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 115 (radiation protection), 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 reiterated statement, in its report, in response to the Committee’s previous request, that it is still in the process of reviewing its existing regulations on OSH in industrial and commercial establishments and on construction sites, with a view to consolidating them and to elaborating a Regulation on OSH with a general scope of application. The Government states that, in light of great public concerns about OSH in the construction industry, the adoption of the Act on OSH in the construction sector is considered a priority, and that this obtained the general approval by the Assembly of the Legislative Council at its plenary meeting on 20 April 2022. The draft Act is now undergoing detailed review by the First Standing Committee of the Legislative Council. The Committee strongly urges the Government to take the necessary measures to ensure that the Regulation on OSH and the Act on OSH in the construction sector are finalized and adopted in the near future, ensuring that full effect is given to a number of provisions of ratified OSH Conventions, including 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, as well as Article 1 (on the application of the Convention to all branches of economic activity) of Convention No. 148.

Application in practice of Conventions Nos 115, 148, 155 and 167. The Committee notes the Government’s reference to the annual inspection reports and analysis of occupational accidents published on the website of the Labour Affairs Bureau (DSAL), which contain detailed statistical information on inspections conducted (including special inspection visits on construction sites), penalties imposed related to OSH violations, occupational accidents and diseases reported, and the payment of occupational accident claims. The Committee also notes that the statistics regarding occupational accidents indicate a decreasing trend, from 7,309 cases in 2016 to 4,878 in 2021. The highest number of accidents occurs in the sectors of culture, gambling and services, the hotel and restaurant sector, as well as construction. In particular, more than half of accidents resulting in death and long-term incapacity take place in construction. The Committee further notes that very few occupational diseases were reported: three in 2019, two in 2020 and two in 2021. The Committee requests the Government to continue to provide information regarding the application of Conventions Nos 115, 148, 155 and 167 in practice, including relevant statistical information and the measures taken or envisaged to develop various OSH policies and measures.

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 revision of 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 notes 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 information and instructions (as required 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 the obligations set out in 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: (i) 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; (ii) 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 (iii) undertake 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. 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. Further to its previous comment, the Committee notes the Government’s information on 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 Government refers to sections 9.3, 11.1(4) and (8) and 12 of the Act on Labour Relations which require the employer to provide good working conditions, and require workers to respect orders and instructions received unless contrary to their rights, as well as to collaborate with the employer on OSH. The Government indicates that, if the employer has not taken effective measures or provided personal protective equipment to ensure their safety, workers have the right to refuse to perform their duties. The Government states that an employer cannot order or direct an employee to carry out work without providing sufficient OSH conditions, including the provision of personal protective equipment. Otherwise, workers have the right to refuse to perform these duties without prejudice or penalty for their refusal. The Committee notes the general obligation on an employer to provide good working conditions as required by the Act on Labour Relations, but observes an absence of specific legislative provisions relating to Articles 13 and 19(f) of the Convention. The Committee requests the Government to provide information on the specific measures taken to ensure 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 in all sectors.Further, noting the Government’s indication that if an employer prevents workers from exercising their rights in any way, the DSAL will initiate penalty proceedings against the employer in accordance with section 10.1, in conjunction with section 85.1(2) of the Act on Labour Relations, the Committee requests the Government to indicate whether any proceedings have been initiated by the DSAL relating to the protection foreseen by Articles 13 and 19(f) of the Convention.

Article 17. Collaboration between two or more employers present in the same workplace. Further to its previous comments, the Committee notes the Government’s explanation that the reason for legal requirements for collaboration between several employers at the same workplace only in the construction industry (section 1(2) of Law Decree No. 44/91/M) is that there are few cases of multiple employers in the same workplace in other sectors. The Government indicates that, in practice, in sectors other than the construction industry, if there are multiple employers in the same workplace, the DSAL will liaise with the owner or the principal person in charge of the workplace concerned to coordinate the collaboration among the employers on OSH matters, to ensure that the workers work in compliance with the OSH legislation. The Committee requests the Government to provide further information on the measures envisaged, including in the context of the development of the Regulations on OSH 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 previously noted 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 notes the Government’s response to its previous request on training for workers’ representatives that, regardless of whether the worker is a worker’s representative or not, as long as he or she is an employee of the enterprise concerned, the employer or the contractor shall provide OSH training in accordance with the relevant legislation. The Committee takes note of this information which responds to its previous request.

B.Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and (2), 6, 7(1) and 8 of the Convention. Fixing of maximum permissible doses and amounts of ionizing radiation. The Committee notes the Government’s response, in its report, to its previous request regarding the review of the maximum permissible doses, in light of current knowledge and taking into consideration the 2015 general observation. In particular, the Government indicates that the adoption process of the Regulations on OSH was delayed due to the priority given to the amendment to OSH Regulations in the construction sector. The Government states that, when determining the maximum permissible doses and amounts of ionizing radiation in the draft Regulations on OSH, both the maximum permissible doses adopted by the International Commission on Radiological Protection (ICRP) and the local circumstances will be taken into consideration, including the types of work related to ionizing radiation and the types of radiation sources, as well as the effective doses for the whole body, abdomen and pregnant women. The Committee requests the Government to take the necessary measures to ensure the maximum permissible dose is reviewed during the adoption of the Regulation on OSH in the near future, in light of current knowledge and taking into consideration the 2015 general observation, and to provide information on any progress made in this regard.

