Occupational Safety and Health Convention, 1981 (No. 155) - China (Ratification: 2007)

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.

Observation (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 155 (OSH) and 167 (OSH in construction) together.

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

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. Following its previous comment, the Committee notes the Government’s response in its report that 17,064 cases of occupational disease were reported in 2020, including 14,408 cases of pneumoconiosis, while 15,407 cases were reported in 2021, including 11,809 cases of pneumoconiosis. Moreover, 29,519 fatal occupational accidents were reported in 2019, while 27,412 such accidents were reported in 2020. The Committee also notes that, according to the 14th Five-Year National Plan for Occupational Safety (2021–2025), from 2015 to 2020 there was a decrease in all types of accidents by 43.3 per cent, in large accidents by 36.1 per cent and in very serious accidents by 57.9 per cent respectively, and the number of deaths decreased by 38.8 per cent. The Government further indicates that targeted measures were undertaken to control and eliminate occupational diseases at the source, including the implementation of the pneumoconiosis prevention and control campaign in key industries, such as construction, metallurgy, coal mines and non-coal mines. Awareness-raising activities continue to be organized, aimed at disseminating relevant policies and laws, scientific knowledge, and good practices. Taking due note of the continued decrease in the number of occupational accidents and cases of occupational disease, the Committee requests the Government to continue its efforts with regard to the prevention of such accidents and diseases, and to continue to provide information on specific preventive measures taken in this regard, including those in the context of implementing the 14th Five-Year National Plan for Occupational Safety, and the impact of such measures.The Committee also requests the Government to continue to provide detailed statistics on occupational accidents and diseases at the national level, indicating the causes and consequences.

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

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. Following its previous comment, the Committee notes the Government’s indication in its report that accident prevention was a priority in the 14th Five-Year National Plan for Occupational Safety. Measures envisaged include enhancing the management of recruitment and qualification of subcontractors, as well as strengthening the enforcement of related legislation and regulations. The Government also refers to the Notice on further strengthening the safety management of construction projects with higher risk issued by the Ministry of Housing and Urban-Rural Development (MoHURD) in 2017, which stresses that the main contractor is responsible for the safety of the entire project, while subcontractors are responsible for the safety within the scope of the subcontracted parts, as provided for by section 24 of the Administrative Regulations on Work Safety in Construction Projects. The Committee further notes that, according to the 2019 Circular on Safety Accidents in Housing and Municipal Engineering, in terms of serious accidents, 82.61 per cent were related to large construction projects with multiple parts and operators, particularly in earthwork and foundation excavation, formwork support systems and construction crane machinery. The Committee requests the Government to pursue its efforts to ensure the implementation of prescribed safety and health measures under the responsibility of the principal contractor whenever two or more employers undertake activities simultaneously at one construction site, particularly with respect to construction sites with several tiers of subcontracting. Noting that a large proportion of accidents occurred in construction projects with multiple parts and operators, the Committee once again requests the Government to provide information on the enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected, and penalties applied for non-compliance.

Article 18(1). Work at heights including roof work. The Committee notes the Government’s reference to the Circular on the Governance Action of Occupational Safety in Construction issued by the MoHURD in March 2022, which further specifies the requirements of safety measures for work at heights, including the identification of risks and prevention actions, as well as the use of both collective and individual protection equipment. Moreover, the MoHURD updated the Criteria for Determining Major Hazards and Accident Risks in Construction in April 2022, which identifies some types of work at heights as a major accident risk. The Government also indicates that the number of deaths due to falls from height in construction continues to decrease (441 in 2019, 428 in 2020 and 413 in 2021). The Committee notes, however, that according to the 2019 Circular on Safety Accidents in Housing and Municipal Engineering, falls from heights remained the main cause of accidents in construction, representing 53.69 per cent of total accidents in 2019, increased from 52.2 per cent in 2018. The Committee also notes that there was only one accident due to fall from height falling into the categories of large, serious and very serious accidents (defined as accidents causing more than three deaths or with a particularly significant economic impact). The Committee urges the Government to pursue its efforts to enforce safety measures for work at heights and to promote the use of safety equipment at all construction sites. It also requests the Government to continue to provide information on the enforcement measures implemented in this regard (including the number and nature of violations detected and penalties applied) and the number of occupational accidents reported due to falls from heights.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the MoHURD to improve the implementation of the Convention, including: (i) the elaboration of guidelines for workplan design in construction projects with higher risks consisting of multiple components and operators in 2021; (ii) the development of a list of work process and techniques, equipment and materials to be eliminated in building construction and infrastructure projects in 2021; and (iii) the implementation of targeted measures to strengthen occupational safety in housing and municipal engineering projects. The Government also indicates that 1,530 cases of occupational disease were reported in the construction industry from 2019 – 2021, mostly related to civil engineering projects (1,256 cases). Moreover, the most prevalent occupational disease remains pneumoconiosis (1,257 cases). The Committee further notes with concern that, according to the 2019 Notification of Safety Accidents in Housing and Municipal Engineering, in 2019, there were 773 work safety accidents with 904 deaths, an increase from 2018 by 39 cases and 64 persons respectively. About 80 per cent of the accidents could be attributed to violations of OSH-related rules and regulations when performing work, 60 per cent were related to violations of statutory construction procedures, while 40 per cent were due to neglect of duties by key personnel responsible for OSH. The Committee urges the Government to reinforce its efforts to ensure the application of the Convention in practice, and to continue to provide information on the concrete steps taken to reduce the number of occupational accidents in the construction sector. It also urges the Government to continue to take measures to ensure the effective enforcement of the Convention through the provision of appropriate inspection services in the sector, as well as appropriate penalties and corrective measures. Lastly, the Committee requests the Government to continue to provide detailed information on the application of the Convention in practice.

