About The Construction Workers Registration Ordinance ("CWRO")

Disclaimer

Whilst reasonable efforts have been made to ensure the accuracy of the information contained herein, the Construction Industry Council (CIC) nevertheless would encourage readers to seek appropriate independent advice from their professional advisers where possible. Readers should not treat or rely on such information as a substitute for such independent professional advice.

The information provided below is for general reference only and should not be treated as inclusive of all matters and requirements in relation to the Construction Workers Registration Ordinance (Cap. 583) (CWRO). For a complete statement of the law, direct reference should be made to the CWRO itself. The information provided herein will not affect or prejudice the CIC in performing any of its functions and powers under the CWRO.

Scope of Application

1) What kind of work does the CWRO apply to?

In relation to “construction work”, the CWRO places certain major requirements (see Question 6 onwards below) on various industry participants including but not limited to principal contractors, employers of construction workers and persons personally carrying out construction work. Under the CWRO, “construction work” means:

(i) the construction, erection, installation or reconstruction of any specified structure (“specified structures” are set out in Schedule 3 of the CWRO and include any building);

(ii) the addition, renewal, alteration, repair, dismantling or demolition work that involves the structure of any specified structure;

(iii) any building operation involved in preparing for the construction work under item (i) or (ii) above;

(iv) any building operation, or building services work, forming an integral part of, or rendering complete, the construction work under item (i) or (ii) above;

v) any building services work that involves the structure of any specified structure; or

(vi) any maintenance work, carried out under a term contract for maintenance, of any specified structure of a public body or a specified body (“specified bodies” are set out in Schedule 2 of the CWRO).

2) Are any works excluded from the CWRO?

The definition of “construction work” under the CWRO excludes any building works for which a certificate of exemption is issued under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), as well as class III minor works and designated exempted works as defined under the Building (Minor Works) Regulation (Cap. 123 sub. Leg. N).

3) Are interior renovation works governed by the CWRO?

If the renovation works to be carried out do not involve the structure of any specified structure as defined under the CWRO, and are not caught by other limbs of the definition of “construction work” of the CWRO, they are not governed by the CWRO.

4) Is the CWRO no longer applicable once the construction works on site have completed?

The CWRO's major requirements for industry participants relate to “construction sites”, which are defined to generally include all places where construction work is, or is to be, carried out, however, exclude such places where the prescribed certificate of completion as referred to in the definition of “construction site” has been issued. For instance, for building works where section 14(1) of the Buildings Ordinance applies, when the certificate of completion as referred to in the Building (Administration) Regulations has been sent to the Building Authority, the major requirements of the CWRO will no longer be applicable.

5) If an occupation permit has already been issued by the Buildings Department for a new building, does it mean construction works carried out at such building are no longer governed by the CWRO?

Yes, the construction works will no longer be governed by the major requirements of the CWRO after the certificate of completion as referred to in the Building (Administration) Regulations has been sent to the Building Authority, as the building in question would no longer be a “construction site”.

Major Requirements

6) What requirements under the CWRO are applicable to employers of workers?

The major obligations of employers of workers include:

(i) employing only registered construction workers to personally carry out construction works on construction sites;

(ii) except in prescribed circumstances, employing only registered skilled/semi-skilled workers for the designated trade divisions to personally carry out on construction sites the construction works that involve skills of those designated trade divisions; and

(iii) when a registered construction worker is arranged to work under the instruction and supervision of a registered skilled/semi-skilled worker of a designated trade division, implementing reasonable measures to ensure the registered construction worker concerned can identify the relevant registered skilled/semi-skilled worker providing instruction and supervision, and informing the registered construction worker concerned of such measures.

7) What requirements under the CWRO are applicable to principal contractors?

The major obligations of principal contractors include:

(i) employing only registered construction workers to personally carry out construction works on construction sites;

(iv) establishing and maintaining a register of statements in the specified form to record statements made by registered construction workers who cannot produce their registration cards on demand;

(v) providing on construction sites electronic card reading devices to access the data stored on the registration cards of registered construction workers;

(vi) establishing and maintaining daily attendance records (DARs) of the registered construction workers employed to carry out construction work on a construction site for submission to the Registrar via the Construction Workers Registration System; and

(vii) submitting copies of 7-day DARs to the Registrar within 2 business days after each period of 7 days.

8) What are common contraventions of the CWRO requirements?

