Are New World First Ferry and Star Ferry in breach of the Occupational Health and Safety Ordinance?

Subject: Occupational Health and Safety Ordinance, CAP 509, Laws of Hong Kong.

Section 6: Employers to ensure safety and health of employees

The law

Section 6 of the Occupational Health and Safety Ordinance states - Every employer must, so far as reasonably practicable, ensure the safety and health at work of all the employer's employees.

Offences

Cases in which an employer fails to comply with this law can include:

1.  Failure to maintain the workplace in a condition that is, so far as reasonably practicable without risks to health; or

2. Failure to provide or maintain a working environment for the employer's employees that is, so far as reasonably practicable, without risks to health.

Penalties

An employer who fails to comply with these subsections commits an offence and is liable on conviction to a fine of $200000, whilst an employer who intentionally, knowingly or recklessly commits fails to comply with these subsections commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months.

See also the Labour Department guidelines on Air Impurities in the Workplace:

http://www.labour.gov.hk/eng/public/oh/impurities.pdf

CASE STUDY 1 – New World First Ferry at Pier 5

The smoke cone left by ferries berthing at Pier 5 

Ferry departing - the wind is blowing the dark smoke towards the ferry terminal

 

As the ferry pulls away, the smoke is blown into the terminal - you can "smell" the fumes

Smoke that isn't blown into Pier 7 blows into adjacent piers, some operated by New World First Ferry

CASE STUDY 2 – Star Ferry at Pier 7

Star Ferries berthing or departing Pier 7 - from the outside

Star Ferries berthing at Pier 7 - from the inside

The spotless railings at Star Ferry Pier 7 - always "clean and shiny"

The clean glove test - conducted on 20 February 2013, by brushing a railing with the glove

Glove before the test

Gloves after four separate tests.

Is this what they call "Particulate Matter"? 

The question is, are New World First Ferry and Star Ferry complying with the law in ensuring the provision of a working environment without health risks to their employees, or are they breaking the law?