Article 12. Medical examination of workers directly engaged in radiation work. With reference to its previous request for information concerning the adoption of draft regulations that would give effect to this provision, the Committee notes that the Government once again refers to the draft Regulations on OSH which will provide for the frequency and type of medical examinations to be performed for workers exposed to radiation. The Committee requests the Government to take the necessary measures to ensure that the Regulations on OSH containing provisions giving effect to Article 12 of the Convention are adopted in the near future, and to provide information on any progress made in this regard.

Article 13. Measures to be taken promptly in certain circumstances because of the nature or degree of the exposure. Examination of working conditions by competent persons. Remedial actions taken by the employer. Further to its previous comment, the Committee notes the Government’s indication that, in the context of the draft Regulations on OSH, consideration will be given to imposing an obligation on employers to deploy staff to measure the exposure of workers to radiation on a regular basis, and to ensure that equipment that generates ionizing radiation must be installed, repaired, maintained and tested by qualified persons. The draft Regulations will also contain provisions related to the storage location of radioactive substances, collective protection measures and individual protection equipment. The Committee requests the Government to take the necessary measures to ensure that the Regulations on OSH which contains provisions giving full effect to Article 13 of the Convention are adopted in the near future, in particular, specifying that, because of the nature or degree of the exposure, action shall be taken promptly so that competent persons shall examine the conditions in which the worker’s duties are performed (Article 13(c)) and that the employer takes any necessary remedial action on the basis of the technical findings and the medical advice (Article 13(d)).

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Further to its previous comment, the Committee notes the Government’s reference to sections 47.1(a) and (b) and 55 of Decree No. 40/95/M, which apply to workers temporarily incapable of performing work, due to an occupational accident or disease. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no worker shall be employed or shall continue to be employed in work with exposure to ionizing radiation contrary to qualified medical advice, including in situations before any abnormalities or occupational diseases have been detected.

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

Articles 4(2) and 8 of the Convention. Technical standards. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes the Government’s response, in its report, to its previous request regarding the establishment of criteria and exposure limits for air pollution and vibration in the working environment. The Government refers to the need to carry out adequate research and public consultation, in particular regarding the views of the sectors concerned on relevant technical standards, in order to obtain sufficient scientific data for the formulation of relevant criteria. The Government also indicates that, in practice, the DSAL uses Macao Indoor Air Quality Guidelines for General Public Places and the National Standard of the People's Republic of China "Indoor Air Quality Standard" (GB/T1883-2002) as the basis for monitoring harmful gases and air pollution in the workplace. The Committee once again 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 also 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. Further to its previous comment, the Committee notes the Government’s indication that the inspection committees, comprising representatives from the Economic and Technology Development Bureau, DSAL, Fire Services Bureau, Urban Services Department and Health Bureau, carry out inspections of the new factories within their respective competence, including with regard to fire prevention, OSH and environmental protection conditions. At the same time, the relevant departments continue to monitor established factories or work processes to ensure that the safety measures are implemented and enforced in accordance with the law. The Committee takes note of this information which responds to its previous request.

Article 10. Working without personal protective equipment. Further to its previous comment, the Committee notes that Government’s indication that several provisions of OSH-related laws and regulations provide for the obligation of employers to provide personal protective equipment, in order to ensure the safety of workers. The Government refers to sections 9(3), 11(1)(4) and 12 of the Act on Labour Relations, indicating that the general obligation of employers to provide good working conditions of hygiene and safety encompasses the obligation to provide personal safety equipment, and that workers have the right to refuse to work if such protective equipment is not provided. The DSAL applies appropriate sanctions to employers concerned, in accordance with the law where violations are detected. Noting an absence of provisions which explicitly refer to an obligation to provide personal protective equipment, the Committee requests the Government to provide information on the measures taken, including in the context of the development of the Regulations on OSH, to ensure that employers shall provide and maintain suitable personal protective equipment in situations where air pollution, noise and vibration is not within the limits specified.

Article 15. Competent person appointed by the employer or use of outside service. Further to its previous comment, the Committee notes the Government’s indications on the application of this Article in sectors other than construction. The Government states that the existing legislation does not provide for the general obligation of employers to appoint competent persons or qualified service providers to deal with matters relating to the prevention and control of air pollution, noise and vibration in the work environment. However, to achieve the objective of preventing work hazards, the DSAL will continue to strengthen its efforts in promoting OSH compliance in all sectors, and encourage employers to appoint qualified personnel or qualified service providers in this regard. The Committee requests the Government to continue to provide information on any measures taken or envisaged to ensure the appointment of a competent person or use of outside services by employers to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment, including through the adoption of relevant legislation.

