CMNT_TITLE

China - Macau Special Administrative Region

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (RATIFICATION: 1999)
Occupational Safety and Health Convention, 1981 (No. 155) (RATIFICATION: 1999)
Safety and Health in Construction Convention, 1988 (No. 167) (RATIFICATION: 2003)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 167 (safety and health in construction) together.

Legislation. The Committee notes the Government’s statement, in response to the Committee’s previous request, that it is still in the process of revising its existing regulations on OSH in industrial and commercial establishments and on construction sites, with a view to consolidating them. The Committee observes that, as they are set out by the Government in its reports, the draft revisions to OSH regulations would give effect to a number of provisions of the Conventions under examination, namely: Articles 11(b) (on the determination of work processes, substances, and agents to be prohibited, limited, or made subject to authorization) and 18 (on measures to deal with emergencies and accidents) of Convention No. 155; and Article 1 (on application of Convention to all branches of economic activity) of Convention No. 148. The Government states that, in light of great public concerns on OSH in the construction industry, it has prioritized the revision of Law Decree No. 44/91/M concerning Regulations on Safety and Health in the Construction Industry, and of Law Decree No. 67/92/M concerning Penalties for Violations of Building Safety and Health Regulations. The Committee strongly urges the Government to take the necessary measures to ensure that the revision of the general regulations on OSH and the regulations on OSH in the construction industry are finalized in the near future. In addition, the Committee requests the Government to take into account the following points.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 12 of the Convention. Duties of those who design equipment or substances for occupational use. The Committee previously noted the Government’s indication that effect would be given to this provision of the Convention in the context of the ongoing legislative revision on OSH. The Committee observes that the envisaged revisions to the OSH regulations, as described by the Government in its report, would impose duties on employers or contractors rather than those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee also observes an absence of information regarding measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available the information and instructions contemplated under Article 12(b) of the Convention; and undertake, in accordance with Article 12(c), the studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided; and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of Article 12 of the Convention. It requests the Government to provide further information on the measures taken or envisaged in this regard.

Articles 13 and 19(f). Protection of workers in situations which the worker has reasonable justification to believe presents an immediate and serious danger. The Committee notes the information, provided by the Government in response to its previous request, concerning Articles 13 and 19(f), which refers to the obligations of employers under sections 9(3), 10(1) and 12(1) of the Law No. 7/2008 on Labour Relations (Labour Relations Law) and the obligations of workers under section 11(4) and (8) of the Labour Relations Law. The Committee notes, however, an absence of information regarding the protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee therefore requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention.

Article 17. Collaboration between two or more employers present in the same workplace. The Committee observes that the Government reiterates that it has only laid down collaboration requirements between several employers at the same workplace in the construction industry (section 1(2) of Law Decree No. 44/91/M). It notes the Government’s statement that it would actively consider the suggestions of the Committee regarding Article 17 of the Convention, and keep it informed of relevant legislative developments in subsequent reports. Recalling that the requirement of collaboration between employers engaging in activities simultaneously at one workplace, under Article 17 of the Convention, applies to all workplaces, the Committee requests the Government to take the necessary measures to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention.

Article 19(d). Measures to ensure that workers’ representatives are given appropriate OSH training. The Committee notes the Government’s reference to the provisions of existing legislation on the obligations of the employer or contractor to provide OSH training to employees. The Committee requests the Government to provide information regarding measures taken to ensure that workers’ representatives are also covered by arrangements at the level of the undertaking under which appropriate training in OSH has to be given, in accordance with Article 19(d) of the Convention.

Application in practice. The Committee notes the statistics provided by the Government, regarding the numbers of inspections conducted by the Legal Affairs Bureau between June 2010 and May 2015, the number of occupational accidents between June 2010 and March 2015, the amount paid in Macau Pataca for occupational accident claims between 2010 and May 2015, the number of punishments related to OSH violations between June 2010 and May 2015, and the cases of occupational diseases based on court judgments between June 2010 and 2014. In addition, the Committee notes that the Legal Affairs Bureau publishes a number of statistics on its website, including statistics on occupational accidents and occupational diseases based on final court decisions. The Committee observes that the statistics on occupational accidents for the first two quarters of 2018 listed 3,435 cases of accidents, resulting in 3,424 instances of temporary incapacity, three instances of permanent incapacity and eight deaths out of which three were related to violations of OSH regulations. The Committee also notes the Government’s statement that it would collect comments and suggestions from industries and develop various policies and measures on OSH at the appropriate time, with a view to preventing occupational accidents and diseases. Noting the number of occupational accidents, the Committee urges the Government to, without delay, take the measures referred to above with respect to the development of OSH policies and measures with a view to preventing occupational accidents and diseases. The Committee requests the Government to continue to provide information regarding the application of this Convention in practice, including further statistics on occupational diseases, and the manner in which it has requested input from industries to develop various OSH policies and measures.

B. Protection from specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee notes the Government’s indication that, in respect of air pollution, the proposed revision to the regulations on OSH would provide for technical standards on exposure limits as well as operational procedures for the control of engineering and processes. It also notes the Government’s statement that the Legal Affairs Bureau would carry out in-depth research and thorough analysis on the issue of vibration so as to set applicable standards. The Committee requests the Government to continue to provide information on any developments in respect of the research and studies undertaken to examine the need for technical standards regarding vibration.