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

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.

Observation (CEACR) - adopted 2020, 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) and 167 (OSH in construction) together.

The Committee takes note of the supplementary information on the application of Conventions Nos 155 and 167 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 under Article 11(c) and (e) and application in practice of Convention No. 155, and Article 35 and application in practice of Convention No. 167 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided in the Government’s supplementary report related to OSH measures in the context of the COVID-19 pandemic, including measures to strengthen prevention and monitoring during the resumption of work in construction and civil engineering projects.

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

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. The Committee previously noted the 26,393 cases of occupational diseases reported in 2013, including 23,152 cases of pneumoconiosis. In response to its request on concrete measures taken to address pneumoconiosis, the Committee notes the information in the Government’s report concerning different preventive OSH measures taken in recent years, including the formulation of risk prevention and control plans in coal mines. The Committee also notes with interest the adoption, in 2019, of a National Action Plan on the Prevention and Control of Pneumoconiosis. In this regard, the Committee welcomes the Government’s indication in its supplementary report, that in the period July 2019–December 2020, 10 departments and the All-China Federation of Trade Unions jointly issued the Notice on Disseminating the Enhanced Action Plan for the Prevention and Control of Pneumoconiosis. The Government refers to the departments’ intensified efforts in five areas, including supervision and law enforcement, and efforts to promote the special treatment of occupational hazards in key industries such as mining and metallurgy, and carrying out reviews on dust hazard management in various industries. The Committee further notes the Government’s indication in its supplementary report that China has published data on occupational diseases through an annual statistical bulletin on the development of public health services. The Government indicates in this respect that there were 19,428 cases of occupational disease in 2019 (including 15,898 cases of occupational pneumoconiosis), a decrease from 23,497 cases of occupational diseases in 2018, (with 19,468 cases of occupational pneumoconiosis). The Committee further notes the Government’s indication that in 2019, there were 44,609 occupational safety accidents resulting in the death of 29,519 workers. It takes note of the Government’s indication that the 2019 figures represent a 33.5 per cent decrease since 2015 in the number of accidents, and a 34.1 per cent decrease in the number of fatalities. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases at the national level. The Committee further requests the Government to continue its efforts with regard to the prevention of occupational accidents and occupational diseases, and to continue to provide information on the specific preventive measures taken in this regard, including measures taken in the implementation of the National Action Plan on the Prevention and Control of Pneumoconiosis, and the impact of such measures.

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

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee previously noted section 24 of the Administrative Regulations on Work Safety in Construction Projects which states that the main contractor shall be responsible for the overall occupational safety at the construction site. When the main contractor subcontracts a construction project to any other entity, it shall explicitly stipulate their respective rights and obligations regarding work safety. The main contractor and the subcontractor shall bear joint and several liability with regard to the safety of the subcontracted project and shall share duties and responsibilities. The Committee also noted that the Government identified the inadequacy of accountability and responsibility as a contributing factor to the high accident rate in the construction sector, and it requested information on the enforcement of section 24 in practice.