C.Protection in specific branches of activity

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

Articles 16(1)(d) and 17 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. Further to its previous comment, the Committee notes the Government’s reference, in its report, to the draft Act on OSH in the construction sector, which provides for a general requirement that the testing, examination, inspection and preparation of construction plans for machinery, installations, tools, equipment, engineering structures and specific processes shall be carried out by appropriately trained and experienced engineers or personnel designated by the contractor. Moreover, the draft Act provides for the adoption of supplementary administrative rules, which will specify relevant technical standards for machinery, tools, equipment and work processes as necessary. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 16(1)(d) and 17 of the Convention.

Article 21. Work in compressed air. Further to its previous request, the Committee notes the Government’s reference to the draft Act on OSH in the construction sector and its supplementary administrative rules, which require that: (i) before working in a confined space with higher atmospheric pressure, a hazard assessment must be conducted and a work permit issued by a designated person with appropriate training and relevant work experience; (ii) before entering the confined space, appropriate measures must be taken to prevent adverse bodily reactions caused by the high pressure of the compressed air; and (iii) safety measures must be observed, such as arranging for first aid personnel to be present and specifying a safe working time limit. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 21 of the Convention.

Article 23. Work over water. Further to its previous comment, the Committee notes the Government’s indication that the draft Act on OSH in the construction sector requires contractors to ensure that equipment is in a fit and proper condition for the work, and does not pose a risk, including transport equipment used on water. Accordingly, contractors are obliged to ensure that the equipment is safe and suitable for use in water operations. In addition, draft supplementary administrative rules require contractors to: (i) take measures to prevent workers from falling into the water when construction work is carried out on or adjacent to water; (ii) provide appropriate life-saving equipment, in particular life jackets and life buoys, if such measures are not effective in preventing the risk of drowning; and (iii) arrange for the presence of persons responsible for rescuing drowning victims. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Acton OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 23 of the Convention.

Article 27(b). Handling of explosives by a competent person. Further to its previous comment, the Committee notes the Government’s indication that the draft Act on OSH in the construction sector provides for an obligation for contractors regarding materials on construction sites and work locations, including explosives: (i) to conduct safety assessments of the working environment and processes; and (ii) to develop and adopt safety measures to protect the lives, physical integrity and health of workers and others. In addition, the draft supplementary administrative rules also contain a series of safety measures on the use of explosives for demolition, including: (i) the use of explosives for demolition requires the prior approval of the competent public authority; (ii) the demolition is to be carried out by a designated person with appropriate training and experience in the relevant field of work; (iii) the demolition is to be carried out by a designated civil engineer and led by a designated person; and (iv) the workforce and other persons should be in a safe place and appropriate signals should be given before demolition using explosives. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 27(b) of the Convention.

Article 28. Prevention of health hazards. Further to its previous comment, the Committee notes the Government’s indication that the provisions of the Convention were taken into consideration during the elaboration of the draft Act on OSH in the construction sector, such as the obligation of contractors to ensure that appropriate construction methods are used to avoid and reduce hazards, and to adopt protective measures, including collective protection measures and personal protective equipment, if hazards cannot be completely avoided. The specific requirements of the protective measures will be regulated by supplementary administrative rules, which intend to specify the types of personal protective equipment that must be used by workers when carrying out work exposed to physical, chemical, biological and electrical hazards. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 28 of the Convention.

Article 33(2). Training. Further to its previous comment, the Committee notes the Government’s indication on the implementation and impact of the System of Construction Occupational Safety Cards and other training provided to both workers and employers in the construction sector. Accordingly, during the reporting period, a total of 215,949 persons were trained, of whom 205,701 were issued with Construction Occupational Safety Cards. As of 31 May 2022, there were 132,999 holders of valid cards. Moreover, the Construction Safety Specific Training Scheme was launched in June 2018, in order to provide training courses on work-at-height, use of electricity, work in confined spaces, inspection and safe operation of lifting appliances, among others. Workers who have completed the above specific training and passed the examination are issued with a Construction Safety Specific Training Certificate. Since the launch of the Scheme, it has gained popularity in the industry with an increasing number of frontline practitioners enrolling in the relevant courses. From its launch in 2018 to 31 May 2022, a total of 6,272 workers have attended the courses, of which 5,767 have obtained the certificate. In addition, since 2005, the DSAL and the Centre for Continuing Education of the University of Macau have jointly organized the Certificate Course for Construction Safety Supervisors, which has been completed by 1,210 persons. Since 2014, the Certificate Course for Assistant Construction Safety Supervisors has been jointly organized with the Macau Construction Safety Association, which has been completed by 1,000 people. The Committee notes the information provided by the Government, which responds to its previous request.