The common contraventions of the CWRO requirements include:

(i) Failing to furnish the Registrar a copy of the DAR within the prescribed statutory period

(ii) Employing, or its subcontractor employing, a person who is not a registered construction worker to personally carry out construction work on a construction site

(iii) Failing to provide an electronic card reading device on a construction site

(iv) Failing to establish and maintain a register of statements

The CIC regularly publishes prosecution statistics on the CIC’s website for reference of the pubic.

9) What are consequences of non-compliance with the CWRO?

Contraventions of relevant requirements of the CWRO may lead to criminal prosecution and are subject to a fine up to level 5 of HK$50,000 in addition to a record of conviction.

Registration Requirement

10) Who should register as a registered construction worker under the CWRO?

Any person who personally carries out construction work on a construction site is required to be registered as a registered construction worker under the CWRO.

11) Should site foremen and engineers register as registered construction workers if they need to supervise works and/or provide demonstrations on construction sites?

Professional and technical personnel are not required to register as registered construction workers if they carry out their professional duties and functions within their respective disciplines and expertise on construction sites when necessary, but do not personally carry out construction work on construction sites.

For more details, please refer to “Administrative Guidelines on the Applicability of the Registration Requirements to Professional and Technical Personnel”

12) Will there be any consequences for a worker if the worker, not being a registered construction worker, is found personally carrying out construction work on a construction site?

Generally speaking, any person who commits an offence under the CWRO may be prosecuted and is liable to a fine upon conviction.

Any person who is not a registered construction worker and personally carries out construction work on a construction site is liable on conviction to a fine at level 3 of HK$ 10,000. The employer of that person and the principal contractor for the site are liable on conviction to a fine at level 5 of HK$ 50,000.

13) Should registered construction workers bring along their construction workers registration card while working on construction sites?

A registered construction worker should bring along his/her construction workers registration card while carrying out construction work on a construction site.

Register of Statements

14) What is the register of statements used for?

A register of statements shall be maintained by the principal contractor of a construction site for registered construction workers to make statements in the register when they cannot produce their registration cards on demand.

15) Are there any requirements on the format or contents of the register?

It shall be in the specified form (a template of which can be downloaded from the CIC’s website) and any statement made should not be removed from the register at any time before the expiration of 24 months after the date on which the statement was made in the register.

16) What is the consequence for a principal contractor of a construction site who fails to establish or maintain a register of statements?

A principal contractor who fails to establish or maintain a register of statements in accordance with the CWRO may be prosecuted and is liable on conviction to a fine at level 3 of HK$ 10,000.

Card Reading Device

17) Why is it required to provide an electronic card reading device on construction sites?

An electronic card reading device shall be provided by the principal contractor for a construction site to retrieve the electronic data stored in a worker registration card on the site where any construction work has begun. It also facilitates the controller of a site to capture the DAR of the registered construction workers personally carrying out construction work on the construction site.

18) Are there any exclusions from the requirement to provide an electronic card reading device?

Maintenance works carried out under a term contract for maintenance of specified structures of a public body or a specified body, and construction sites where an exemption from providing card reading devices has been granted by the CIC upon application, are excluded from this requirement. Nevertheless, it is important to note that the principal contractor is still required to submit the DAR of the registered construction workers who carry out construction work on the construction site(s) to the Registrar via the Construction Workers Registration System.

19) Can I be granted an exemption from providing an electronic card reading device if no proper place can be found for fixing the device on site?

In these circumstances, principal contractors may consider using a mobile card reading device compatible with the Construction Workers Registration System, such as a mobile phone that meets specified technical specifications, instead of providing a fixed device. After installing the CIC’s DAR app, a mobile phone can be carried around by site personnel to verify workers' registration cards and capture the attendance records of registered construction workers. Thus, in general, physical constraints are not a valid reason for granting an exemption.

20) If my application for exemption from providing an electronic card reading device is granted, does it mean my construction site is also exempted from all the other requirements of the CWRO?

No, the exemption is granted only for the provision of an electronic card reading device. The other requirements, including but not limited to employment of only registered construction workers and submission of DARs, remain applicable.

21) What are the consequences for a principal contractor of a construction site who fails to provide an electronic card reading device on site?

A principal contractor who without being granted an exemption fails to provide an electronic card reading device on a construction site in accordance with the CWRO may be prosecuted and is liable on conviction to a fine at level 3 of HK$ 10,000.