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Following is a question by the Hon Tang Ka-piu and a written reply by the Acting Secretary for the Environment, Ms Christine Loh, in the Legislative Council today (June 10):
Question:
On April 26 this year, a fatal explosion accident occurred at a vehicle repair workshop (workshop) in Tsz Wan Shan. It has been reported that as the accident might have been caused by the leakage of liquefied petroleum gas (LPG) from an LPG taxi under repair at the scene, the public and the transport sector are concerned about the safety of LPG workshops and the adequacy of the authorities' regulation of workshops. In this connection, will the Government inform this Council:
(1) of the details (including titles of the instruments, abstracts, dates of publication and gazettal, dates of updating/amendments, and the penalties for non-compliance) of the relevant guidelines, directions and regulations or codes of practice on issues relating to repair of LPG vehicles formulated under the Gas Safety Ordinance (Cap 51) by the authorities in the past five years; of the mechanism for ensuring compliance with such instruments by relevant personnel;
(2) regarding the existing Guideline for Revalidation of LPG Fuel Tanks for LPG Vehicles, the Code of Practice for Servicing and Maintenance of LPG Vehicle Fuel System, the Guideline for LPG Fuelled Vehicles Workshop in Hong Kong and the Guideline for Disposal of LPG Vehicle Fuel Tanks issued by the Electrical and Mechanical Services Department (EMSD), of (i) their dates of publication, updating/amendments, and (ii) the details of amendments made; whether such code of practice/guidelines have been gazetted, whether they have any legal effect, and the penalties for non-compliance;
(3) of the safety requirements (including choices of location, facilities for fire prevention, ventilation, discharge of pollutants and storage of dangerous goods, as well as the safety equipment that repair mechanics are required to be equipped with) for compliance, under the existing legislation, by workshops engaged in the general maintenance and repair of vehicles (general workshops); whether there are additional and more stringent requirements, under the existing legislation, for workshops which may carry out the repair and maintenance of LPG vehicle fuel systems (i.e. those which have hired Competent Persons (Class 6) who are qualified for supervising and carrying out the relevant repair work) (qualified workshops); if there are, of the specific requirements; if not, whether it will review the relevant requirements;
(4) whether relevant government departments conducted, in the past three years, regular inspections of qualified and general workshops for compliance with the safety requirements; if they did, of the respective average numbers of inspections for such workshops; of the date on which the authorities last inspected the workshop in which the explosion occurred;
(5) of the numbers of workshops inspected by the EMSD in the past three years and, among them, the number of those which: (a) were approved for storing LPG fuel tanks of more than 130 litres i.e. LPG "notifiable gas installations" workshops, (b) hired Competent Persons (Class 6) to carry out repair work for the fuel systems of LPG vehicles, and (c) were general workshops; the number of workshop owners prosecuted by the EMSD in the past three years for (i) unauthorized storage of LPG fuel tanks of more than 130 litres, and (ii) carrying out replacement of LPG fuel tanks or the maintenance, repair or replacement of related parts without the supervision of Competent Persons (Class 6);
(6) of the number and age distribution of Competent Persons (Class 6) and their percentage in the total number of vehicle repair mechanics in each of the past five years; among them, of the ratio of those who worked in qualified workshops to those who worked in general workshops;
(7) as the Register of Competent Persons (Class 6) published on the web site of the EMSD only contains the names of such persons and information about the relevant vehicle servicing courses they have completed, whether the authorities will consider publishing, for public inspection, more information, such as the addresses of the workshops they work for or means of contact;
(8) as it has been reported that the workshop in which the explosion accident occurred was merely a general workshop but not a qualified one, and it did not hire any Competent Persons (Class 6) to supervise and carry out relevant repair work for LPG vehicles, whether the authorities have reviewed if the EMSD's regulation of general workshops carrying out repair work for LPG vehicles is inadequate; and
(9) whether it has plans to amend the relevant legislation or formulate statutory guidelines to enhance the regulation of the safety of all workshops carrying out repair work for the fuel systems of LPG vehicles?