The Committee notes the statistics provided by the Government, in response to the Committee’s previous request, regarding enforcement in the construction industry in general. The Government refers to the adoption of the Opinion on Further Accelerating the Development of General Project Contracting (No. 93, 2016), which provides that project contracting enterprises may directly subcontract design or construction work to enterprises with the corresponding qualifications, but the general contractor enterprise shall be fully responsible for, among others, the quality and safety of the project in accordance with the contract signed with the construction entity. The Government also indicates that the Ministry of Housing and Urban-Rural Development issued a Notice on Management Measures for the Evaluation and Punishment of Contract Awarding and Contracting of Construction Projects (No 1. 2019) which identified violations relating to illegal contract awarding, subcontracting and illegal subcontracting, as well as established standards for investigation and punishment. The Government further indicates that the Measures for the Administration of Subcontracting for the Construction of Houses and Municipal Infrastructure Projects (Decree No. 47 of the Ministry of Housing and Urban-Rural Development) was revised in 2019, and provides that the contractor of a project through subcontracting shall have the necessary qualifications for the work required, and shall obey the occupational safety management measures of the main contractor on the construction site. The Committee recalls that, in accordance with Article 8(1)(a) of the Convention, whenever two or more employers undertake activities simultaneously at one construction site, the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures; and that, in accordance with Article 8(1)(c), each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority. The Committee requests the Government to continue to provide information on the measures it is taking to ensure the implementation of prescribed safety and health measures under the responsibility of the principal contractor whenever two or more employers undertake activities simultaneously at one construction site, particularly with respect to construction sites with several tiers of subcontracting. Noting the general information provided, the Committee once again requests detailed information on the application and enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected and penalties applied for non-compliance, including fines collected and prosecutions. The Committee requests that this detailed information identify how often the principal contractor, as distinct from the subcontractor, is the object of enforcement actions.

Article 18(1). Work at heights including roof work. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that falls from heights are the main type of accident in construction, representing 52.2 per cent of total accidents in 2018. The Government indicates that supervision of personal protective equipment (such as safety belts) shall be strengthened in order to prevent such falls, and that in 2019, the Ministry of Housing and Urban-Rural Development, together with the State Administration for Market Regulation and the Ministry of Emergency Management, issued the Notice on Further Strengthening Supervision and Management over Personal Protective Equipment. The Government also reports that it is taking measures to strengthen monitoring of projects considered to be higher risk, including those involving work at high heights particularly through the development of detailed enforcement rules regarding such projects and the undertaking of targeted inspections. The Committee urges the Government to pursue its efforts to enforce safety measures for work at heights and to promote the use of safety equipment at all construction sites. It requests the Government to continue to provide information on the enforcement measures implemented in that respect and to provide data on the number of occupational accidents reported (including fatal and serious accidents) due to falls from heights, as well as the number and nature of violations detected and penalties applied for non-compliance.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee previously noted the Government’s identification of the contributing factors to accidents in the construction sector, including a lack of uniform standards in the construction sector; an inadequate enterprise-ownership regime with respect to, accountability and responsibility; the lack of thoroughness in the elimination of hidden workplace hazards; and the inadequacy of investigations and penalties following occupational accidents. It noted that in 2018, the construction industry was, for the ninth consecutive year, the sector with the largest number of occupational accidents.

The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the Ministry of Housing and Urban-Rural Development to improve the implementation of the Convention, including: (i) measures to strengthen safety inspections in the construction sector, including the elimination of more than 360,000 potential safety hazards on construction sites and the suspension of licences for 164 enterprises in 2018; (ii) improved regulation of the construction market to address illegal subcontracting; (iii) further awareness-raising on safety in construction and safety training for construction workers; and (iv) the development of a national information system on construction safety to promote supervision, collaboration and information sharing. The Government indicates that departments in charge of housing and urban-rural construction at all levels inspected 320,155 projects, investigated 11,302 illegal activities, penalized 8,161 enterprises and imposed fines of approximately ¥102 million (approximately US$15,513,000). In 2018, there were 734 occupational safety accidents in housing and municipal projects nationwide, resulting in the death of 840 workers. In this respect, the Committee notes with concern the Government’s statement that this represents a 4.1 per cent increase in the number of fatalities due to accidents in the sector between 2017 and 2018. The major cause of accidents were falls from heights, falling objects, mechanical accidents and crane-related accidents. It further notes that in 2018, 983 cases of occupational diseases were reported in the construction sector, mostly related to civil engineering projects (827 cases). With reference to its comments above on Convention No. 155, the Committee notes that the main occupational disease reported in the construction industry was pneumoconiosis. In its supplementary report, the Government also refers to measures taken to increase the accountability of responsible personnel. The Government further refers to a large-scale investigation conducted in 2019, with the random inspections conducted of 163,446 projects, investigations into 351,677 potential safety hazards, and the issuance of 58,888 notices regarding rectification with deadlines, 304 legal enforcement proposals, and 6,437 notices of suspension of work or business suspensions. The Committee urges the Government to pursue its efforts to ensure the application of the Convention in practice, and to continue to provide information on the concrete steps taken to reduce the number of fatal accidents in the sector. It also urges the Government to continue to take measures to ensure the effective enforcement of the Convention through the provision of appropriate inspection services in the sector, as well as appropriate penalties and corrective measures. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of the contraventions reported and the measures taken to address them, the number of penalties and corrective measures applied, and the number, nature and cause of occupational accidents and occupational diseases reported.

