Chemicals Convention, 1990 (No. 170) - China (Ratification: 1995)

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 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information on the application of Conventions Nos 155, 167 and 170 provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of those Conventions on the basis of the supplementary information received from the Government this year (see below under legislative developments, Articles 13 and 28 of Convention No. 167, and Article 5 and application in practice of Convention No. 170), as well as on the basis of the information at its disposal in 2019.

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.

Legislative developments. The Committee takes note of the information in the Government’s supplementary reports regarding the laws, regulations and policy documents adopted since 2019, relating to the application of the ratified OSH Conventions. The Committee requests the Government to continue providing information on developments in this respect.

General provisions

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

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: 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 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

Chemicals Convention, 1990 (No. 170)

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 of the Convention. 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 Government also indicates in its supplementary report that on 30 May 2020, the Catalogue of Specially Controlled Hazardous Chemicals (First Edition) was issued and implemented by the MEM, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Ministry of Transport.

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 also notes the Government’s indication in its supplementary report, that 295 cases of acute occupational poisoning and 483 cases of chronic occupational poisoning were reported nationwide in 2019. 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. Noting the significant decrease in the number of cases of chronic occupational poisoning reported between 2018 and 2019, the Committee requests the Government to provide information on the reasons for this decrease.

Protection in specific branches of activity

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

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. In addition, the Committee notes the Government’s reference, in its supplementary report, to prevention measures taken for the safe resumption of construction work in the COVID-19 context. 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.

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

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.

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

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.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee welcomes the information provided by the Government regarding the adoption of new legislation during the reporting period, and in particular notes the amendments to the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases (State Council Decree No. 612), which came into force on 31 December 2011; the Regulation on Safety Management of Hazardous Chemicals (State Council Decree No. 591); the Regulation on Registration of Hazardous Chemicals (State Administration of Work Safety (SAWS) Decree No. 53); the Provisional Rules on Supervising and Regulating Major Risk Sources of Hazardous Chemicals (State Administration of Work Safety (SAWS) Decree No. 40); and the Twelfth Five-Year Plan Concerning Safety in Production of Hazardous Chemicals (2011–15). In addition, the Committee notes the information provided demonstrating effect given to Article 8 of the Convention. The Committee asks the Government to continue to provide information on any relevant legislative developments concerning the application of the Convention.

Article 5. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the response provided by the Government regarding section 5 of the new Regulations on Safety Management of Hazardous Chemicals, which puts forward the idea of applying a regime for the prohibition, and restriction for use, of hazardous chemicals, and that studies are under way to prepare supporting rules in this regard. The Government also indicates its 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 licenses. The Committee notes with interest the formulation of the List of First Batch Hazardous Chemicals subject to Prohibition, Restriction and Control in Shanghai (for trial implementation), covering 468 hazardous chemicals, of which 139 have been banned from production, storage, operation, transport and use in Shanghai, 170 banned from the central urban district, and 159 of which are subject to restriction and control. The Government indicates that the trial basis of this List expires on 30 June 2013. The Committee asks the Government to continue to provide information on the prohibition or restriction concerning the use of certain hazardous chemicals, and to indicate the outcome of the trial List in Shanghai.

Article 6. Classification systems. The Committee notes that SAWS is leading the compilation of the new edition of the Catalogue of Hazardous Chemicals; that a new Classification and Code of Dangerous Goods (GB6944-2012) has been approved; and that the serial standards of the Safety Code for Classification, Precautionary Labelling and Precautionary Statement of Chemicals (GB20576~20599, GB20601~20602-2006) is currently being revised. The Government also indicates that the relevant academic agencies and research bodies are in the process of studying methodologies for the risk assessment of chemicals of unclear or unknown hazardous properties. The Committee asks the Government to continue to provide information on the progressive extension of the classification systems and their application, as required under Article 6.

