Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

China

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2007)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2002)
Chemicals Convention, 1990 (No. 170) (Ratification: 1995)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 167 (OSH in construction) and 170 (chemicals) together.

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

The Committee notes the information provided by the Government in its report regarding the effect given to Articles 15, 19(d) and (f) of the Convention.

Articles 1, 2 and 3 of the Convention. Scope of application of the Convention. The Committee previously requested the Government to provide information on the manner in which those workers in entities not covered by the Law on Work Safety, 2002, namely government bodies, public entities and not for profit organizations, are covered by the protection of the Convention. In this respect, it notes the Government’s statement that the Law on Work Safety, 2002, is applicable to all entities engaging in production and business activities. Recalling that the Government did not exclude any branches of economic activity or categories of workers from the application of the Convention, the Committee reiterates its requests for the Government to indicate the manner in which it ensures the application of the protection of the Convention to workers engaged in workplaces not covered by the Law on Work Safety.

Articles 4 and 8. National policy and laws to give effect to the Convention. The Committee notes with interest the amendments adopted in 2014 to the Law on Work Safety, 2002, which include establishing the principle of prevention as one of the Law’s basic principles and specifying that the concept of occupational safety requires a preventative focus. The amendments also included further provisions on accident prevention and emergency rescue, including requirements related to the undertaking of risk assessments and the application of penalties in cases of non-compliance. It further notes the information provided by the Government on the measures taken to strengthen the coherence of its national policy, including coordination among various departments at the provincial and national levels. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national policy, and the consultations held with the organizations of workers and employers concerned in this respect.

Article 9. System of inspection and provision of adequate penalties for violations. The Committee takes due note of the Government’s indication that the 2014 amendments to the Law on Work Safety, 2002, strengthened the applicable penalties in the Law and included measures aimed at improving its enforcement (including at the local level). It also notes the information provided by the Government, in response to its previous request, that from 2012 to 2014, safety supervision and administration departments at various levels and safety supervision organizations in the coal mining industry undertook 13,348,000 inspection visits to business and production entities. The Government further indicates that between 2012 and 2014, the State Administration of Work Safety (SAWS) inspected 630,000 enterprises, identified 1.26 million items of violations or hazards, among which 57,000 items were ordered for immediate rectification, 690,000 items were ordered to be rectified within a prescribed time, 4,500 enterprises were proposed for closure, 5,000 enterprises were ordered to stop production, and 133 million Chinese yuan in fines was applied. The Committee further notes that the Decent Work Country Programme for China 2016–20 includes preparation for the ratification of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to provide information on the measures taken to strengthen the system of inspection, and to ensure the provision of adequate penalties for violations detected. It requests the Government to continue to provide statistical information in this respect.

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery or equipment. The Committee notes the information provided by the Government, in reply to its previous request, on measures requiring that business entities using any new technology, materials or equipment provide their employees with special education and training on work safety (pursuant to section 26 of the Law on Work Safety). The Committee recalls in this respect that Article 12 refers not only to the obligations of entities using machinery and equipment, but also those engaged in its design, manufacture, import, provision or transfer. The Committee once again requests the Government to indicate the measures taken to ensure that those who design, manufacture, import, provide or transfer machinery or equipment make available information concerning the correct installation and use of machinery and equipment, and information on the hazards of machinery and equipment as well as instructions on how known hazards are to be avoided.

Chemicals Convention, 1990 (No. 170)

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. In its previous comment, the Committee noted the Government’s intention to introduce a licensing system for the safe use of hazardous chemicals, which would require producers or users of such substances to obtain safety licences. In this regard, the Committee notes the Government’s statement that a list to prohibit or restrict the use of hazardous chemicals has not yet been established but that a system to establish the prohibition or restriction of the use of certain hazardous chemicals is provided for under the Regulations on the Control over Safety of Hazardous Chemicals. The Committee requests the Government to provide information on any further measures taken by the competent authority to prohibit or restrict the use of certain hazardous chemicals, or to require advance notification and authorization before such chemicals are used, including the development of a licensing system.