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

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.

Observation (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) and 167 (OSH in construction) together.

General provisions

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

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. The Committee previously noted the 26,393 cases of occupational diseases reported in 2013, including 23,152 cases of pneumoconiosis. In response to its request on concrete measures taken to address pneumoconiosis, the Committee notes the information in the Government’s report concerning different preventative OSH measures taken in recent years, including the formulation of risk prevention and control plans in coal mines. The Committee also notes with interest the adoption, in 2019, of a National Action Plan on the Prevention and Control of Pneumoconiosis. The Committee further notes the information provided by the Government that in 2018, there were 51,373 occupational safety accidents resulting in the death of 34,046 workers. It notes the Government’s indication that the 2018 figures represent a 23.4 per cent decrease since 2015 in the number of accidents, and a 23.9 per cent decrease in the number of fatalities. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases at the national level. The Committee further requests the Government to continue its efforts with regard to the prevention of occupational accidents and occupational diseases, and to continue to provide information on the specific preventative measures taken in this regard, including measures taken in the implementation of the National Action Plan on the Prevention and Control of Pneumoconiosis

Protection in specific branches of activity

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

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee previously noted section 24 of the Administrative Regulations on Work Safety in Construction Projects which states that the main contractor shall be responsible for the overall occupational safety at the construction site. When the main contractor subcontracts a construction project to any other entity, it shall explicitly stipulate their respective rights and obligations regarding work safety. The main contractor and the subcontractor shall bear joint and several liability with regard to the safety of the subcontracted project and shall share duties and responsibilities. The Committee also noted that the Government identified the inadequacy of accountability and responsibility as a contributing factor to the high accident rate in the construction sector, and it requested information on the enforcement of section 24 in practice.

The Committee notes the statistics provided by the Government, in response to the Committee’s previous request, regarding enforcement in the construction industry in general. The Government refers to the adoption of the Opinion on Further Accelerating the Development of General Project Contracting (No. 93, 2016), which provides that project contracting enterprises may directly subcontract design or construction work to enterprises with the corresponding qualifications, but the general contractor enterprise shall be fully responsible for, among others, the quality and safety of the project in accordance with the contract signed with the construction entity. The Government also indicates that the Ministry of Housing and Urban-Rural Development issued a Notice on Management Measures for the Evaluation and Punishment of Contract Awarding and Contracting of Construction Projects (No 1. 2019) which identified violations relating to illegal contract awarding, subcontracting and illegal subcontracting, as well as established standards for investigation and punishment. The Government further indicates that the Measures for the Administration of Subcontracting for the Construction of Houses and Municipal Infrastructure Projects (Decree No. 47 of the Ministry of Housing and Urban-Rural Development) was revised in 2019, and provides that the contractor of a project through subcontracting shall have the necessary qualifications for the work required, and shall obey the occupational safety management measures of the main contractor on the construction site. The Committee requests the Government to continue to provide information on the measures it is taking to ensure the implementation of prescribed safety and health measures under the responsibility of the principal contractor whenever two or more employers undertake activities simultaneously at one construction site, particularly with respect to construction sites with several tiers of subcontracting. Noting the general information provided, the Committee once again requests detailed information on the application and enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected, and penalties applied for non-compliance, including fines collected and prosecutions. The Committee requests that this detailed information identify how often the principal contractor, as distinct from the subcontractor, is the object of enforcement actions.

Article 18(1). Work at heights including roof work. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that falls from heights are the main type of accident in construction, representing 52.2 per cent of total accidents in 2018. The Government indicates that supervision of personal protective equipment (such as safety belts) shall be strengthened in order to prevent such falls, and that in 2019, the Ministry of Housing and Urban-Rural Development, together with the State Administration for Market Regulation and the Ministry of Emergency Management, issued the Notice on Further Strengthening Supervision and Management over Personal Protective Equipment. The Government also reports that it is taking measures to strengthen monitoring of projects considered to be higher risk, including those involving work at high heights particularly through the development of detailed enforcement rules regarding such projects and the undertaking of targeted inspections. The Committee urges the Government to pursue its efforts to enforce safety measures for work at heights and to promote the use of safety equipment at all construction sites. It requests the Government to continue to provide information on the enforcement measures implemented in that respect and to provide data on the number of occupational accidents reported (including fatal and serious accidents) due to falls from heights, as well as the number and nature of violations detected and penalties applied for non-compliance.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee previously noted the Government’s identification of the contributing factors to accidents in the construction sector, including the non-standardization of the construction market; the inadequacy of enterprise ownership, accountability and responsibility; the lack of thoroughness in the elimination of hidden workplace hazards; and the inadequacy of investigations and penalties following occupational accidents. It noted that in 2018, the construction industry was, for the ninth consecutive year, the sector with the largest number of occupational accidents.

