When assessing systems of work, courts look at whether systems operate effectively in real time, including the ability to issue immediate stop-work instructions and provide safe shelter when conditions deteriorate. The ruling is highly relevant to companies in the delivery sector, where workers are often exposed to such risks.

Background

The plaintiff was employed as a motorcycle delivery rider working an evening shift as Typhoon Signal No. 3 was in force and Typhoon Signal No. 8 (“T8”) was imminent. Weather updates were issued via a messaging platform, while work allocation and confirmations continued through the employer’s delivery application. T8 was hoisted at about 10:40 pm, and the employee completed his final order at 10:58 pm. He then set off for home and was allegedly blown off his motorcycle by strong winds. The Court held that the system in place at the material time was unsafe and apportioned liability 80/20 in the employee’s favour.

Employers’ duties under Hong Kong law

Hong Kong law imposes a non‑delegable duty on employers to take reasonable care for employees’ safety. This includes providing and enforcing a safe system of work, suitable equipment and effective supervision.

In parallel, under the Occupational Safety and Health Ordinance (Cap. 509), employers must ensure, so far as reasonably practicable, the safety and health of employees at work. This duty is reinforced by the Labour Department’s Code of Practice for Typhoons and Rainstorms and its “extreme conditions” arrangements, which require the suspension of exposed outdoor work, the issuance of clear stop-work instructions, access to safe shelter, and effective, timely communication during serious weather events.

Courts assess not only written policies but whether the operating system functions in real time, including assessing the technology and communication channels used by the employer and incentives offered to employees which may influence an employee’s decision to continue working when their safety may be compromised.

Designing a safe system of work

To create a safe system of work, employers should first conduct a structured risk assessment to identify foreseeable hazards, such as typhoons, black rainstorms, and other “extreme conditions." Based on this assessment, they must establish clear escalation triggers tied to Hong Kong’s weather signals, with designated authority to stop work. These triggers should be integrated into daily operations to ensure that exposed work is automatically suspended when a safety threshold is reached. Employers must retain the practical ability to halt work promptly in adverse conditions, as any delay caused by reliance on offshore or third-party systems is not a defense.

Communication, supervision, and company culture should all reinforce safety. Safety alerts and stop work instructions should be sent through the primary channels that workers actively use, with clear, multilingual wording and a way to confirm receipt. Pay and performance metrics should not reward risk taking or drive employees to complete tasks at the expense of safety. It is also important to train employees for real‑world scenarios and keep clear records to evidence timely action.

Contributory negligence and witness credibility

Courts will also consider employees’ own choices during adverse weather conditions. In this case, the Court examined the employee’s decision to ride his motorcycle home while T8 remained in force. It concluded that this amounted to contributory negligence. Nevertheless, the emphasis remains on the employer’s primary and non-delegable duty to ensure employee safety. Contributory negligence is therefore applied by courts to reflect an employee's specific conduct, but not to displace the employer’s fundamental responsibilities. Even where a court considers an employee to have exaggerated or been untruthful about the extent of an injury, such credibility findings would only affect the quantum of damages and not liability.

Conclusion

Fast moving conditions demand foresight and operational readiness. A safe system of work must be designed for practical execution, with clear stop work instructions for adverse or extreme weather, technology capable of halting tasks immediately, communication channels employees will not miss, and incentive structures that reward safe choices. In this case, the Court expected the employer to suspend its services and cease accepting new orders when T8 was imminent, as well as to direct employees to stop working through the delivery application which they would use while working. Continuous improvement should also be built into operations through testing, training, and post event reviews. Aligning these measures with statutory duties and the Labour Department’s guidance will enable employers to protect employees and reduce legal and reputational risk.