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Theodora Yu

Contractors should take “all reasonable steps”, such as installing CCTV cameras and setting up temporary cigarette storage points, to comply with a coming smoking ban on construction sites, Hong Kong labour authorities have said.
They should also ask individuals to stop using e-cigarettes and heated tobacco products, even though they do not require lighting, the Labour Department said on Thursday, six months after the deadly Tai Po fire that was suspected to have been caused by workers smoking on site.
The clarifications were listed in a document submitted to the Legislative Council on Thursday, in response to questions raised in a study by a legal adviser scrutinising three amendments aimed at improving fire safety.
The legislative amendments follow the inferno at the Wang Fuk Court housing estate in November that killed 168 people and displaced about 5,000 residents.
Upon the amendments taking effect on July 17 after Legco’s approval, smoking will be prohibited at all construction sites and contractors will be required to take “all reasonable steps” to ensure compliance.
The department said that “all reasonable steps” referred to “establishing comprehensive on-site smoking ban management procedures, introducing smart management systems and installing CCTV cameras on site”.
It also suggested setting up temporary cigarette storage points at site entrances and exits, displaying no-smoking signs and posters, and reminding workers to comply with the regulations during pre-work morning briefings.
The proposed approach allows flexibility for contractors to tailor safety measures on a case-by-case basis, as construction sites vary in scale, size, nature and fire risk, according to the department.
It added that the Hong Kong Construction Association and other industry stakeholders had developed guidelines on the smoking ban.
“The Labour Department is providing comments on the guidelines to encourage industry’s compliance with the amended legislation,” it said, adding it would consider whether the government would need to issue a code of practice.




Meanwhile, the department made clear that contractors would not be held legally liable if workers carried or used e-cigarettes or heated tobacco products on site.
However, contractors may exercise their authority to require individuals to stop smoking e-cigarettes, and may report the matter to relevant authorities if necessary, according to the document.
Currently, smoking in outdoor areas of construction sites is only illegal if it occurs near flammable materials. Such cases typically result in a no-smoking order rather than prosecution.
The current law does not cover workers who carry lit smoking products or use a naked flame to light them if they are not caught inhaling.
The new changes close the loophole by making it illegal to even hold a lit cigarette or alternative smoking product anywhere on site.
Under the proposed amendments, construction sites will be designated no-smoking areas, with the department tasked with enforcement. Workers violating the law face a fixed fine of HK$3,000 (US$383).
A third amendment, to be vetted by lawmakers, proposes a fine of up to HK$400,000 for contractors who fail to prevent smoking at their sites.
Lawmakers are set to discuss the amendments on Friday.


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Contractors are also urged to display no-smoking signs on site. Photo: Jelly Tse

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Officers with the Tobacco and Alcohol Control Office distribute fliers about the new public ban on vaping. Photo: Nora Tam

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Smoking is set to be prohibited at all construction sites following deadly Tai Po blaze


Smoking is set to be prohibited at all construction sites following deadly Tai Po blaze.


‘All reasonable steps’ for site smoking ban include CCTV, cigarette storage points

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Smoking is set to be prohibited at all construction sites following deadly Tai Po blaze

Smoking is set to be prohibited at all construction sites following deadly Tai Po blaze