Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), communicated with the Government’s reports on the application of these Conventions.

General provisions

Articles 1, 2 and 3 of the Convention. Scope of application of the Convention. The Committee previously requested the Government to indicate the manner in which the Convention is applied to workers that are not covered by the Law on Work Safety, namely, government bodies, public entities and non-profit organizations. In this regard, the Committee notes the indication in the Government’s report that laws on OSH which cover government bodies, public institutions and non-profit organizations include the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases, the Regulation on Work-Related Injury Insurance and the Special Rules on the Labour Protection of Female Employees. Taking due note of the information provided, the Committee requests the Government to provide further information on the manner in which it ensures, in law or in practice, the application of the protection granted by the Convention to workers engaged in workplaces that are not covered by the Law on Work Safety, including with respect to the matters covered by: Articles 9 (inspection and enforcement); 13 (protection of workers who have removed themselves from which they have reasonable justification to believe presents an imminent and serious danger to their life); 17 (two or more undertakings at the same workplace); 18 (measures to deal with accidents, including first aid); 19(a) (workers’ cooperation); 19(f) (reporting and returning to a work situation where there is continuing imminent and serious danger to the worker’s life); and 20 (cooperation between management and workers and/or their representatives) of the Convention.

Articles 4 and 8. National policy and laws to give effect to the Convention. In response to its previous request on measures taken to periodically review the national policy and the tripartite consultations held in this respect, the Committee notes the indication of the Government that the Work Safety Commission of the State Council meets annually to analyse and issue policies on OSH. The Government states that, in the formulation and revision of national policies, the relevant departments and authorities solicit opinions, including those of enterprises and the public. It further notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of laws and regulations related to OSH. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national policy, and to provide more specific information on 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. Following its previous comments, the Committee notes the Government’s statement that the safety supervision departments and the coal mine safety supervision agencies have strengthened their supervision since 2015. According to the Government, the safety supervision departments and coal mine safety supervision agencies at various levels supervised 8.619 million production and business units between 2015 and 2018, ordered 26,000 suspensions of production or business for rectification, imposed 597,000 administrative penalties as well as 376,000 economic penalties and fines amounting to ¥11.82 billion, and investigated 24,419 production safety accidents. In addition, the Committee notes the indication of the Government that, following an institutional reform in 2018, the Ministry of Emergency Management (MEM) was established, integrating responsibilities from 11 departments, including the former State Administration of Work Safety. The Government states that MEM is in charge of the supervision and management of work safety in industrial, mining and commercial industries. The Committee requests the Government to provide information regarding the functioning of the system of OSH inspection following the establishment of MEM. The Committee also requests the Government to continue to provide information on the enforcement of penalties for violations detected, including the number of contraventions detected by inspectors in the field of OSH and the sanctions imposed.

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery or equipment. Following its previous comments on measures taken to give effect to Article 12(b) with respect to machinery or equipment, the Committee notes the information provided by the Government, including its indication that, pursuant to section 30 of the Law on Work Safety, special equipment with increased and potentially life-threatening risks, as well as containers and transport vehicles for dangerous articles, shall only be put to use after the issuance of safe use certificates and safety tags. The Committee also notes section 12 of the Regulations on Safety Supervision and Administration of Agricultural Machinery, which provides that agricultural machinery may be sold only after passing an inspection and if it is accompanied by detailed safe operating instructions and safety warning signs.

Article 15(1). Necessary coordination between various authorities and bodies. The Committee notes that, while the Government states that MEM is responsible for the comprehensive supervision and management of OSH in industrial, mining and commercial industries, the functions of MEM are not limited to OSH and instead cover overall emergency planning at the national level. In addition, the Committee notes the Government’s indication that certain of the former State Administration of Work Safety’s responsibilities for the supervision and management of OSH have also been taken over by the National Health Commission, which is in charge of drafting and implementing policies and standards related to OSH, monitoring certain occupational diseases, as well coordinating the prevention and control of occupational diseases, among other functions. The Committee requests the Government to provide further information on the functions of MEM in the field of OSH. The Committee also requests the Government to provide information regarding the arrangements in place to ensure the necessary co-ordination between MEM and other bodies called upon to give effect to the Convention, including the National Health Commission, in accordance with Article 15(1) of the Convention.

Protection against specific risks

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee previously noted the Government’s statement 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 the Safety of Hazardous Chemicals, and requested information on any further measures taken in the application of Article 5. The Committee notes the statement in the Government’s report that each region is encouraged, pursuant to section 17 of the Comprehensive Scheme for the Administration of Hazardous Chemicals, to formulate a catalogue of prohibited, restricted and controlled hazardous chemicals, and that Shanghai, Shenzhen and other cities have already issued such a catalogue in their respective regions. The Committee requests the Government to continue to provide information on any developments in this regard.

Article 15. Information and training. In the absence of additional information in response to its previous comments, the Committee once again 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. The Committee further requests the Government to provide information on the monitoring and enforcement of the standards in this respect.

Application in practice. In response to its previous comments, the Committee notes the statistics provided by the Government, including on the 363 cases of acute occupational poisoning and 970 cases of chronic occupational poisoning reported nationwide in 2018. The Committee requests the Government to continue to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed, and occupational accidents and cases of occupational diseases reported as being caused by exposure to chemical substances.