Article 6. Classification systems. The Committee notes the information provided by the Government, in response to the Committee’s previous request on the progressive extension of its classification system, that all chemicals are classified by the Chemical Registration Centre. It notes with interest that the Catalogue of Hazardous Chemicals released in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), came into force in May 2015.

Article 15. Information and training. The Committee notes the Government’s statement, in reply to its previous request, on the importance of training for new staff on the risks and basic means of protection in the workplace. The Government refers in this regard to the Standard on Warning Signs for Occupational Hazards in Workplaces (GBZ 158-2003) and the Requirements on the Compilation and Use of Warning Signs in Chemical Workplaces (AQ 3047 2013). The Government indicates that enforcement officers supervise the implementation of requirements related to the use of warning signs, chemical safety technical specifications and safety labels, as well as OSH training records in the workplaces to ensure staff training. The Committee requests the Government to provide information on the measures taken to ensure that workers are provided training on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work, including with respect to the transport of chemicals. In this respect, it requests the Government to provide further detailed information on the monitoring and enforcement of the standards established in this respect.

Application in practice. The Committee requests the Government to provide detailed information on the manner in which the application of the national legislation giving effect to the Convention is monitored and enforced, including the number and nature of the violations reported, the number and nature of penalties imposed and the number and nature of the occupational accidents and cases of occupational disease reported as being caused by exposure to chemical substances, including with respect to the transport of chemical substances.

Safety and health in construction (Convention No. 167)

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s indication in its report that self-employed workers in construction must abide with the laws and regulations on safety in construction and that they are entitled to the same rights as other workers. The Committee requests the Government to provide information on any legislative and regulatory instruments that have been adopted in this regard.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that in January 2015, the Ministry of Social Security and Human Resources, the Ministry of Housing and Urban–Rural Development, the SAWS and the All-China Federation of Trade Unions issued joint opinions on the construction industry’s industrial injury insurance, with a view to improving the functioning of occupational injury insurance schemes and protecting the rights and interests of construction workers. The Committee requests the Government to continue to provide information on the consultations held with the most representative organizations of employers and workers regarding the measures to be taken to give effect to the Convention, as well as information on the outcome of these consultations.

Article 4. Maintenance in force of laws or regulations ensuring the application of the provisions of the Convention. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the Ministry of Housing and Urban–Rural Development has issued a number of regulations, including: Specification for the Safe Construction of Hydraulic Sliding Formwork (JGJ65-2013); Unified Standards on Construction Safety Technology (GB50870-2013); Standards on Safety Construction Technology of Deep Foundation Pits (JGJ311-2013); and the Regulations on Work Safety Management of Persons-in-charge, Project Leaders and Full-time Management Personnel Responsible for Work Safety at a Construction Enterprise (Order No. 17 of 2014).

Articles 13 and 28. Safety at the workplace and health hazards. The Committee previously requested the Government to respond to the observations of the ITUC concerning the lack of overall safety, and the health hazards at workplaces in the construction industry.

The Committee notes the Government’s reference, in reply the Committee’s request, to section 22 of the Administrative Regulations on Work Safety in Construction Projects, which provides that employers must use the funds allocated for work safety to purchase and renovate construction safety appliances and facilities, to carry out construction safety measures and to improve work safety conditions. It also notes that pursuant to section 32, the employer is required to provide workers with protective equipment and clothing and to provide them with information on operating standards and procedures. Recalling the concerns raised by the ITUC with regard to the use of hazardous materials and the lack of personal protective equipment, the Committee once again requests the Government to provide detailed information on the measures taken to address overall safety and the health hazards in the construction industry, including measures taken with respect to the enforcement of sections 22 and 32 of the Administrative Regulations on Work Safety in Construction Projects. In this respect, it requests the Government to provide information on the application of Articles 13 and 28 in practice, including the the number of violations detected of relevant legislative provisions and the number and nature of penalties imposed.