Reply:
President,
Since the liquefied petroleum gas (LPG) vehicle scheme was introduced to Hong Kong in 1998, the Government has adopted a stringent and prudent approach to handle matters on the maintenance and repair of LPG vehicles in order to ensure public safety. The Gas Safety Ordinance regulates gas safety matters, with a view to ensuring the safety of importation, manufacture, storage, transport, supply and use of town gas, LPG and natural gas. In respect of LPG storage and installation, any containers with the aggregated nominal water capacity of more than 130 litres of LPG are "notifiable gas installations". The construction and use of such installations require the approval of the Electrical and Mechanical Services Department (EMSD). At present, there are 571 approved LPG notifiable gas installations, including 29 vehicle maintenance workshops that have been approved for storing LPG fuel tanks of more than 130 litres, as well as five "LPG fuel tank workshops".
For work that involves the maintenance, repair or replacement of LPG vehicle fuel systems or associated components and replacement of LPG fuel tanks, they are required to be carried out by a Competent Person (Class 6) or a person under the supervision of a Competent Person (Class 6). As for general maintenance and repair of vehicles not involving the procedures mentioned above, the work can be carried out in all vehicle maintenance workshops.
Competent Persons (Class 6) approved by the EMSD are required to complete the LPG Vehicle Servicing Programme provided by the Vocational Training Council and possess practical experience. At present, there are over 1 100 Competent Persons (Class 6) in Hong Kong. As for maintenance work involving the structure of an LPG fuel tank or components within an LPG fuel tank (including the purging procedures, replacement of the fuel pump within an LPG fuel tank and the conduct of the five-year revalidation test of LPG fuel tanks), they should be carried out by a Competent Person (Class 1) approved by the EMSD or a person under the supervision of a Competent Person (Class 1) and in an "LPG fuel tank workshop" approved by the EMSD. Competent Persons (Class 1) must be a member of a relevant professional association of engineers with at least one year relevant work experience and has passed the EMSD's interview assessments.
(1) and (2)To enhance the standard of LPG vehicle maintenance, promote occupational safety and improve the mode of operation, the EMSD has promulgated guidelines relevant to LPG vehicles as set out below:
(a) The "Guideline for LPG Fuelled Vehicles Workshop in Hong Kong" was drawn up in 2001 and updated in 2011. The Guideline explains the statutory requirements for the construction and use of LPG vehicle maintenance workshops under Gas Safety Ordinance (Cap 51) and their subsidiary regulations. It also provides guidance to LPG vehicle maintenance workshops on other safety requirements including the design, construction and location (such as ventilation, fire prevention, etc.) as well as maintenance of fuel systems of LPG vehicles. Granting of approval to vehicle maintenance workshops for storing LPG fuel tanks of more than 130 litres would depend on whether the vehicle maintenance workshops could fulfil the relevant statutory requirements as explained in the Guideline. Any vehicle maintenance workshops storing more than 130 litres of LPG without approval, the responsible persons for the workshops would contravene Regulation 3(1) of the Gas Safety (Gas Supply) Regulation (Cap 51B) and are liable to a fine of $25000 and to imprisonment for six months.
(b) The "Guideline for Revalidation of LPG Fuel Tanks for LPG Vehicles" was drawn up in 2004 and updated in 2011. It aims to provide general guidance on the revalidation test and examination of LPG fuel tanks. It sets out the key safety measures and statutory requirements for LPG vehicle fuel tanks, including the requirements for owners of LPG fuel cylinders (such as owners of LPG vehicles) to employ a competent person to carry out test and examination of the LPG cylinders (including fuel tanks of LPG vehicles) at least once every five years. Revalidation test and examination for LPG fuel tanks should be carried out by a Competent Person (Class 1) or a person under the supervision of a Competent Person (Class 1). The competent person should ensure that the inspection and testing of LPG fuel tanks are carried out in accordance with the requirements, and should issue certificates to the LPG fuel tanks that comply with the required standards. Owners of LPG cylinders (such as owners of LPG vehicles) who use LPG cylinders that have not been tested and examined to store LPG would contravene the requirements under Regulation 8(2) of the Gas Safety (Gas Supply) Regulation (Cap 51B) and such persons are liable to a fine of $10,000. If the test and examination of an LPG cylinder is not carried by a competent person or a person under the supervision of a competent person, it contravenes the requirements under Regulation 16 of the Gas Safety (Gas Supply) Regulation (Cap 51B) and is liable to a fine of $5,000.
