Underground Work (Women) Convention, 1935 (No. 45) - China (Ratification: 1936)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 45 (underground work (women), 155 (OSH), 167 (OSH in construction) and 170 (chemicals) together.

A.General provisions

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

Articles 1 and 2of 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 Government’s reference to the Law on Work Safety, which applies to entities engaged in production and other business activities. The Committee once again requests the Government to provide further specific 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, such as government bodies, public entities and non-profit organizations, including with respect to the matters covered by: Article 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 to give effect to the Convention and consultation. Following its previous comments, the Committee notes the Government’s reference to the adoption of the 14th Five-Year National Plan for Occupational Safety (2021 – 2025), which identifies concrete actions in different areas, including the establishment of a network responsible for risk prevention and control, improvement of related laws and regulations, prevention and minimization of serious accidents, and strengthening capacity for emergency response and rescue, among others. The Government further indicates that at the drafting stage of the Plan, the Ministry of Emergency Management (MoEM), pursuant to its internal procedures, carries out field visits and desk research and organizes seminars and meetings to consult the public, relevant enterprises, employers’ associations, chambers of commerce, trade unions and experts, as well as other governmental departments if necessary. Relevant stakeholders and experts may also be invited to directly participate in the drafting. In addition, the National Plan for the Prevention and Control of Occupational Diseases (2021 – 2025) was developed and adopted by the Inter-Ministerial Joint Conference on Prevention and Control of Occupational Diseases, consisting of representatives from the National Health Commission, the MoEM, the Ministry of Human Resources and Social Development (MoHRSS), the Bureau of Medical Insurance and the All-China Federation of Trade Unions (ACFTU), among others. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national OSH policy, and to provide more detailed information on the consultations held with the organizations of workers and employers concerned in this respect, including the name of these participating organizations and the results of the consultation.

Article 9. System of inspection and provision of adequate penalties for violations. Following its previous comments, the Committee notes the Government’s indication that the function of the system of OSH inspections under the Ministry of Emergency Management remains the same as under the former State Administration of Work Safety. In addition, according to the Measures for the investigation and handling of major accidents, the Work Safety Committee of the State Council supervises the investigation of major accident and publishes relevant information once such accidents are confirmed. From June 2018 to June 2022, 39 major accidents were announced, with only 3 in the first half of 2022. The Government also refers to the 14th Five-Year National Plan for Occupational Safety, which provides for the reform of supervision mechanisms, including the coordination of the Commission for production safety under the State Council, the strengthened organization and capacity for supervision in mining sector, and the promotion of safe production in small and micro enterprises and rural areas. The Government further indicates that it envisages to establish a regular collaboration mechanism between administrative law enforcement and criminal justice regarding occupational safety. The Criminal Code was amended in 2020, to reinforce penalties for crimes related to violations of safety rules, and the elaboration of judicial interpretation is planned, in order to ensure its effective enforcement in practice. Moreover, the National Health Commission (NHC) is in charge of the supervision in the field of occupational health and it issued a series of polices and enforcement working rules. In 2020, special inspection activities were carried out targeting dust hazards, to prevent the occurrence of pneumoconiosis. In 2021 – 2022, the focus was put on unannounced inspection visits. The Committee requests the Government to provide further statistical information on the enforcement of relevant legislation by competent authorities, such as the planning of inspection activities, the number of inspection visits carried out, the number of contraventions detected and the penalties imposed, both regarding work safety by the MoEM and occupational health by the NHC.

Article 15(1). Necessary coordination between various authorities and bodies. Following its previous comments, the Committee notes that the MoEM is in charge of the comprehensive supervision and management of work safety, under which the Work Safety Enforcement and Industrial and Trade Safety Supervision Authority and the State Mining Safety Inspection Bureau are respectively responsible for industry, commerce and mining. The Department of Occupational Health under the NHC is responsible for the elaboration of relevant regulations and enforcement. In addition to the Work Safety Commission under State Council, the Government also refers to the Inter-Ministerial Joint Conference on Prevention and Control of Occupational Diseases as the cooperation mechanism in the field of occupational disease prevention. The Committee requests the Government to continue to provide information on the complementary measures taken with a view to ensuring the necessary coordination between various authorities and bodies, in conformity with Article 15(1) of the Convention.

B.Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 15 of the Convention. Information and training. The Committee notes the Government’s reference to the Opinions on comprehensively strengthening work safety related to dangerous chemicals, which stressed the importance of the qualifications for workers dealing with hazardous chemicals. The Committee also notes the Regulations on labour protection in places where toxic substances are used. Section 18 provides that employers shall inform the workers of the hazards and consequences of occupational poisoning that may arise in the course of their work, relevant protective measures and treatment and other relevant information. Such information must be clearly written down in the labour contract. If there are any subsequent changes involving exposure to toxic substances, the employer shall provide this information to workers concerned and revise the labour contract accordingly. Section 19 provides that employers shall provide trainings to workers before employment and periodically during employment, covering relevant laws and regulations, work methods and procedures, as well as instructions on correct usage of collective and individual protection equipment. According to section 23, the packing of toxic substances shall be in compliance with national standards, in particular with safety labels that are easy for workers to read and understand. Section 39 provides that workers have the right to obtain the relevant information and materials before starting work, including the nature and the hazardous components of toxic substances, prevention and protection measures, safety labels, signs and relevant materials, instruction manual for safe use, as well as any other information relevant to the safe use of toxic substances. The Committee takes note of the information of the Government, which addresses its previous request.

