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中英社評/強化監督機制 嚴格執法保職安

觀塘秀茂坪安達臣道一個地盤昨日發生罕見的天秤倒塌事故,釀成3死6傷,初步判斷是天秤基座安裝不穩所致,屬於人為事故。特區政府高度重視事件,涉事地盤被勒令停工,全港使用天秤的地盤都要展開安全檢查,確保運作安全及安裝穩妥。早前紅館巨型屏幕塌下,導致一名舞者重傷,就在全港要求加強工業安全之際,今次發生更為嚴重的奪命事故。特區政府需要全力追查事故真相,釐清責任,更要加強職安教育,檢討及完善職安條例,加強對罔顧職安行為的阻嚇力。

出事地盤為房協所有,突然塌下的天秤重達65噸,擊中多個貨櫃工作室,導致嚴重死傷。行政長官李家超第一時間對死者家屬致以慰問,希望傷者早日康復。勞工及福利局局長孫玉菡迅速到現場檢查,並指揮救人。他在現場表示,初步判斷是天秤基座安裝不穩,「工字鐵成個反起咗」,已向特首匯報,社署正聯絡家屬並提供協助。房協為家屬提供了一筆撫恤金,表示全力配合調查工作。

每一宗致命工業意外,都意味着生離死別,家庭破碎。不少工人是全家經濟支柱,支柱倒下,家庭的天也塌下來。都說工業意外一宗都嫌多,但實際上,類似意外並不罕見。總體上看,最近十年香港工業意外較過去已有明顯減少,但就絕對數字而言,仍然不低,平均每年職安事故約3萬多宗。建築業仍然是意外率及致命意外率最高的行業。去年,建築業意外達3千多宗,每千名工人的意外率為29.5;過去五年,平均每年因此死亡約23人。或因為安全繩綁得不牢,從高處墮下;或因為風險意識不高,被泥頭車夾死;或者被倒塌的建材砸中……

工業意外看似偶然,實有必然因素。一旦放鬆了風險意識,為圖省事,該做的工序沒有做,或打了折扣,就會埋下重大安全隱患。職業安全教育再怎麼強調都不為過,必須月月講,天天講,時時講。

對工人的職安培訓需要與時俱進,風險意識增加一分,生命安全就多一分保障。但更多的時候,未必是工人不小心,而是因為僱主為降低成本,對職安重視不夠。現行職安法例被指傾向僱主,僱主被認定輕微過失,罰款不過是區區1萬元;嚴重違法,罰款5萬元;就算是奪命的嚴重違法事件,最高罰款也不過20萬元,這對一些財大氣粗的建築公司而言,可謂不痛不癢。這是香港工業意外不斷發生的深層次原因。

上屆特區政府建議修訂職安條例,提高了罰款額,基本上增加一倍,法案已提交立法會審議。不過,法案仍有爭議,建築界認為罰則過重,中小企業難以負荷;但勞工界則認為僅僅罰款仍不足以提高阻嚇力,應引入計分制,承建商發生過工業意外就扣分,直至失去承接政府工程的資格,最高懲罰是停止營運。其實,有關準則在電梯等行業已採用多年,對其他行業未必不合適。在最終法案三讀通過之前,或有進一步補充、完善的空間。

人民至上,生命至上。工人的職業安全高於一切。特區政府重視職業安全毋庸置疑,眼下必須盡快梳理有關法例,修訂完善,強化監督機制。勞工處等部門需要加強工地巡查和執法,將風險因素排除在萌芽狀態,居安思危,警鐘長鳴。2022-09-08 

SAR must enhance supervision mechanism and strictly enforce the law to protect occupational safety

In a rarely-seen accident, three workers were killed and six others injured yesterday after a huge tower crane collapsed at a construction site on Anderson Road in Sau Mau Ping in Kwun Tong. According to a preliminary investigation, the accident was caused by a faulty installation of the crane's base and, as such, it is an incident involving human error. The SAR Government attaches great importance to the incident. A suspension order was issued to temporarily decommission all three other cranes at the Anderson Road site, and authorities would be conducting safety checks on all cranes at construction sites throughout the city to make sure they operate safely and adhere to regulations. Just a month ago, a giant television screen hanging metres above the stage at the Hong Kong Coliseum in Hung Hom had suddenly fallen down to severely injure one of the dancers. Now in a time when enhancing protection of occupational safety is demanded throughout the whole territory, a more fatal accident happened. The SAR Government must make an all-out effort to investigate and find out the truth and who should be held responsible. More importantly, it must conduct a review on the effective Occupational Safety and Health Ordinance (the Ordinance) and make improvement to increase deterrence against any behaviour in defiance of occupational safety.

