What Changed
- Site safety attributes make up approximately 30% of the technical score in public works tender evaluations.
- Minor injury incidents are excluded from accident rate calculations and do not directly trigger score deductions or tendering disqualification.
- DEVB retains authority to suspend tendering eligibility prior to the conclusion of Labour Department investigations following serious safety incidents.
Background and Overview
On October 21, 2026, the Secretary for Development, Ms Bernadette Linn, delivered a written reply to a Legislative Council question (LCQ7) raised by the Hon Julia Lau regarding the site safety performance scoring mechanism for contractors. The inquiry addressed industry concerns over whether existing performance evaluations accurately reflect risk profiles, whether minor injuries disproportionately impact tender scores, and how work injury severity is factored into public works and housing project assessments in Hong Kong SAR.
The Development Bureau (DEVB), in coordination with the Hong Kong Housing Authority (HA) and the Labour Department (LD), outlined the administrative and regulatory frameworks governing contractor assessments, tendering eligibility, and safety monitoring across public works contracts.
Site Safety Weighting in Tender Evaluations
When evaluating tenders for public works contracts, the Hong Kong SAR Government considers both tender price and technical competence, which includes past safety records. Depending on the complexity of a given project, technical scores account for 40 per cent to 50 per cent of the overall tender evaluation score. Within this technical component, site safety attributes constitute approximately 30 per cent of the total technical score.
In addition to initial tender evaluations, DEVB maintains ongoing oversight through a quarterly performance assessment mechanism. Works departments evaluate contractors across multiple parameters, including plant maintenance, working environment, safety instructions and training, safe systems of work, employment of qualified safety personnel, site accident records, and the severity of site accidents. Unsatisfactory ratings negatively impact a contractor's prospect of winning future tenders and can lead to formal regulating actions.
Distinction Between Serious Incidents and Minor Injuries
Addressing concerns regarding an "all-inclusive" scoring approach, the reply clarified that non-reportable minor injury incidents—such as those requiring immediate on-site treatment or causing brief absence from work—are not included in public works site accident rates and do not directly affect quarterly performance assessments.
The Labour Department compiles construction industry accident rates based on fatal accidents and injuries causing incapacity for more than three days under the Factories and Industrial Undertakings Ordinance. Similarly, DEVB calculates public works site accident rates using "reportable accidents," defined as:
1. Fatal accidents;
2. Serious bodily injury accidents; and
3. Accidents resulting in incapacity for more than three days.
Accident Rate Limits and Assessment Ratings
Work performance scoring differentiates between varying levels of accident severity rather than assessing all incidents identically:
- Accident Rate Limit: The threshold for public works contracts is set at 0.3 reportable accidents per 100,000 man-hours worked. Exceeding this limit results in a "Poor" rating for the "site accident record" attribute in the quarterly report.
- Serious Bodily Injuries: If a serious bodily injury accident occurs during the quarter, the contractor's overall site safety performance attribute is generally rated "Poor" or "Very Poor."
- Fatal Accidents: A fatal accident during the quarter results in a site safety rating of "Very Poor."
Regulatory Actions and Tendering Suspensions
For contractors listed on the "List of Approved Contractors for Public Works" and the "List of Approved Suppliers of Materials and Specialist Contractors for Public Works," serious site safety incidents trigger immediate administrative scrutiny:
- Immediate Suspension: If DEVB reasonably suspects that a contractor caused or contributed to a serious incident—whether on a public, public sector, or private site—it can suspend the contractor's tendering eligibility within a short period. This suspension applies even if the Labour Department's formal investigation remains ongoing.
- Tenders in Progress: Tenders already submitted by a suspended contractor for public works contracts are disqualified from consideration during the suspension period.
- Formal Inquiry: A Panel of Enquiry is subsequently convened to determine further regulatory sanctions, which may include extended tender suspensions or complete removal from approved contractor lists.
Mechanism Under the Housing Authority
Similarly, the Housing Authority (HA) compiles quarterly accident rates to monitor overall safety risks. Fatal or serious industrial accidents lead to regulatory measures, including cooperation with LD investigations, tendering suspensions, and score deductions from safety performance ratings and future HA contract bids. Minor injury incidents under HA contracts do not result in direct score deductions or affect tendering eligibility.
Technology and Preventive Initiatives
To enhance site safety capabilities, the Government continues to drive technology adoption. Key initiatives include promoting the Smart Site Safety System (4S) to identify unsafe acts early. Additionally, through contractual provisions, HA integrates 4S safety data into its AI+ "HA-PIMAP" (Project Information Management and Analytics Platform) to monitor contractor safety performance and improve frontline safety awareness.
Frequently Asked Questions
Q1: Are minor injury incidents aggregated with fatal or serious accidents in public works scoring?
A1: No. Non-reportable minor injury incidents (such as those requiring on-site treatment or short absences) are excluded from public works accident rate calculations and do not directly impact quarterly performance scores or tendering eligibility.
Q2: What is the accident rate threshold for public works contracts in Hong Kong SAR?
A2: The established limit is 0.3 reportable accidents per 100,000 man-hours worked. Exceeding this rate causes the "site accident record" item in a contractor's quarterly performance report to be rated "Poor."
Q3: Can a contractor be suspended from bidding before an investigation is completed?
A3: Yes. If DEVB reasonably suspects a contractor was involved in a serious site safety incident on a public or private site, it may suspend the contractor's tendering eligibility for public works contracts while the Labour Department's investigation is still under way.
Q4: What percentage of a public works tender score is dedicated to site safety?
A4: Technical competence accounts for 40 per cent to 50 per cent of the overall tender evaluation score, and site safety attributes represent approximately 30 per cent of that technical score.
Who May Be Affected
Public works and public housing contractors, specialist works suppliers, and safety management personnel operating in Hong Kong SAR.
Cross-Border Context
Applies to construction firms and contractors bidding for public sector infrastructure and housing projects in Hong Kong SAR.
What to check next
- Statistical breakdowns of contractor performance ratings and mark deductions published in Annex 1 and Annex 2 of the press release.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.