Article 15. Lifting appliances. The Committee requests the Government to provide information on how it is ensured in practice that every lifting appliance is: of good design and construction, sound material and adequate strength for the purpose for which they are used; are properly installed and used; are maintained in good working order; are examined and tested by a competent person; and are operated by workers who have received appropriate training in accordance with national laws and regulations, in conformity with Article 15 of the Convention.

Articles 21 and 23. Work in compressed air and work over water. With reference to its previous comments, the Committee notes with concern the Government’s indication that no laws or regulations have been formulated to ensure the application of Articles 21 and 23 of the Convention. The Committee requests the Government to take the necessary measures in the very near future to ensure that effect is given, in law and in practice, to Articles 21 (work in compressed air) and 23 (work over water) of the Convention, and requests it to provide information on any developments in this regard.

Article 27. Explosives. With reference to its previous comments, the Committee notes the Government’s reference to section 4.3 of the Technical Regulations for safety during the operation of construction demolition (JGJ147 2004), which prescribes the requirements concerning the use of blasting for the purpose of demolition. Section 4.3.2 of the Technical Regulations provide that personnel engaged in blasting demolition projects shall have a blaster’s licence. It takes note of this information.

Article 32. Welfare of workers and provision of separate sanitary and washing facilities. The Committee previously noted the observations of the ITUC relating to poor sanitary and washing facilities at temporary accommodations near construction sites indicating that these construction sites do not have separate sanitary and washing facilities for male and female workers. The Committee notes the Government’s indication in response that pursuant section 29 of the Administrative Regulations on Work Safety in Construction Projects provides that drinking water and rest places for workers on construction sites shall comply with health requirements. The Government states that in accordance with existing requirements, employers provide workers with separate sanitary and washing facilities which comply with sanitary standards. Noting that section 29 of the Administrative Regulations on the Work Safety in Construction Projects does not refer specifically to sanitary or washing facilities, the Committee requests the Government to provide information on the existing standards established for sanitary and washing facilities at construction sites, including any requirements requiring that men and women workers are provided with separate sanitary and washing facilities.

Article 33. Information and training. The Committee previously noted the observations of the ITUC that while construction workers are entitled under national law to receive safety training on safe operations and protection measures, in reality, more than 95 per cent of migrant workers on construction sites lacked on-the-job training. It requested the Government to respond to these observations and to provide information on the application of Article 33 in practice. The Committee notes the Government’s reference, in response, to section 36 of the Work Safety Regulations according to which the employer must provide work safety education and training to management and workers at least once a year and that the workers who fail the relevant examination shall not take their posts. However, the Committee notes an absence of information on the observations made by the ITUC in 2010 with regard to the lack of training of migrant workers, and on the application of the legislative requirements in practice. The Committee therefore requests the Government to provide detailed information on the application of Article 33 of the Convention in practice, including with respect to ensuring that migrant workers engaged on construction sites are adequately and suitably instructed and trained in the measures available for the prevention and control of, and protection against, potential safety and health hazards to which they may be exposed at their workplace.

Article 34. Reporting of accidents and diseases. With reference to its previous comments, the Committee notes the Government’s indication that pursuant to section 4 of the Regulations on Reporting, Investigating and Penalty of Work Safety Accidents in Municipal Housing Projects (Construction Qualification No. 4 of 2013), reports on accidents which occur in municipal housing projects must be: timely; accurately identify the causes of the accident; and pursue liabilities of the individual responsible for the accident. However, the Committee notes an absence of information on the reporting of occupational diseases or on the reporting of accidents in construction projects other than municipal housing projects. With reference to its comments above concerning Articles 11(c) and (e) of Convention No. 155, the Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that occupational accidents and diseases in all parts of the construction industry are reported to the competent authority.

[The Government is asked to reply in full to the present comments in 2019.]