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. Noting the Government’s indication that it would take into account the Committee’s previous comments in the ongoing revision of its OSH regulations, and with reference to its comments above on the application of Article 17 of Convention No. 155, the Committee requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, and to provide information on any developments in this regard.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. Noting the Government’s indication that it would take into account the Committee’s previous comments in the ongoing revision of its OSH regulations, the Committee requests the Government to take the necessary measures to give full effect to Article 8(1)–(3) of the Convention, by establishing criteria for determining the hazards of exposure to air pollution and vibration in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria. It requests the Government to provide information on the developments in this regard, including the relevant technical expertise that it has drawn upon in the elaboration of criteria and the determination of exposure limits.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. The Committee notes the Government’s indication that the proposed revision of the regulations on OSH would ensure that the regulations apply to both new and old plants and processes, in accordance with Article 9 of the Convention. It also notes the Government’s indication that, pursuant to the prohibition on smoking in workplaces under section 4(8) of Law No. 5/2011 on the Regime for Prevention and Control of Tobacco Use, workers will be protected from hazards related to second-hand smoking in the workplace. The Committee requests the Government to provide further information on the manner in which full effect is given to Article 9 of the Convention, including the manner in which the revision of the OSH regulations ensures the full application of this Article.

Article 10. Working without personal protective equipment. In its previous comments, the Committee requested further information regarding measures taken to ensure that the employer shall not require a worker to work without the personal protective equipment provided in accordance with Article 10 of the Convention. In this respect, the Committee notes the Government’s indication that, pursuant to sections 9(3) and 12 of the Labour Relations Law, employers are required to provide good working conditions for workers and that work must be carried out in good conditions of hygiene and safety, in workplaces that fulfil the conditions stipulated by law or regulations. Nonetheless, the Committee observes that the Government does not refer to any provisions providing that employers shall not require workers to work without personal protective equipment. The Committee requests the Government to take the necessary measures to give full effect to Article 10 of the Convention, and to provide information on the steps taken in this respect.

Article 15. Competent person appointed by the employer. The Committee notes the Government’s indication that, in the course of revising Law Decree No. 44/91/M, it would include provisions requiring employers to appoint at least one safety supervisor where 20 or more workers undertake work at the same construction site, and at least one safety officer where there are 100 or more workers at the same construction site. The Government indicates that the main duties of the safety officer would be to assist the contractor in ensuring the health and safety of workers at the workplace, including handling matters pertaining to air pollution, noise and vibration, and that the main job of the safety supervisor would be to assist the safety officer and the contractor in protecting the safety and health of workers. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that full effect is given to Article 15 of the Convention, including information on any measures taken in working environments other than construction sites.

C. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 16(1)(d), 17, 21 and 23 of the Convention. Operation of vehicles and earth-moving or materials-handling equipment by workers who have received appropriate training. Plant, machinery, equipment and hand tools. Work in compressed air. Work over water. In its previous comments, the Committee noted the Government’s indication that the ongoing process of revising legislation in the area of OSH would ensure compliance with Articles 16(1)(d) and 17 of the Convention and that consideration would be given to adopting the legislation with respect to the subjects covered by Articles 21 and 23 of the Convention. Noting an absence of further information regarding the application of these provisions in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that full effect is given to Articles 16(1)(d), 17, 21 and 23 of the Convention, and to provide further information regarding the measures taken or envisaged in this regard.

Article 27(b). Handling of explosives by a competent person. The Committee notes the Government’s indication that the new draft of the revised OSH regulations stipulates that explosives shall not be used except by a qualified person or a skilled worker under the supervision of a qualified person, and that measures shall be taken to ensure that workers and the public are not exposed to hazards. The Committee requests the Government to take the necessary measures to ensure that full effect is given to this Article of the Convention, including the requirement that explosives shall not be stored, transported, or handled except by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

Article 28. Prevention of health hazards. The Committee notes the Government’s statement that the draft of the revised OSH regulations would require gloves to be used and appropriate methods to be taken to dispose and discard biological infectious articles, and would prohibit eating in workplaces where biological hazards exist. The Government also indicates that pursuant to the new draft of the regulations, an employer would be required to take appropriate measures to ensure that workplaces are free from any hazard which is liable to be dangerous to workers’ lives, physical safety or health. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention in the near future, and that the preventive measures it envisages include not only biological hazards but also chemical and physical hazards, and cover all the elements in Article 28(2)(a)–(c), (3) and (4) of the Convention.

Article 33(2). Training and application in practice. With regard to its previous request for information on the causes for increased levels of claims for compensation raised in the area of construction, the Committee notes the information provided by the Government regarding the rapid rise in the number of workers in the construction sector between 2005 09, as well as the time-pressed construction projects with complicated work processes, which resulted in an increase in the number of cases of occupational accidents in the sector. It also notes the adoption of Law No. 3/2014 on Regulations concerning Occupational Safety Cards in the Construction Industry, which requires workers to register for basic courses on operational safety in construction or to take the relevant public examinations, with a view to obtain mandatory cards for employment in construction. The Government indicates that the Legal Affairs Bureau has been providing assistance to businesses, institutions and professional groups, including training courses in the context of the System of Occupational Safety and Health Cards in the construction sector, single subject training courses on OSH and promotional events on safety in construction. The Committee notes the Government’s statement that there were 125,844 holders of valid construction safety cards by 31 May 2015, and 45,056 persons enrolled in training courses on construction safety cards between 6 October 2014 and 31 May 2015. The Committee further notes the Government’s indication that the Legal Affairs Bureau has carried out inspections and surprise inspections of all construction sites at irregular intervals. In addition, the Committee takes note of the statistics regarding occupational accidents in the construction industry, published on the website of the Legal Affairs Bureau, which indicate that the number of occupational accidents has decreased between 2015 17 (2014: 1,269; 2015: 1,369; 2016: 1,054; 2017: 770). The Committee requests the Government to continue to provide information regarding the application of the Convention in practice, including further information on the implementation and impact of the System of Occupational Safety and Health Cards in the construction sector.