Whilst reasonable efforts have been made to ensure the accuracy of the information contained herein, the Construction Industry Council (CIC) nevertheless would encourage readers to seek appropriate independent advice from their professional advisers where possible. Readers should not treat or rely on such information as a substitute for such independent professional advice.
The information provided below is for general reference only and should not be treated as inclusive of all matters and requirements in relation to Construction Workers Registration Ordinance (Cap. 583) (CWRO). For a complete statement of the law, direct reference should be made to the CWRO itself. The information provided herein will not affect the functions and powers conferred upon the CIC under the CWRO.
1) Does the requirement to submit DARs of workers apply to my project?
If any work to be carried out under your project falls within the definition of “construction work”, and the place where such work is carried out is a “construction site”, as defined in section 2 of the CWRO, the requirement to submit DARs will be applicable to your project.
2) Who is responsible for submitting DARs?
The controller of the construction site is required to submit to the Registrar the DARs of the registered construction workers who carried out construction work on the construction site during the prescribed statutory period (see answer to Question 5 below).
In general, the controller of a construction site refers to the principal contractor for that construction site. If there is no principal contractor, the controller will be any person who has control over or is in charge of the construction site.
3) Who needs to be recorded in a DAR?
All registered construction workers employed to personally carry out construction work on the construction site concerned shall be recorded in the DAR.
4) Is the tapping of cards on an electronic card reading device equivalent to having submitted a DAR?
Tapping cards is not equivalent to submitting a DAR. By tapping workers’ registration cards on an electronic card reading device, their information is captured and synchronized with the CIC’s cloud if an Internet connection is available. However, the controller of the construction site is then required to log onto the Construction Workers Registration System (CWRS) to verify the completeness and accuracy of the DARs that are synchronized in the CIC’s cloud and confirm submission in order to complete the submission process.
5) When and how often shall I submit DARs to the Registrar?
After any construction work begins on the site, a copy of the DAR in respect of every period of 7 days must be submitted within 2 business days after such 7-day period. The DAR shall contain true and complete records including the number and identity of all registered construction workers, employed by the controller of the construction site or its sub-contractor(s), personally carrying out construction works on the construction site during the recorded period.
6) How do I submit the DARs?
The controller for a construction site is required to submit the DARs to the Registrar through the CWRS. Please refer to the CWRS User Manual for the operation details.
The key steps of the general submission procedure are outlined as below for ease of reference:
|Step 1:||apply to create a master account and register the contract in CWRS (https://cwrg.cic.hk/) before any construction work begins on the site.|
|Step 2:||download and install the DAR App to an electronic card reading device|
|Step 3:||maintain and synchronize the Good List (a list of all workers permitted to work on a specific construction site or contract) between the DAR App and the CWRS|
|Step 4:||capture DARs via electronic card reading devices by tapping registration cards when workers report on and off duty on a site|
|Step 5:||upload DARs to the CIC’s cloud by synchronizing automatically or manually when internet connection is available|
log onto the CWRS to submit DARs:
- verify all information in the DAR and, if necessary, input/amend the DAR before submission
7) How can I amend DARs in the CWRS?
Before the due date for submission, the controller of a construction site can log onto the CWRS and make the following amendments manually:
(i) correcting the information contained in a DAR such as the serial number / running number (which is stored in / printed on the workers registration card of a worker), the In/Out Status, the In/Out time from the site and the practising trade code;
(ii) adding a DAR of a registered construction worker by entering the registration number and the serial number / running number stored in / printed on his/her workers registration card, the In/Out Status, In/Out date and time from the site and the practising trade code in the CWRS; and
(iii) deleting any invalid DAR.
Please refer to the CWRS User Manual for operation details.
It is important to note that once the due date has passed, all submitted DARs cannot be amended.
8) Under what circumstances should I update the Good List?
The controller of a construction site should update the Good List when:
(i) the practising trade division of an existing worker is changed;
(ii) the registration status of an existing worker is changed;
(iii) the contract period is extended;
(iv) the working period of an existing worker is changed; or
(v) a new worker is added.
9) Do drivers of construction vehicles need to tap their registration cards on electronic card reading devices when they drive into or out of construction sites for carrying out construction works?
In order to capture the DAR of drivers of construction vehicles who carry out construction work on construction sites, they should tap their registration cards at card reading devices. In circumstances where a card reading device cannot be fixed at the vehicular run-in/out of the site, the controller of the construction site may consider using a mobile card reading device to collect the DAR of drivers.
10) My contract is not subject to the DWDS requirement. In these circumstances, am I required to submit DARs to the Registrar?
Yes, even if the requirements under DWDS provisions do not apply, all other requirements of the CWRO, including but not limited to the submission of DARs, are applicable to construction work on construction sites.
11) If the site work is temporarily suspended or no worker is deployed to work on site for a certain period, do I need to submit the DAR for that period?
Even if there were no registered construction workers working on a site during the recorded period, the controller of the construction site is required to continue to submit DARs within 2 business days after each 7-day period after construction works began on the site until the prescribed certificate of completion as specified in the definition of “construction site” under the CWRO has been issued.
The controller of the construction site can simply click [Submit] and [Confirm] buttons in the CWRS to submit a record of zero if there have been no registered construction workers carrying out construction work on the site for the recorded period.
12) If a certificate of completion has already been issued to Buildings Department for my project, do I have to notify the CIC?
A controller of a construction site is not required to submit DARs after the prescribed certificate of completion as referred to in the definition of “construction site” of the CWRO has been issued. In this regard, controllers of construction sites shall notify the CIC of the issue of such certificates by applying for contract completion in the CWRS. Please refer to the CWRS User Manual for operation details.
13) What are the consequences for a controller of a construction site who fails to comply with the requirement to submit DARs?
A controller of a construction site who fails to submit a DAR within the prescribed statutory period, or makes false or misleading information in a DAR, may be prosecuted and is liable on conviction to a fine at level 3 of HK$10,000.
Last Updated: 2021-01-12 15:07:42