s routine surprise inspections.
 

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