(c) The "Guideline for Disposal of LPG Vehicle Fuel Tanks" was drawn up in 2007 and updated in 2011. The Guideline was formulated by the LPG vehicle sector under the coordination of the EMSD, and outlines how LPG vehicle owners, motor trading companies, maintenance workshops, recycling companies and "LPG fuel tank workshops" should dispose LPG fuel tanks. The Guideline stipulates that the removal of LPG fuel tanks should be carried out by a Competent Person (Class 6) or a person under the supervision of a Competent Person (Class 6), and that the purging procedures should be carried out by a Competent Person (Class 1) or a person under the supervision of a Competent Person (Class 1). Competent Persons (Class 1) should ensure that the purging procedures are conducted according to the safety requirements, including protecting any persons working in the vicinity and members of the public from any danger when purging is carried out. Competent Persons (Class 1) should also issue a certificate to certify that LPG fuel tanks have completed the purging procedures. If the removal of LPG fuel tanks or the implementation of purging procedures is not carried out by a competent person or a person under the supervision of a competent person, such person would contravene the requirements under Regulation 16 of the Gas Safety (Gas Supply) Regulation (Cap 51B) and is liable to a fine of $5,000. Any person who failed to carry out the purging procedures in accordance with the statutory safety requirements would contravene Regulation 23 of the Gas Safety (Gas Supply) Regulation (Cap 51B) and is liable to a fine of $5,000.
(d) The "Code of Practice for Servicing and Maintenance of LPG Vehicle Fuel System" was prepared by a technical group comprising members from the LPG vehicle trade in December 2010 for reference by the trade. It outlines the requirement for importers of LPG vehicles, vehicle maintenance workshops and associated trades that any maintenance, repair or replacement work of LPG fuel systems or associated components and replacement of LPG fuel tanks must be carried out by a Competent Person (Class 6) or a person under the supervision of a Competent Person (Class 6). As for tests and examinations of LPG vehicle fuel tanks (including replacement of the fuel pump within an LPG fuel tank), they should be carried by a Competent Person (Class 1) or under the supervision of a Competent Person (Class 1) in order to ensure the safe operation of the relevant trades, occupational health and safety of the practitioners and the public at large. If the relevant work is carried out by a person who is not a competent person or not under the supervision of a competent person, he or she would contravene Regulation 16 of the Gas Safety (Gas Supply) Regulation (Cap 51B) and is liable to a fine of $5,000.
The Guidelines are not statutory documents. They are issued and implemented by administrative means to explain in more specific terms the relevant statutory requirements and recommend technical measures for meeting such requirements to facilitate the industry's compliance. The updated version of 2011 of the Guidelines under items (a), (b) and (c) above mainly included the provision of annotations of the relevant statutory requirements of the Gas Safety Ordinance (Cap51) and its subsidiary regulations, and textual amendments to improve the clarify and consistency of the measures covered by these Guidelines. In response to the explosion incident in Tsz Wan Shan, relevant departments will review the existing policy and consider appropriate follow-up action. The EMSD will follow up by updating the Guidelines related to the LPG vehicles as appropriate.