Article 15. Information and training. The Committee notes the response provided by the Government on the requirement to display information cards in relation to occupational hazards at workplaces where workers are exposed to hazardous substances. The Government also indicates that there is a requirement to make available chemical safety data sheets at workplaces where chemicals are used. The Committee asks the Government to provide further information on the monitoring and enforcement of the requirement that employers inform workers of the hazards associated with exposure to chemicals used at the workplace, and train the workers on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work.

Part V of the report form. Application of the Convention in practice. The Government indicates its intention to conduct an assessment on the application of this Convention in the country since its ratification. The Committee asks the Government to keep the Office informed of the outcome of any assessment on the application of the Convention in the country, and in particular to indicate any data available on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported, with specific reference to the use of chemicals.

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

Further to its observation, the Committee notes the references by the Government in its latest report to relevant national policies, laws and regulations promulgated since 2005, including the Implementing Methods on Safety Licensing for Construction of Hazardous Chemical Projects (SAWS Decree No. 8) and the 11th Five-Year Plan for Production Safety. The Government also indicates that the Regulations on Safety Management of Hazardous Chemicals (2002 Edition) is undergoing amendment and that a revised version of these was made available for public comment in early 2008 and is expected to be completed by 2011 at the latest. The Committee further notes the responses by the Government to its previous comments, which appear to show effect given to Articles 7 and 14 of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken concerning the Convention.

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the response by the Government which again states that there is no complete and harmonized list of prohibited or restricted chemicals and that the relevant departments will be consulted in order to prepare such a list. The Government further indicates that the amendment to the Regulations on Safety Management of Hazardous Chemicals, which was released for public comment in 2008, explicitly suggests that a regime of prohibition and restriction shall be applied to the use of hazardous chemicals, and that to achieve this, studies and preparations are underway to draft supporting rules and measures. The Committee also notes the information that studies are being carried out on the measures needed to develop a licensing system for the safe use of hazardous chemicals, which will require chemical enterprises that use such substances for production with quantities up to certain thresholds to obtain a license for the safe use of hazardous chemicals. The Committee asks the Government to continue to provide information on the progress made on the prohibition and restriction of the use of certain hazardous chemicals, or the requiring of advance notification and authorization before such chemicals are used.

Article 6. Classification systems. The Committee notes the Government’s response, which indicates that the former Classification and Marking of Commonly-Used Hazardous Chemicals (GB13690-92) has been abolished and replaced by the General Code on Classification of Chemicals and Demonstration of Hazards (GB13690-2009), which is based on the 2007 Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Government also indicates that the former Classification of Dangerous Goods and Codification of Nomenclatures (GB6944-84) has been replaced by a new standard of the same title (GB6944-2005), which is based on the thirteenth Edition of the Model Regulations on Transport of Dangerous Goods, and at the same time, in light of the GHS classification, China has issued a series of Safety Standards for Classification, Labelling and Marking of Chemicals (GB20576～20599, GB20601～20602-2009), which involve 26 types of hazards, except for the hazard of inhalation. The Committee also notes that the formulation of the classification system of chemicals is still ongoing. The Committee asks the Government to continue to provide information on the formulation of classification systems, and to indicate how these systems are progressively extended, with reference to Article 6(4).

Article 8. Chemical safety data sheets. The Committee notes the response by the Government indicating that the former Regulation on Preparation of Chemical Safety Technical Sheets (GB16483-2000) has been replaced by the Chemical Safety Technical Sheets: Contents and Items Order (GB16483-2008). This amendment closely followed the revision of the standard on Safety data sheet for chemical products (ISO11014-1: 1994) by the International Organization for Standardisation, and is thus fully consistent with the requirements of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Committee again asks the Government to clarify whether the chemical safety technical sheets referred to above contain detailed information regarding the identity of the hazardous chemicals, their supplier, classification, hazards, safety precautions and emergency procedures; and to indicate whether this information is included on the label, as required under Article 7(2).

