Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee notes with interest the information supplied in the Government's report concerning the application of Article 4, paragraph 2, and Article 5, paragraph 4, of the Convention, and requests further information on the following points.

Article 1, paragraph 3. The Committee notes the information concerning the reasons for excluding agriculture, animal husbandry, forestry, fishery and marine transport from the application of the Convention and that such exclusions were made after consultation of the representative organisations of employers and workers concerned. The Committee requests the Government to keep providing information on the law and practice in respect of these branches of economic activity as well as any changes concerning the extent to which effect is proposed to be given to the Convention in this respect.

Article 7, paragraph 2, and Article 13. The Committee notes the information supplied in the Government's report concerning the right of workers' representatives to express their views before the Labour Advisory Board and to lodge complaints with the Factory Inspectorate Division of the Labour Department. It requests the Government to indicate if any procedures are available to workers by which they can appeal to a higher body for reconsideration of the decisions or determinations made by the Labour Advisory Board or Factory Inspectorate. Furthermore, the Committee notes the information supplied by the Government concerning the training courses and other forms of instruction and information made available to the workers. It requests the Government to indicate whether information concerning the hazards present in the working environment due to air pollution and instructions on measures for prevention and control of these hazards are provided to workers prior to their assignment to workplaces where there is a risk of exposure to air pollution.

Article 8, paragraphs 1 and 2. The Committee notes the information supplied in the Government's report concerning the administrative use of the United Kingdom Guidance Note Environmental Hygiene EH-40 and of the United States Threshold Limit Values (TLV) of the American Conference of Governmental Industrial Hygienists, Permissible Exposure Limits of Occupational Safety and Health Administration and the recommendations of the National Institute of Occupational Safety and Health. The Committee requests the Government to indicate the measures taken to ensure that employers are made aware of these exposure limits and the manner in which they are made responsible for not exceeding them.

The Government has stated, in its report, that these exposure limits are regularly reviewed and that codes of practice are drafted or revised in consultation with the Occupational Safety and Health Council and the Labour Advisory Board, with the full representation of employers and workers. The Government is requested to indicate whether the emloyers' and workers' organisations concerned are also enabled to designate a technically competent person whose opinion will be taken into account in the elaboration of the criteria and the determination of the exposure limits.

Article 10. The Committee notes the information supplied in the Government's report concerning the provision of protective equipment for work in confined spaces and on construction sites. It requests the Government to indicate the measures taken to ensure that workers in any working environment where the exposure to air pollution exceeds the United Kingdom and United States TLV, referred to by the Government in response to Article 8, are provided with suitable personal protective equipment. Furthermore, it requests the Government to indicate the measures taken to ensure that employers cannot require workers to work in such situations without this personal protective equipment.

Point IV of the report form. The Government is requested to provide additional information enabling a general appreciation of the manner in which the Convention is applied. In particular, the Government is requested to provide extracts from the reports of inspection services and statistics, if available, on the number of workers covered by the relevant legislation and other measures and the number and nature of contraventions reported.