The EMSD has been promoting the above Guidelines to the industry through various channels, such as issuing letters to owners and drivers of LPG vehicles, owners of vehicle maintenance workshops and relevant trade associations of the transport industry to impress upon them the need to operate in accordance with the relevant Guidelines from the perspectives of protecting the public safety and enhancing the maintenance standard of LPG vehicles. The EMSD has also conducted sample inspections to vehicle maintenance workshops and reminded their responsible persons of the need to ensure safety and to comply with legislative requirements. Apart from complying with the relevant statutory requirements, they should refrain from storing LPG tanks with aggregated nominal water capacity of more than 130 litres and ensure that any repair and maintenance work of LPG vehicle fuel systems (including the removal of LPG fuel tanks) are carried out by competent persons or under their supervision. The EMSD has also attended meetings held by the LPG vehicle maintenance sector to explain and promote issues relating to the revalidation of LPG vehicle fuel tanks.
(3) Generally speaking, while the location of vehicle maintenance workshops are bound by relevant statutory plans and land lease conditions, the Buildings Department (BD) may take follow-up actions pursuant to relevant statutory regulations if the workshops are located in any building used or designed for domestic purposes or intended for habitation, and are used for paint spraying.
As for fire safety, different types of buildings should be equipped with relevant fire service installations and equipment in accordance with the requirements of the Code of Practice for Minimum Fire Service Installations and Equipment. As regards the control on the storage of dangerous goods, pursuant to section 6(1) of the Dangerous Goods Ordinance (Cap 295), except under and in accordance with a licence granted under the Cap 295, no person shall manufacture, store, convey or use any dangerous goods. For storage of dangerous goods in excess of the exempted volumes, a Dangerous Goods Licence should be obtained from the Fire Services Department (FSD). The FSD will require the applicant for a Dangerous Goods Licence to comply with the relevant fire safety requirements, including the installation of additional fire service installations and equipment, etc.
The operation of a typical vehicle maintenance workshop may also give rise to environmental issues such as air emission, wastewater discharge and disposal of waste. If the air pollutants (such as odour from paint spraying) emitted from a vehicle maintenance workshop cause nuisance or air pollution to the surrounding environment, the Environmental Protection Department (EPD) will issue an Air Pollution Abatement Notice to the owner of the premises under the Air Pollution Control Ordinance (Cap 311). The concerned owner is required to abate the air pollution before the deadline specified in the notice. The person-in-charge of any vehicle maintenance workshops should obtain a discharge licence from the EPD according to the Water Pollution Control Ordinance (Cap 358) if there is wastewater discharge, and ensure that the discharge complies with the licence conditions. For any vehicle maintenance workshop which produces chemical waste such as waste lube oil, the vehicle maintenance workshop is required to register as a "chemical waste producer" and comply with the requirements under the Waste Disposal (Chemical Waste) (General) Regulation (Cap 354C).
Regarding the safety and health of employees at work, under the Factories and Industrial Undertakings Ordinance (Cap 59), the Occupational Safety and Health Ordinance (Cap 509) and their subsidiary regulations, the employers of vehicle maintenance workshops shall, so far as reasonably practicable, ensure the safety and health of their employees at work, including the formulation and implementation of a safe system of work and the provision and maintenance of safe plant. Duty holders contravening the above requirements are liable to a maximum fine of $500,000 and to imprisonment for 12 months.
At present, any maintenance, repair or replacement work related to LPG fuel systems (not involving the structure of LPG fuel tank) or associated components can be carried out in all vehicle maintenance workshops that have Competent Persons (Class 6) working in accordance with the training received.
(4) and (5) The EMSD conducted in each of the past three years over 1 300 inspections to the 571 approved LPG "notifiable gas installations" in Hong Kong. These inspections included inspections at least once a year of the 29 vehicle maintenance workshops that have been approved for storing LPG fuel tanks of more than 130 litres, as well as random surprise inspections. The EMSD also visits other vehicle maintenance workshops for random inspections and promotional activities. According to the EMSD's records, no Competent Person (Class 6) has been employed by the vehicle maintenance workshop involved in the explosion-cum-fire incident in late April this year, and thus is not a workshop at which the fuel systems of LPG vehicles can be handled. The EMSD has not visited that vehicle maintenance workshop for issues related to the maintenance of LPG vehicles.