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

The Committee notes the information provided by the Government in its latest report, and the attached legislation. The Committee also notes the communication by the International Trade Union Confederation (ITUC) on the Occupational Safety and Health Convention, 1981 (No. 155), received on 9 September and transmitted to the Government on 1 October 2009 and the response thereto provided by the Government in its 2010 report under Convention No. 155. The Committee notes that a number of the issues raised by the ITUC in its 2009 communication concern the application of this Convention.

Article 15 of the Convention. Information and training. The Committee notes the response provided by the Government, which indicates that in order to strengthen safety in the production, operation, transport and storage of hazardous chemical processes, targeted safety training for the workers concerned has been emphasised under the Regulations on Safety Management of Hazardous Chemicals and only those workers who have passed the examinations and tests may be involved in the use of hazardous chemicals. The Government indicates that the first draft for chemical safety labelling standards has been drafted under the Regulations on Preparation of Warning Labels for Use of Chemicals at Workplace, and that it has been made available for public comment. The Committee also notes that, according to the abovementioned comments by the ITUC, there are many workers who are unaware of the risk of occupational diseases, and most are never informed of potential hazards at their workplace. The ITUC further states that chemical processing workers, who are mostly migrant workers from the inner provinces, do not receive information about the chemicals and hazards they face at work, and training is not provided on a continuous basis on the practices and procedures to be followed for safety in the use of chemicals at work, nor is any first-aid training provided. The Committee asks the Government to respond to the comments by the ITUC concerning the information and training of workers on the hazards associated with exposure to chemicals used at the workplace, and to provide information on the measures taken or envisaged to continue to give effect to Article 15.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government, which indicates that the National Registration Centre for Chemicals set up by State Administration of Work Safety (SAWS) is dedicated to the prevention of hazardous chemical accidents, technical research and analysis thereof, and has opened a special hotline for emergency advisory services on chemical accidents; and that, in October 2006, SAWS issued the Emergency Plans for Responding to Hazardous Chemical-induced Accidents and Disasters. The Committee also refers to information provided by the Government under its reports on the Occupational Safety and Health Convention, 1981 (No. 155), which states that, since 2004, hazardous chemical accidents in China have demonstrated a declining trend, with a decrease from 193 accidents in 2004 to 83 accidents in 2009. The Government also indicates that there has been a decrease in the number of deaths in this sector, from 300 in 2004 to 149 in 2009. The Committee notes that the ITUC states that chemicals are often unsafely used in producing resin, all forms of plastics, glues and adhesives, toys, fabrics, leather, shoes, furniture, packaging and paints; and that this, together with long working hours, poor workflow designs and inadequate facilities in the factories, results in frequent outbreaks of occupational illnesses due to benzene poisoning, chronic n-hexane poisoning, and pneumoconiosis due to organic dust in the textile industry. The Committee asks the Government to respond to the comments by the ITUC, with reference to the safe use of chemicals, and to continue to provide information on the application of the Convention in practice.

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

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. The Committee notes the information in the Government’s reports submitted in 2003, 2004 and 2005, including a copy of the Regulations for Safe Management of Dangerous Chemicals adopted in January 2002. It notes with interest that, in addition to these Regulations, the following new laws, giving effect to the provisions of the Convention, have been adopted: the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases of October 2001; Regulations for Protection of Labour in Workplaces Using Toxic Substances of 12 May 2002; the Law of the People’s Republic of China on Safety in Production of 29 June 2002 and Rules Governing Safe Production Licences of 13 January 2004. The Committee also notes the issuance of the Procedures for Implementing Safe Production Licences for Hazardous Chemical Producers of 17 May 2004 and the Procedures for Implementing Safe Production Licences for Fireworks and that the department responsible for work safety is in the process of drafting certain other regulations and implementation procedures giving further effect to the Convention, including, inter alia, Administrative Procedures for the Assessment of the Hazards of Chemicals and their Classification. The Committee notes with interest that the State Administration of Production Safety and Supervision issued on 8 April 2003, a circular requiring the disposal of hazardous waste chemicals in conformity with the "Law on Preventing Solid Wastes from Polluting the Environment and its Control" and that on 21 May 2004, 11 state organs had jointly printed and distributed a "Plan for intensifying the campaign targeting the safety of hazardous chemicals". The Government is requested to transmit copies of relevant new laws, regulations, procedures and other referenced documentation such as the Plan for intensifying the campaign targeting the safety of hazardous chemicals, including, as available, translations thereof into one of the working languages of the ILO.

