Foreign Domestic Helpers: Understanding Window Cleaning Terms

If you've been following the news, there have been occasional reports of fatal accidents involving falling from buildings while cleaning windows, with some involving foreign domestic workers. In many cases, paramedics confirmed that resuscitation efforts were futile. As an employer, you have a responsibility to ensure the safety of your employees. There are clear guidelines regarding foreign domestic helpers cleaning windows to safeguard their safety and rights, as detailed below.

Window Cleaning Safety Clause for Foreign Domestic Helpers

Due to frequent accidents involving foreign domestic helpers falling while cleaning windows, the government implemented a new clause in standard contracts starting from January 1, 2017, to enhance occupational safety for foreign domestic helpers. The clause states that when a foreign domestic helper is required to clean windows facing outward, and the windows are not at ground level or adjacent to a balcony or corridor where it's reasonably safe for the helper to work, the following safety measures must be complied with before window cleaning:

i) The window to be cleaned must have grilles installed, and these grilles must be locked or secured to prevent them from being opened.

ii) Apart from their arms, the helper must not extend any other part of their body outside the window.

Foreign domestic helpers have the right to refuse requests from employers that do not comply with the above regulations. If necessary, they can seek assistance from the Labor Department. If the contract is terminated as a result, in addition to the notice period, the employer must also settle any outstanding payments according to the contract. For detailed information, refer to Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

Window Cleaning Safety Tips for Foreign Domestic Helpers

If window cleaning is necessary, consider the following tips to enhance safety and prevent accidents as a responsible employer:

1.          Avoid using ladders whenever possible, as using them, regardless of height, increases the risk.

2.          If climbing is necessary for window cleaning, use appropriate tools such as the "window cleaning gadget" available in the market, consider purchasing one for the helper.

3.          Always check the safety of any footstool or ladder before use.

4.          Be cautious when climbing up or down the footstool or ladder.

5.          Do not overextend; move the footstool or ladder as needed.

6.          Even if the window has grilles installed, double-check if they are locked.

7.          Do not rely solely on windows or grilles for support.

8.          Apart from their arms, helpers should not extend any part of their body outside the window.

Work Injury Issues for Foreign Domestic Helpers

In the unfortunate event of injury or death due to an accident, regardless of negligence or fault, the employer is responsible for compensation. Generally, comprehensive insurance for foreign domestic helpers covers injury or death-related expenses, including hospitalization or repatriation of the body. For detailed coverage and amounts, please read carefully to the insurance policy. Additionally, in case of a work injury, the employer must report to the Labor Department within 14 days of the injury or 7 days in case of death. Failure to report within the stipulated period without reasonable cause or providing false or misleading information is illegal and can result in a fine of up to HK$50,000 upon conviction. Furthermore, withholding compensation or related expenses (such as sick leave pay, medical expenses, and lump-sum compensation for death or permanent total or partial loss of work capacity) without valid reason is also illegal and can result in a fine of up to HK$100,000 upon conviction.

Foreign domestic helpers leave their homes to work abroad, often to support their families. Ensuring their safety is not only a legal obligation for employers but also a way to protect the well-being of families. Apart from window cleaning, special work arrangements may be necessary for pregnant foreign domestic helpers. For details, refer to the relevant article - Pregnancy and Maternity Leave Arrangements for Foreign Domestic Helper

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use