Since the explosion-cum-fire incident in late April this year, the EMSD has conducted about 2 000 additional inspections of vehicle maintenance workshops (including all vehicle maintenance workshops in the Wong Tai Sin District) to ensure that they have not contravened the requirements under the Gas Safety Ordinance (Cap 51). This involved ensuring that the vehicle maintenance shops have not stored more than 130 litres of LPG without approval, and that any maintenance, repair or replacement of LPG fuel systems or associated components and replacement of LPG fuel tanks is carried out by a Competent Person (Class 6) or under the supervision of a Competent Person (Class 6). Inspections by the EMSD of all 2 700 vehicle maintenance workshops in Hong Kong are underway and are expected to complete by the end of June.
In the past three years, the EMSD has prosecuted one person who is not a competent person for conducting repair work on the fuel system of LPG vehicles. The EMSD has also prosecuted the owner of a container for using that container as LPG container on a taxi without approval. In addition, the EMSD is conducting investigation of two cases involving vehicle maintenance workshops with excessive storage of LPG.
In 2012-2014, the EPD also conducted 3 228 inspections (1 203, 1 056 and 969 respectively) of vehicle maintenance workshops and have prosecuted four vehicle maintenance workshops for violating legislation on environmental protection.
The FSD did not keep separate statistics of the inspections made to or the number of fire safety directions issued to vehicle maintenance workshops in the past. However, following the explosion-cum-fire incident on April 26, the FSD immediately conducted inspections of all vehicle maintenance workshops in the Wong Tai Sin District. The FSD expects to complete the territory-wide inspection of around 2 700 vehicle maintenance workshops in Hong Kong by the end of July. As at May 31, the FSD has inspected 1 511 vehicle maintenance workshops. During the inspections, four cases of excessive storage of dangerous goods and 12 cases of over-storage of rubber tires in breach of Cap 295 have been identified. The FSD has taken enforcement action against the relevant responsible persons.
In the past three years, officers of the Labour Department conducted over 4 100 surprise enforcement inspections targeting at the work safety of vehicle maintenance workshops, and initiated a total of 15 prosecutions. A breakdown of the prosecutions by relevant legislation is set out in Annex.
(6) At present, there are about 1 100 Competent Persons (Class 6) in Hong Kong, including the 73 Competent Persons (Class 6) that registered in or after 2011. The number of vehicle mechanics in Hong Kong is about 9 000. The ratio is approximately 1:8. The age distribution of Competent Persons (Class 6) ranges from 25 to 75 years old. According to the site inspections conducted by the EMSD in 2014, there are about 2 700 vehicle maintenance workshops in Hong Kong and about 10 per cent of which provides maintenance and repair services to LPG vehicles. If such vehicle maintenance workshops have employed Competent Persons (Class 6), they may also provide services that involve the maintenance, repair or replacement of LPG fuel systems or associated components and the replacement of LPG fuel tanks.
(7) The EMSD issued certificates to some 1 100 Competent Persons (Class 6) in Hong Kong in late May this year and encouraged such persons to display their certificates at conspicuous places at the vehicle maintenance workshops that they are working at so that the responsible persons for and drivers of LPG vehicles (taxis and public light buses) can identify if any Competent Persons (Class 6) are employed at the vehicle maintenance workshops.
(8) The EMSD conducts random inspections of general vehicle maintenance workshops. The EMSD will conduct investigation, issue improvement notice and take prosecution actions if such workshops contravene the requirements under the Gas Safety Ordinance has been found such as storing excessive LPG, maintain, repair or replace LPG fuel systems or associated components or replace LPG fuel tanks without a Competent Person (Class 6) or the supervision of such person.
(9) In response to the explosion-cum-fire incident in Tsz Wan Shan, relevant government departments will review the established policies and consider appropriate follow-up actions.
Ends/Wednesday, June 10, 2015
Issued at HKT 20:18
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