Application in practice. Following its previous comments, the Committee notes the Government’s indication that the decrease in the number of cases of chronic occupational poisoning previously reported from 2018 to 2019 was due to the strengthened occupational health supervision, enhanced protection measures in enterprises and improved production processes and technology, such as better isolation of duty stations exposed to harmful substances and substitution of low toxic or non-toxic substances. 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 (including cases of chronic occupational poisoning) reported as being caused by exposure to chemical substances.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Principles and Fundamental Rights at Work. The Committee draws the Government's attention to the possibility of requesting technical assistance from the Office for the purpose of bringing both the practice and the applicable legislation into conformity with the fundamental Conventions relating to OSH and to provide support for any consideration for ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

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

Articles 1(3) and 7 of the Convention. Self-employed persons. Following its previous comments, the Committee notes the Government’s indication that the Law on Work Safety also applies to self-employed persons. The Committee also notes that, as amended in 2021, section 4 of the Law on Work Safety specifies its application to new forms of employment, including those in the platform economy. Section 6 provides that the law applies to all persons performing work. The Committee notes the above information which addresses its previous request.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s response to its previous comment that the Ministry of Housing and Urban-Rural Development widely consulted stakeholders when developing normative documents in work safety, including concerned enterprises, employers’ associations, trade unions, experts and the public. In this regard, the Government refers to the adoption of the Guidelines for the workplan of construction projects with increased risk and multiple components, the Criteria determining major work safety hazards in building construction and municipal infrastructure works, and the List of outdated work process, equipment and materials endangering work safety in construction. 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 notes the information provided by the Government, in response to its previous request, on the adoption of a number of normative documents, in particular the Catalogue of Elimination of Obsolete Construction Processes, Equipment and Materials Endangering Production Safety in Housing Construction and Municipal Infrastructure Projects issued in 2021. The Government also refers to the Notice on Carrying out Production Safety Management of Housing and Municipal Projects (JZD [2022] No.19) issued by the Ministry of Housing and Urban-Rural Development in March 2022, which requires the improvement of preventive measures in construction sites by mobilizing human, material and technological resources and deploring more effective protective measures on the ground. Noting these indications, the Committee requests the Government to continue to provide 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

Article 15. Lifting appliances. Following its previous comments, the Committee notes the Government’s reference to the Guidelines for the workplan of construction projects with increased risk and multiple components, part 3 of which provides for the designing of work plans for the installation and demolition of lifting appliances, in order to ensure its safe use. The Committee requests the Government to continue to provide information on any 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 23. Work over water. Following its previous comments, the Committee notes the Technical Rule of Safety Protection in Construction Projects related to Transport by Water (JTS205-1-2008) approved by the Ministry of Transport. Section 4.3 provides for detailed safety requirements for temporary ports and work platforms over water, such as elements to be taken into consideration in design processes, measures to ensure stability, safety requirements of the working space, protection fence and ladders, safety signs and lifesaving equipment, communication tools, as well as trestles and diving boards. The Committee requests the Government to indicate if there are any technical rules applying to construction projects over water or in close proximity to water other than those related to water transport.

Article 32(2) and (3). Welfare of workers and provision of separate sanitary and washing facilities. The Committee notes the Government’s response to its previous comment regarding specific requirements on the number of toilets and their layout as provided for by section 3.2.3 of the Standard of Construction Safety Inspection (JGJ59-2011). The Government refers to the Technical Standards on Temporary Structures on Construction Sites (JGJ/T188-2009), which provides for specific requirements related to the provision of automatic flush or portable toilets on construction sites, the number of toilets, washbasins and showers, to be provided per number of workers, as well as for the provision of shower rooms with lockers or racks. The Committee notes the Government’s information which addresses its previous request.

Article 33. Information and training. The Committee notes the Government’s information regarding the provision of safety trainings to workers in practice, according to which, the Criteria determining major work safety hazards in building construction and municipal infrastructure works (2022 Edition) re-emphasizes the importance of safety training for construction personnel. It classifies cases where the main person in charge of the construction unit, the person in charge of the project, and the full-time production safety management personnel have not obtained the safety assessment certificate, and technicians in special categories have not obtained relevant permit or qualification to engage in relevant work as major accident hazards. The Ministry also initiates governance campaign to ensure that the training is provided as required. The Committee requests the Government to provide detailed information on the application of Article 33 of the Convention in practice in order to ensure safety training for workers, specifying methods used to verify the provision of trainings and as well as the measures taken in the context of the governance campaign undertaken on training.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates that there have been no revisions or amendments to relevant legislation during the reporting period, and that national law continues to prohibit the employment of any female in underground work. The Committee also notes the information indicating the measures taken to investigate and penalize any illegal labour activities involving female workers. The Committee welcomes the intention by the Government to carry out further studies on the feasibility of ratifying the Safety and Health in Mines Convention, 1995 (No. 176). The Committee recalls that, according to established practice, the Underground Work (Women) Convention, 1935 (No. 45), will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report which indicates that new Regulations on Labour Inspection have been promulgated by the State Council which came into force on 1 December 2004, that according to these regulations (Regulation No. 23) the employment of women in mine shafts is penalized, and that effect continues to be given to this Convention in the country.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the State parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on nigh work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant-nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

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

Further to its previous comments, the Committee has noted with satisfaction the adoption of the Regulation of 21 July 1988 relating to the working conditions of female employees and workers, section 5 of which prohibits their being assigned to underground work in mines.