The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the Ministry of Housing and Urban-Rural Development to improve the implementation of the Convention, including: (i) measures to strengthen safety inspections in the construction sector, including the elimination of more than 360,000 potential safety hazards on construction sites and the suspension of licences for 164 enterprises in 2018; (ii) improved regulation of the construction market to address illegal subcontracting; (iii) further awareness raising on safety in construction and safety training for construction workers; and (iv) the development of a national information system on construction safety to promote supervision, collaboration and information sharing. The Government indicates that departments in charge of housing and urban–rural construction at all levels inspected 320,155 projects, investigated 11,302 illegal activities, penalized 8,161 enterprises and imposed fines of approximately ¥102 million. In 2018, there was 734 occupational safety accidents in housing and municipal projects nationwide, resulting in the death of 840 workers. In this respect, the Committee notes with concern the Government’s statement that this represents a 4.1 per cent increase in the number of fatalities due to accidents in the sector between 2017 and 2018. The major cause of accidents were falls from heights, falling objects, mechanical accidents and crane-related accidents. It further notes that in 2018, 983 cases of occupational diseases were reported in the construction sector, mostly related to civil engineering projects (827 cases). With reference to its comments above on Convention No. 155, the Committee notes that the main occupational disease reported in the construction industry was pneumoconiosis. The Committee urges the Government to pursue its efforts to ensure the application of the Convention in practice, and to continue to provide information on the concrete steps taken to reduce the number of fatal accidents in the sector. It also urges the Government to continue to take measures to ensure the effective enforcement of the Convention through the provision of appropriate inspection services in the sector, as well as appropriate penalties and corrective measures. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of the contraventions reported and the measures taken to address them, and the number, nature and cause of occupational accidents and occupational diseases reported.

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

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.]

Observation (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) and 167 (OSH in construction) together.

A. General provisions

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

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

B. Protection in specific branches of activity

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

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

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

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

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

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

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

Further to its observation, the Committee would like to raise the following points.

Legislation. The Committee notes the information provided in the Government’s report, and in particular the recently amended 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 Committee notes that the amended legislation makes it easier for workers to have their employment relationship established therefore allowing them to be diagnosed and compensated; and provides an updated list of diseases. The Committee was informed of the planned amendments to the Law of the People’s Republic of China on Production Safety aimed at the protection of dispatch workers; a focus on high-risk industries such as construction; introduction of risk assessment duty on employers; strengthening of recording of workplace accidents; and the strengthening of inspection and sanctions. The Committee welcomes the information provided by the Government in response to its previous comments, including the provisions in national legislation which give further effect to Articles 5(b), (d) and (e), 18, 19(b), (c) and (e), and 20 of the Convention. The Committee asks the Government to continue to provide information on any pertinent legislative measures taken concerning the Convention.

Articles 1, 2 and 3 of the Convention. Scope and definitions. The Committee notes the response provided by the Government in terms of the scope and definition of national legislation in the area of occupational safety and occupational health. The Committee notes, however, that the Law on Production Safety does not appear to cover government bodies, public entities and not for profit organisations, and other workers such as civil servants, domestic workers and the self-employed. In addition, while the term ‘workplace’ has been introduced in sections 15 and 16 of the Law on Occupational Diseases, the Committee notes that neither the Law on Production Safety nor the Law on Occupational Diseases define the terms indicated in Article 3 of the Convention, including in particular “workers”, “workplace” and “health”. The Committee asks the Government to provide further information on the provisions of national legislation which ensure that the abovementioned workers are covered; and to indicate the measures taken to ensure that the terms in Article 3 are defined in national legislation.

