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Cherry-picking the labour laws

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The Sunday Morning Post article 'In legal first, firm fined $2,000 for exposing staff to risk of RSI' (March 5) refers to prosecution by the Labour Department of a Hong Kong employer under the Occupational Safety and Health Ordinance.

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Repetitive strain injuries are non-fatal whereas environmental tobacco smoke, or passive smoking in the workplace, has been proven lethal.

The law states: 'An employer who fails to maintain the workplace in a condition that is, so far as reasonably practicable, safe and without risks to health - intentionally, knowingly or recklessly - commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for six months.'

Allowing highly carcinogenic smoke to be inhaled by non-smokers in the workplace is a blatant breach of the law. In Australia, employers have been successfully sued on the basis of a similar law.

It is high time the Labour Department advertised and sought out workers whose health has been seriously damaged by such smoke and enforce fully - not selectively - the workplace safety laws.

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Meanwhile, the government should consider suing the nicotine peddlers to pay for the costs of medical treatment, and ensuing loss of productivity, for nicotine addicts.

JAMES MIDDLETON, Pat Heung

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