HK needs to mandate maximum working hours

Ho Lok-sang says a serious traffic accident last week clearly shows that some people - particularly drivers - still have working hours which are too long and this must change

In this column I have previously proposed that Hong Kong needs to set legal maximum working hours (Nov 20, 2012). I have also noted that the high incidence of traffic accidents is a blight on Hong Kong's reputation as a safe city (Nov 15, 2016). Sadly, a very serious traffic accident last week confirmed my worst fears.

A Citybus double-decker on route E21A, reportedly trying to avoid hitting a taxi that slowed down in front of it, slammed through a pavement railing about 6:30 pm last Friday. The accident resulted in three people being killed and 30 injured. Among those killed was a passenger in the upper deck, which had its roof partly scraped away as the bus crashed against an overhanging canopy from a building. The bus driver had been on a 14-hour shift. The driver had finished one shift that morning shortly after 6 am. After taking a 10-hour break, he started another shift at 5:25 pm the same day. Police after reviewing a video clip taken from the bus found no evidence of speeding. But they found the driver's response to be inadequate or flawed. Police are now investigating whether this had to do with his driving state or whether there were other causes.

Citybus said that the 44-year-old driver had been given enough rest time and that the company had not violated any rules or regulations. The Transport Department's rules about rest and shifts stipulate that each shift should not exceed 14 hours. There should be at least 10 hours break between two shifts. At least 30 minutes of rest time must be given after 6 hours of work. The driver was originally scheduled to resume work at 10 pm the same day. But he decided to help out earlier than scheduled, because there was a shortage of bus drivers on duty.

A spokesman for a labor union said many drivers willingly did extra hours to increase their incomes. He said the bus company should raise the salaries of drivers and reduce their need for overtime work. He also suggested that the Transport Department amend guidelines for working hours so that hours per shift are capped at 12 instead of 14 hours.

In the debate over "standard working hours" the focus of unions appears to be money. If standard working hours are mandated, workers will be able to enjoy higher hourly rates for hours worked beyond the standard rate. But the more important issue should be workers' health, safety and public safety. Occupations are all different. Allowing a security guard at an apartment to work longer hours might be fine, but a bus driver working too many hours can endanger other people's lives - as last Friday's tragedy clearly shows.

I am aware that in the consulting business and in accounting and auditing professions, young professionals are often expected to work well over 60 hours per week and sometimes even over 70 hours per week. Many people find this acceptable. These people argue that for those wanting to build a career the extra effort is worthwhile and people are free to leave if they want. But if corporate social responsibility is to be taken seriously, certainly workers' health, family and social lives must also be taken seriously. I have no objections to a person occasionally working longer hours if public safety is not an issue. But on average weekly working hours in excess of 60 over an entire month should not be allowed, even if workers have no objections.

Today for some occupations the distinction between working and not working is not very clear. In a service-dominated economy and particularly in an international financial and commercial center like Hong Kong there are many who have to entertain or attend social events for reasons related to their work. Many people also have to stay online for long hours and to respond appropriately "after work" to emails or messages. Even on vacation many people have to stay in touch with their colleagues and their work. Perhaps there is not much we can do about these trends. But we certainly can and should do much more about overworked drivers: Bus, truck and taxi drivers. A vehicle is a lethal weapon which terrorists have already used to kill many people. Overworked drivers are certainly not terrorists, but their vehicles endanger public safety all the same.

In the 2015 Economic Intelligence Unit report on city safety, Hong Kong was ranked 40th for overall infrastructure safety because of "the number of vehicle accidents per year". Hong Kong was ranked one from the bottom for the number of "annual pedestrian deaths". In that year 117 fatal accidents occurred. Last year the number went up to 129 - which was the highest in three years. So far 2017 is not looking good when it comes to road accidents.

In conclusion, I find the Transport Department's guidelines for required rests for bus drivers grossly inadequate when it comes to protecting public safety. These need to be reviewed and revised immediately. Moreover, the focus of the debate on standard working hours should also be changed to maximum working hours. After all, we want to build a humane and harmonious society. Let's hope that things will take a better turn from now on.

(HK Edition 09/26/2017 page8)