Article 4. National policy. The Committee notes that the 12th Five-year Plan for Production Safety, issued by the State Council in 2011, proposes that by 2015 there be a comprehensive improvement in the state of production safety for all sectors and better systems of safety surveillance and inspection; at least a 10 per cent decrease in the total number of fatalities for various types of accidents; and at least a 15 per cent decrease in the number of serious or grave accidents – with extremely grave accidents decreased by at least 50 per cent. The Committee also notes that in its previous report, the Government referred to the National Occupational Disease Prevention and Control Plan (2009–15), which comprehensively analyses the current situation on prevention and treatment of occupational diseases in China and provides guiding ideology, basic principles and targets to achieve. The Committee recalls that the Government previously indicated that efforts in respect of production safety were shifting from focusing on production safety only, to focusing on both production safety and occupational safety and health. In this respect, the Committee asks the Government to provide further information on any measures taken to ensure a more coherent approach in the country in relation to a worker’s occupational safety and occupational health, and in particular on how this has been incorporated into the amended Law on Production Safety. The Committee also invites the Government to provide information on the progress and outcomes of the abovementioned plans, and more specifically in relation to occupational accidents and occupational diseases.

Article 9. Adequate and appropriate system of inspection and provision of adequate penalties for violation. The Committee notes the information provided, which indicates that the number of entities of production, and number of operations under supervision, have been increasing annually, as has the frequency of inspections. During 2006–10, departments of safety supervision or coalmine safety administration at various levels have imposed 367,000 administrative penalties, resulting in 79,900 entities being ordered to suspend production or operation; and of the 24,100 close-down proposals issued, 18,300 entities were eventually closed. The Committee welcomes the efforts made to enhance the development of the regulatory system for safety supervision at the grass-root level, characterized by a four-layer structure of national, provincial, municipal and county engagement. The Committee asks the Government to continue to provide information on the measures taken to ensure an adequate and appropriate system of inspection, and provision of adequate penalties for violation, and to include statistical information on the application of these measures in practice.

Article 12(b). Make available information concerning the correct installation and use of machinery and equipment. The Committee notes that sections 25 and 32 of the Law on Occupational Diseases appear to give effect to Article 12(a) and (b) concerning hazardous substances, and that section 29 of the Law on Production Safety appears to give effect to Article 12(a) in relation to safety equipment. The Committee notes however, that the Government has not indicated the measures taken to ensure that full effect is given to Article 12(b) in relation to the use of machinery and equipment. The Committee therefore asks 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 hazards of machinery and equipment as well as instructions on how known hazards are to be avoided.

Article 19(d). Representatives in the undertaking are given appropriate training. The Committee notes that there does not appear to be any provision to ensure that representatives in the undertaking are given appropriate training in occupational safety and health. The Committee asks the Government to provide further information on the effect given to this provision of the Convention.

Article 19(f). The employer cannot require workers to return to a work situation where there is continuing imminent and serious danger. The Committee notes that section 47 of the Law on Production Safety protects a worker who has removed themselves from any situation threatening their personal safety, as required by Article 13 of the Convention. The Committee notes, however, that the Government’s report is silent on the requirement under Article 19(f). The Committee therefore repeats its request that the Government provide further information on the measures taken to ensure that the employer cannot require workers to return to a work situation where there is a continuing imminent and serious danger to life and health, in accordance with the requirements under Article 19(f).

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

Article 11(c) of the Convention. Production of annual statistics on occupational accidents and diseases. The Committee notes that in 2007 the State Council issued a Regulation on Reporting, Investigation and Handling of Production Safety Accidents (State Council Decree No. 493), which sets out comprehensive rules concerning “safety accidents”, including classification, reporting responsibility and timeframe, and the facts of the accidents, as well as the investigation, handling and publication of such accidents. The Committee further notes that the new Reporting System for Production Safety Accidents Statistics (Notice No. 98), issued in 2012, established the regime of statistical monthly, quarterly and annual reports, as well as supervision of accident investigations and pursuit of accountability. In this regard, the Committee notes that the International Trade Union Confederation (ITUC), in a communication dated 1 September 2010, calls on the Government to compile and publish statistics, particularly at a provincial, municipal and county level, for greater transparency. In addition, the ITUC alleges that statistics concerning occupational diseases are largely undermined by the high number of undiagnosed cases among internal migrant workers who return to their place of origin when they fall ill. Noting that the abovementioned Decree and Notice concern the reporting, investigation and handling of, and statistical report on “safety accidents” in general, and not specifically occupational accidents and diseases, the Committee asks the Government to indicate the authority responsible for producing annual statistics on occupational accidents and diseases, and the methodology applied. The Committee further asks the Government to indicate whether the abovementioned monthly, quarterly and annual statistical reports are publicly available; and in that case, provide such statistical information to the Office. The Committee also asks the Government to provide further information on whether the notification of occupational accidents and diseases, as required by national law, encompasses all workers, in particular with regard to the comments by the ITUC concerning internal migrant workers.

