Observation (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)

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) and 167 (OSH in construction) together.

A. General provisions

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

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. The Committee notes the information in the Government’s report, in response to the Committee’s previous request, regarding the multiple agencies responsible for statistics on work safety and that the Government has established a monthly statistical system to clarify the scope, content and reporting of occupational accidents. The Committee welcomes the adoption of an annual statistics system for the coal mining industry as a result of the high incidence of pneumoconiosis in that sector. The Committee notes that the Government indicates that 26,393 cases of occupational disease were reported in 2013, among which 23,152 cases were pneumoconiosis. The Committee requests information on the concrete measures taken as a result of the statistical information collected with respect to the prevention of occupational accidents and cases of occupational disease, including specific measures taken with respect to pneumoconiosis. It also requests the Government to continue to provide information on the production of annual statistics on occupational accidents and diseases, and to continue to provide statistical information in this regard, including with respect to the number of cases of pneumoconiosis reported. It requests the Government to provide further information on the annual publication of this information, in accordance with Article 11(e) of the Convention.

B. Protection in specific branches of activity

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

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) concerning the safety and health issues resulting from subcontracting in the construction industry, and it requested information on the implementation of this Article of the Convention in practice. In this respect, the Committee notes the Government’s reference in its report to section 24 of the Administrative Regulations on Work Safety in Construction Projects which states that the main contractor shall be responsible for the overall occupational safety in the construction site. When the main contractor subcontracts a construction project to any other entity, it shall, in accordance with the law, explicitly stipulate their respective rights and obligations regarding work safety. The main contractor and the subcontractor shall bear joint and several liability with regard to the safety of the subcontracted project and shall share duties and responsibilities. The Committee also notes that the Government identifies certain contributing factors to the high accident rate in the construction sector, including the inadequacy of enterprise ownership, accountability and responsibility. The Committee requests the Government to provide information on the application and enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected, and penalties applied for non-compliance. It also requests further information on how the main contractor ensures compliance with OSH measures and its implementation with respect to construction sites with several tiers of subcontracting.

Article 18(1). Work at heights including roof work. The Committee previously noted the observations of the ITUC indicating that workers often did not wear safety harnesses when working at heights so that they could work faster to finish construction projects. In this regard, the Committee notes the Government’s indication, in reply to its previous request, that pursuant to section 3.0(5) of the Technical Code for Safety of Work at Heights in Construction, workers shall be equipped with, and properly wear and use, protective appliances and clothing. The Committee further notes the information available on the website of the Ministry of Emergency Management concerning the high number of accidents in the construction sector, which identifies falls from heights as one of the major causes of occupational accidents in the sector. The Committee urges the Government to take steps to enforce safety measures for work at heights and to promote the use of safety equipment at construction sites. It requests the Government to provide information on measures taken to enforce section 3.0(5) of the Technical Code for Safety of Work at Heights in Construction in practice. The Committee also requests the Government to provide information on the number of occupational accidents reported (and their outcome) due to falls from heights.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee notes the Government’s indication, in response to its previous request, that the Ministry of Housing and Urban-Rural Development has strengthened safety supervision and compels construction enterprises and sites to improve their work safety management. The Government also indicates that it has taken a number of measures to promote the application of the Convention including: carrying out national inspections of work safety in construction; prioritizing the inspection of cities, enterprises and projects with high accident rates; and undertaking research work on safety supervision. The Government further indicates that measures will be taken to address the various problems in construction safety, in particular: to enhance safety supervision and inspection; and to strengthen the investigation of accidents and the resulting penalties. The Committee notes that according to the Government, 522 occupational accidents and 648 fatalities occurred in the national municipal housing projects in 2014. According to the Government, the reasons behind these accidents include the non-standardization of the construction market; the inadequacy of enterprise ownership, accountability and responsibility; the lack of thoroughness in the elimination of hidden workplace hazards; and the inadequacy of investigations and penalties following occupational accidents. In addition, the Committee notes the information available on the website of the Ministry of Emergency Management that in 2018, the construction industry was, for the ninth consecutive year, the sector with the largest number of occupational accidents. It notes with concern that there was a 4.3 per cent increase in the number of accidents in construction between 2017 and 2018. The Committee urges the Government to strengthen its efforts to ensure the application of the Convention in practice, and to provide information on the concrete steps taken to address the safety issues identified in the construction sector. It also urges the Government to continue to take the necessary measures to ensure the provision of appropriate inspection services in the sector and penalties and to provide detailed information on any developments in this regard. The Committee further requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of the contraventions reported and the measures taken to address them, and the number, nature and cause of occupational accidents and cases of occupational diseases reported.

The Committee is raising other matters in a request addressed directly to the Government.

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