2. Article 5. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the indication of the Government that there is no complete and harmonized list of such chemicals and that the concerned departments would be consulted in order to prepare such a list. Please indicate the progress made in this regard, particularly by indicating whether a list of banned or restricted chemicals has been drawn up and, if so, inform the Committee thereof.

3. Article 6. Classification systems. The Committee notes that the criteria for classification in force include the national standard "Classification and marking of frequently used dangerous chemicals (GB 13690-92)" and "Classification and marking of dangerous goods (GB 6944-86)". It notes that the Government is in the process of developing a methodology for evaluating the toxicity of chemicals. It also notes that a chemicals classification system is being developed and that the "Globally Harmonized System of Classification and Labelling (GHS)" is being studied to establish criteria for the classification of chemicals on that basis. It further notes that, in respect of transport, the "Recommendations on the transport of dangerous goods" prepared by the Economic and Social Council, and its addendum "UN model regulations on the transport of dangerous goods", and supplementary addendum "Manual of tests and criteria" will be taken into account. Please indicate progress made in these respects.

4. Article 7. Marking and labelling. The Committee notes that the Regulations for Safe Management of Dangerous Chemicals require the labelling of hazardous chemicals in accordance with Article 7, paragraph 2, of the Convention and that the requirements for the preparation and fixing of labels are specified in the Regulations for Preparing Chemical Safety Labels (GB 15258-1999). The Government is requested to indicate the specific provisions of national legislation that give effect to the requirement in Article 7, paragraph 1, of the Convention, of marking all chemicals so as to indicate their identity.

5. Article 8. Chemical safety data sheets. The Committee notes that, from 1 June 2000, the Government began to implement the national standard "Technical notes on chemical safety (GB 16483-2000)", that the Regulations for Safe Management of Dangerous Chemicals require manufacturing enterprises to ensure that information leaflets on technical aspects of chemical safety are placed in the packages of hazardous chemicals and that the Regulations for Preparing Information Leaflets on Technical Aspects of Chemical Safety regulate the preparation of such leaflets. Please clarify whether the information leaflets referred to contain detailed information regarding the identity of the hazardous chemicals, their supplier, classification, hazards, safety precautions and emergency procedures in accordance with Article 8, paragraph 1, of the Convention and also whether the data sheets follow the format proposed through the "Globally harmonized system of classification and labelling of chemicals".

6. Article 14. Disposal. The Committee notes the indication of the Government that it is in the process of developing rules to give effect to this Article. Please indicate the progress made in this respect.

7. Article 15. Information and training. The Committee notes with interest that safety training for persons working with hazardous chemicals has been intensified nationwide. It also notes that the State Administration of Safety in Production intends to formulate a national standard on the use of chemical safety signs in workplaces. Please indicate progress in these respects.