Article 15. Coordination between various authorities. The Committee notes that the State Commission Office for Public Sector Reform issued the Circular on Division of Labour for Functions of Occupational Health Regulation (No. 104) in 2010, which requires all departments involved to perform their respective duties while maintaining effective coordination. In addition, the Committee notes that the inter-ministerial Production Safety Committee of the State Council is composed of officials from various government bodies, including the Ministry of Health. In its 2010 communication, the ITUC called for better coordination between occupational hazard inspection and occupational health examination. In this respect, the Committee would appreciate receiving further information from the Government on the coordination between the various authorities and bodies responsible for occupational safety and those responsible for occupational health. In addition, noting that the term “production safety” encompasses more than just occupational safety, the Committee asks the Government to provide further information on the role of the Production Safety Committee of the State Council in relation to occupational safety and on whether a similar inter-ministerial mechanism exists in relation to occupational health.

Part V of the report form. Application in practice. 1. Workplace accidents. The Committee welcomes the Government’s efforts to improve the situation concerning production safety in the country, including enhancing the legal system and administrative regime for production safety; building up the capacities of those responsible for ensuring safety supervision and inspection; cracking down on illicit or illegal acts of production and construction; and launching special safety campaigns in major industries and sectors. The Government indicates that these efforts have yielded positive results across the country and that the situation of production safety is moving steadily in the direction of sustainable improvement. The Government also acknowledges the challenges brought about by the current process of rapid industrialization and urbanization in the country, which represents a peak phase for possible safety accidents. The Committee notes that in 2010, compared to the figures for 2005, there was a 49.4 per cent decrease in the number of “safety accidents”, with a total of 354,500; and the number of fatalities decreased by 37.4 per cent, with a total of 79,500. This decrease has been seen in many of the high risk sectors, including mining, hazardous chemicals, fireworks, road transport, fire fighting, railway transport, water transport, fishing and agriculture (machinery), etc. The Committee requests the Government to specify how many of the “safety accidents” recorded, and indicated above, relate to occupational accidents, which cover an occurrence arising out of, or in the course of, work, and to provide this information disaggregated by sector activities, age and gender if possible. The Committee invites the Government to continue to provide information on the measures taken to target the high number of occupational accidents in high risk workplaces.

2. Occupational diseases. The Committee notes the information provided by the Government concerning the current legislation in place with regard to occupational diseases. The Committee in particular notes with interest that in August 2009, the State Administration of Work Safety, the Ministry of Health, the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions jointly carried out special enforcement operations targeting dust and highly toxic material hazards in multiple sectors, including the jewellery processing sector. These special operations focused on urging producers and operators to fulfil their principal obligations of preventing and controlling occupational hazards. The Committee notes however, that the Government has not responded to the concerns raised by the ITUC in relation to the alleged problems in the application of this Convention in relation to occupational diseases, and in particular concerning the lack of information and training given to workers on the risks of occupational diseases and hazards in the workplace, including specific health risks. The Committee therefore reiterates its request that the Government provide information on the application of the Convention in practice, with reference to the comments by the ITUC concerning occupational diseases, including statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and causes of occupational diseases reported.

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

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 1, 2 and 3 of the Convention. Scope and definitions. The Committee notes that while the Government has indicated under Articles 1 and 2 that there are no provisions which exclude any branches of economic activity or workers from the application of the Convention, the Law of the People’s Republic of China on Production Safety (1 November 2002) (Law on Production Safety) limits the application of its provisions to work safety in units that are engaged in production and business activities, and that the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases (1 May 2002) (Law on Occupational Diseases) refers to diseases contracted by workers of enterprises, institutions and household economic organizations. The Committee further notes that neither law appears to provide a definition of the term “workplace”, which according to the provisions of Article 3 should cover all places where workers need to be or to go by reason of their work. The Committee also notes that the Government has referred to the Law of the People’s Republic of China on Mine Safety (1 May 1993) under Part I of the report form but that information on how the provisions of this Law ensure the application of each Article of the Convention under Part II of the report form has not been provided. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure application of the Convention, in law and in practice, to all branches of economic activity, including the public service, and to all workers, including public employees; to provide information on the definition of the term “workplace”; and to indicate the specific provisions in law which apply to each Article of the Convention for those branches of economic activity and workers not covered by the Law on Production Safety and the Law on Occupational Diseases.