The construction site where the accident happened is for a Hong Kong Housing Society project. The crane, weighed 65 tonnes, suddenly collapsed and fell onto six converted shipping container offices beneath it, causing severe casualties. Chief Executive John Lee Ka-chiu instantly extended his condolences to the families of the deceased and wished a speedy recovery of the injured.  Secretary for Labour and Welfare Chris Sun Yuk-han rushed to the scene to oversee the rescue operation. He said on the spot that he suspected the base of the crane in question had "obvious faults" as the "H-iron beam had flipped", adding that he had already reported it to the Chief Executive. The Social Welfare Department was contacting families of the workers affected by the tragedy to provide counseling and financial assistance. The Housing Society has provided comfort funds to the families of the deceased and injured workers and said it would fully cooperate with the probe.

Each and every fatal industrial accident results in separation between loved ones in life or death and broken homes. Many a worker is the economic pillar of their family. When the pillar collapses, the sky for the family also falls. It is always said that one industrial accident is far too many. Yet in fact, similar accidents are not so rare. On the whole, industrial accidents in Hong Kong in the past decade are noticeably fewer than before. But the absolute number is still quite high, as the average annual number of occupational accidents reaches about 30,000.   Construction remains the industry with the highest accident rate and fatal accident rate. Last year, over 3,000 accident happened in the construction industry, with the accident rate of 29.5 per 1,000 workers. And in the past five years, about 23 construction workers were killed on average annually in accidents. Some fell from heights because their safety ropes were not securely fastened; some were squeezed to death by dump trucks because their risk awareness was not high; and some were hit to death by falling construction materials....

Industrial accidents are seemingly accidental, but in fact caused by inevitable factors. Once one lowers their awareness and tries to do things the easy way by not fulfilling or completely fulfilling the working procedure's requirements, this would present potential safety hazard. The importance of occupational safety education can never be emphasised too much.Occupational safety must be stressed every month, every day and every hour.Occupational safety training on workers must keep pace with the times. When rick awareness is heightened up a notch, life safety is protected a notch better. But many accidents happen not necessarily due to workers' carelessness but because employers pay insufficient attention to occupational safety for the sake of lowering costs. The effective Ordinance is criticised for being in favour of employers. An employer would be given a small fine of $10,000 for slight negligence and a fine of $50,000 for more serious violation. Even for a serious, law-breaking fatal accident, the maximum fine is just $200,000. This is simply a slap on the wrist for those construction companies with deep pockets.

   The last-term government proposed to revise the Ordinance to increase the fines by almost doubling the current amounts. The bill is already presented to the Legislative Council (Legco) for deliberation. Nevertheless, there is still controversy over the bill. The construction sector argues that the proposed fines are too heavy for medium- and small-sized enterprises. But the labour sector maintains that just giving fines is not sufficient to increase deterrence, so a points system should also be introduced. Points would be deduced for the contractor concerned if an industrial accident happens until it is disqualified to undertake any government project. And the maximum punishment is to ban its operation. As a matter of fact, such rules have been in force in the lift and other industries for years, so they may not necessarily be inappropriate for other industries. There is probably room to re-mend and improve the bill before its third reading.

People and their lives must be put first. Workers' occupational safety is above everything else. The SAR Government no doubt attaches importance to occupational safety. Right now, relevant regulations must be reviewed, revised and improved to enhance the supervision mechanism.  The Labour Department must step up inspection of construction sites and law enforcement to eliminate risk factors in the bud, be prepared for danger in times of peace and remain vigilant at all times.

08 September 2022

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