8. Part V of the report form. Practical application of the Convention. The Committee notes the indication of the Government that it is yet to assess the methodology to implement the Convention and that it intends making such an assessment. It also notes that a National Centre for Registration of Chemicals has been established at the national level and that offices for the registration of chemicals have been set up in all provinces, autonomous regions and cities under the direct jurisdiction of the central Government; that the State Administration of Work Safety is in the process of preparing the "Eleventh Five-Year Development Plan for the Safe Production of Hazardous Chemicals" and that the State Administration of Work Safety intends to make feasibility studies for the setting up of a centre for preventing accidents and making technical assessment and analysis of hazardous chemicals and also intends setting up appropriate laboratories for assessing the hazards of chemicals and techniques used in the prevention of hazardous chemical accidents. The Committee also notes that the State Administration of Work Safety is making efforts to formulate a plan for building up a chemical accident emergency rescue system and state reserve plan for seeking assistance in response to chemical accident emergencies, in the near future. The Committee invites the Government to provide further information on progress made in all these respects and, in particular, to submit a copy of the Eleventh Five-Year Development Plan for the Safe Production of Hazardous Chemicals, once it has been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first and second reports and the legislative and other information provided. The Committee notes that the Office has now received a substantial number of the legislative texts that were indicated in the Government’s reports as giving effect to the provisions of the Convention. It intends to examine them in detail at its next session when translations will be completed; in particular in respect of the application of the following provisions of the Convention: Articles 1 and 2 (scope of application); Article 7, paragraph 1 (labelling and marking); Article 8 (chemical safety sheets); Article 9, paragraphs 1(a), (b), 2 and 3, (responsibilities of suppliers); Article 10, paragraphs 2, 3 and 4 (responsibilities of employers); Article 11 (transfer of chemicals); Article 12 (exposure); Article 13, paragraphs 1(f) and 2(a) (operational control); Article 14 (disposal); Article 15 (information and training); Article 16 (cooperation); Article 18 (rights of workers and their representatives); and Article 19 (responsibility of exporting country). With a view to completing its examination, and based on the information given in the Government’s reports, the Committee would be grateful if the Government would provide further information on the following points.

Article 6, paragraph 1, of the Convention. The Committee notes the information that current classification criteria do not take into account risks to the environment and chronic risks, but that the specific criteria was evolving and was under revision. It notes the information that in line with Recommendation No. 177, and upon the completion of the work of classification of chemicals by the United Nations and the International Labour Office, the Government will follow such classification criteria. Please provide information on any developments in this regard.

Article 6, paragraph 3. The Committee notes the information that several regulatory texts have been promulgated based on the provisions of the recommendation of the United Nations on the transport of chemicals. Please provide copies of the Rules of Transporting Chemicals on Railways, promulgated by the Ministry of Railways, the Rules of Administering and Supervising the Carriage of Chemicals on Vessels promulgated by the Ministry of Transport, labels on packages of chemical goods for transport and other standards promulgated by the State Bureau of Technical Supervision.

Article 6, paragraph 4. Please indicate whether and in what manner the classification systems have been extended.

Article 8, paragraph 1. Please provide a copy of the provisions on the preparation of safety technical manuals for hazardous chemicals that the Government indicated have served as guidelines in establishing safety data sheets.

Part V of the report form. The Committee notes the information contained in the Government’s reports concerning the technical assistance provided by the ILO in the application of the Convention. It notes in particular the information that positive results were obtained during the first phase of the project such as: the creation of a coordinating committee for safety in the use of chemicals; the adoption of legislative standards on chemical safety and, subsequently, the initiating of a large number of training activities and systematic training of personnel involved in safety management; the development of relevant training material on chemical safety and chemical databases; the establishment in 1997 of the National Centre for Registration of Chemicals and the improvement of the system of registering of chemicals; and the establishment in 1998 of a system of emergency assistance and relief for chemical accidents. It also notes the information that there were plans to set up offices for the registration of chemicals in all parts of China and that training was to be organized for personnel involved in the registration of dangerous chemicals. Please continue to provide information on developments in this regard.

Please also provide a copy of the Administrative Method for Monitoring the Health of Workers in Chemical Industry adopted by the Ministry of Chemical Industry in 1984, as well as a copy of the Provisions concerning Registration of Pesticides adopted by the Ministry of Agriculture in 1982.