Protection in specific branches of activity

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in response to the Committee’s previous request, that the national legislation provides that self employed persons have a duty to comply with the relevant regulations and have rights related to work safety. In this respect, the Government refers to section 6 of the Law on Work Safety, which states that employees of production and business units shall have the right to occupational safety, and shall discharge their occupational safety duties, in accordance with the law. The Government indicates that this section covers, among others, temporary workers and dispatched workers. The Committee recalls that, pursuant to Article 1(3) of the Convention, the Convention applies to such self-employed persons as may be specified by national laws or regulations. The Committee requests the Government to provide further information on any legislation or regulations that have been adopted related to the application of safety and health measures to self-employed persons.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s statement, in response to the Committee’s previous request concerning consultations, that trade union organizations are extensively and actively involved in safety management of the construction industry, mostly at the provincial, local and sectoral levels. The Committee also notes the information provided by the Government concerning consultation at the level of the construction enterprises. With reference to its comments on Convention No. 155, the Committee notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of OSH laws and regulations and that it attaches great importance to the occupational safety and health of all workers, including 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 specific information on the outcome of these consultations.

Articles 13 and 28. Safety at the workplace and health hazards. The Committee previously noted that section 32 of the Administrative Regulations on Work Safety in Construction Projects provides that employers are required to provide workers with protective equipment and clothing as well as information on operating standards and procedures.

The Committee notes the information provided by the Government, in response to its previous request, on the adoption of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) which provides, in section 3.1.2, that safety education and training shall be conducted when new technologies, new processes, new equipment and new materials are introduced in construction. The Committee also notes the Government’s indication that, in 2018, 983 cases of occupational diseases were reported in the construction sector and the main diseases reported were occupational pneumoconiosis, occupational poisoning and hearing impairment. With reference to its comments on Conventions Nos 155 and 170 above, the Committee requests the Government to provide further information on the steps taken to ensure that appropriate preventive measures are taken against exposure in construction to any chemical, physical or biological hazards, in accordance with Article 28 of the Convention. The Committee requests the Government to provide further information on the implementation of section 32 of the Administrative Regulations on Work Safety in Construction Projects in practice, with respect to the provision of personal protective equipment.

Article 15. Lifting appliances. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the Regulations on Safety Supervision and Management of Construction Hoisting Machinery (Order No. 166) regulate the use of major lifting appliances at construction sites. The Committee also notes the adoption of Standards for Safety Inspection of Municipal Engineering Construction (2018), Chapter 8 of which contains requirements related to the inspection of mobile cranes and construction hoists. It further notes the information provided concerning the qualification certificates required for hoisting machinery operators, in accordance with the Safety Handbook for Construction Site Workers of Engineering Projects (2016) and the Regulation on the Evaluation Management of Safety Technical Training of Special Operation Personnel (Order No. 30 of the State Administration of Work Safety). The Committee further notes the Government’s indication that hoisting accidents accounted for 7.5 per cent of all fatal occupational accidents in the construction sector in 2018 (55 fatal occupational accidents). The Committee requests the Government to continue to provide information on the measures taken to ensure the safe installation and use of lifting appliances and items of lifting gear in practice, in accordance with Article 15 of the Convention.

Article 21. Work in compressed air. The Committee notes the information provided by the Government, in response to its previous request on the implementation of Article 21 of the Convention concerning work in compressed air, on the Code for construction of open caissons and pneumatic caissons (GB/T51130) which contains safety specifications for the construction of caissons, including the required design, planning and monitoring measures.

Article 23. Work over water. The Committee notes the information provided by the Government, in response to the Committee’s request concerning the implementation of Article 23, regarding the Code for Construction of Water and Sewer Pipeline Works (GB 50141-2008). It requests the Government to provide further information on the measures taken or envisaged to give effect to Article 23 related to construction work done over or in close proximity to water.

Article 32(2) and (3). Welfare of workers and provision of separate sanitary and washing facilities. The Committee previously requested information on the standards established for sanitary and washing facilities at construction sites.

The Committee notes the Government’s reference to section 3.2.3 of the Standard of Construction Safety Inspection (JGJ59-2011), which provides that the number of toilets and their layout shall conform to specified requirements, that the toilets shall meet the established sanitary requirements, and that shower rooms shall be sufficient to meet the needs of workers on construction sites (paragraph 3). The Committee requests the Government to provide further information on the standards established for sanitary and washing facilities at construction sites, including the requirements referred to in paragraph 3 of section 3.2.3 of the Standard of Construction Safety Inspection. It also requests the Government to provide information on the measures taken or envisaged to ensure that men and women workers are provided with separate sanitary and washing facilities.

Article 33. Information and training. The Committee previously noted that construction workers are entitled, under national law, to receive safety training on safe operations and protection measures, and it requested information on the provision of such training in practice.

The Committee notes the Government’s indication, in reply to the Committee’s request, on the requirements for construction enterprises to implement a training system composed of 32 hours of training for new workers as well as at least 20 hours of retraining every year, in accordance with the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training (No. 13 of 2013). The Decision provides that workers who have not received the training or who fail to pass the qualification tests after receiving such training may not be assigned to posts. It also notes that section 3.1.2 of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) requires safety education when new technologies, new processes, new equipment and new materials are introduced and provides that project managers, occupational safety managers and workers shall receive safety education and training every year. The Committee requests the Government to provide detailed information on the application of Article 33 of the Convention in practice, including the manner in which it monitors the application of the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training in practice in the construction sector.

Article 34. Reporting of accidents and diseases. The Committee notes the Government’s indication, in response to the Committee’s previous request on measures to ensure the reporting of occupational accidents and diseases in the construction industry to the competent authority, that since 2015 the occupational health supervision and management department has increased law enforcement with respect to construction units. The Government indicates that the number of construction units penalised under the law has increased. The Committee also notes the statistics provided in the Government’s report on the number of accidents in the construction sector, disaggregated by cause of accident, as well as the number of occupational diseases in the sector. In this respect, the Committee refers to its comments under Article 11(c) and (e) of Convention No. 155.