Article 4. National policy. The Committee notes the information provided by the Government on the industrial and economic policies that have been formulated and adopted through relevant laws and administrative regulations to ensure occupational safety and health (OSH). The Committee notes the references made, and the information available, regarding the ongoing implementation of the 11th Five-Year Plan for Production Safety adopted in 2006, the National Work Safety Programme (2006–10) and the National Occupational Disease Prevention and Control Plan (2009–15). With reference to the application by the Government of the requirements under Article 8 and Article 15, the Committee would like to underscore the importance of ensuring that the national policy at issue is “coherent”. Coherence in this context means that the national policy – formulated, implemented and periodically reviewed – should be made up of mutually compatible components, making up a consistent whole. The Committee also notes the rather limited information provided regarding the updating and review process of the national policy on OSH, and the tripartite consultations held in this respect. This review process, where an assessment of past performance serves as a guide for future action, is a crucial element in order to ensure improved compliance with the requirement to minimize “as far as is reasonably practicable the causes of hazards inherent in the working environment”. The Committee asks the Government to provide further information on how it ensures that all aspects of Article 4 are applied, particularly on how it ensures that the national policy is coherent and aims to prevent accidents and injury to health; and to indicate the methodology used in the review process. The Committee also asks the Government to provide further information on how the most representative organizations of employers and workers are continuously involved in all aspects of the national policy process reflected in Article 4.

Article 5(b) and (d). Main spheres of action under the national policy. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee asks the Government to provide information on measures to ensure that the national policy referred to in Article 4 of this Convention takes into account the relationships between the material elements of work and the persons who carry out or supervise the work, in accordance with Article 5(b); and the communication and cooperation at the levels of the working group and the undertaking, and at all other appropriate levels up to and including the national level, in accordance with Article 5(d).

Article 8. National legislation. The Committee notes with interest the indication by the Government that efforts in respect of production safety are shifting from focusing on production safety only, to focusing on both production safety and OSH. The Committee hopes that when reviewing the legislative situation on OSH the Government will consider legislation on workplace prevention which offers a coherent focus on central issues related to the prevention of accidents and injury and covering occupational safety, occupational health and the working environment, while leaving more specific requirements to detailed regulations.

Article 12(a) and (b). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government, which indicates that section 29 of the Law on Production Safety requires safety equipment to be designed, manufactured, installed, used, tested, maintained, renovated and abandoned in compliance with the national standards or industrial specifications, and that section 25 of the Law on Occupational Diseases states that when providing the employer with the equipment that may produce occupational disease hazards, the supplier shall give a handbook in Chinese and put up warning signs with descriptions in Chinese at eye-catching spots on the equipment. With reference to the foregoing, the Committee notes that the Government has not provided information on the measures to ensure the application of Article 12(a) with regards to those who design, manufacture, import, provide or transfer machinery or equipment outside of safety equipment, and substances for occupational use; and of Article 12(b) with regards to the obligation on those who design, manufacture, import, provide or transfer machinery or equipment, other than that which causes occupational disease hazards, to make available information.

Article 19(b), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the information indicating the measures which allow trade unions to cooperate with the employer and to be given adequate information on measures taken by the employer to secure OSH. The Committee also notes the provisions requiring workers to be given appropriate training in OSH. The Committee asks the Government to provide further information on the legislative and/or other measures that enable representatives of workers in the undertaking to cooperate with the employer in the field of OSH, as required under Article 19(b); and that they are given adequate information on measures taken by the employer to secure OSH, as required under Article 19(c). The Committee also asks the Government to indicate the provisions ensuring that workers or their representatives are enabled to enquire into, and are consulted by the employer on, all aspects of OSH associated with their work, and for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking, as required under Article 19(e).

Article 19(f). The employer cannot require workers to return to a work situation where there is continuing imminent and serious danger. The Committee notes that section 51 of the Law on Production Safety only partially fulfils the requirements of Article 19(f). The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health, in accordance with the requirements under Article 19(f).

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

The Committee notes the Government’s detailed reports concerning the application of the Convention in the country, and welcomes the Government’s commitment to production safety. The Committee notes the Government’s reply to the International Trade Union Confederation (ITUC) communication dated 9 September 2009. The Committee also notes the ITUC’s communication dated 1 September 2010, transmitted to the Government on 15 September 2010, which provides information on the general application of the Convention in practice, and more specifically on the enforcement capacity of the administrative bodies, including the availability of adequate penalties and a system of inspection; the application of the Convention to migrant workers and family-run workshops; the need for regular reporting and prompt notification systems; the application of occupational safety and health (OSH) laws and regulations by the courts; and the continued increase in the number of reported cases of occupational disease. The Committee invites the Government to respond to the most recent ITUC communication in its next report and asks the Government to provide further information on the following points, with reference to the 2009 comments by the ITUC.

Articles 5(c), 10 and 14 of the Convention. Awareness raising, guidance and training on occupational safety and health. The Committee notes the information provided on how effect is given to these provisions of the Convention, and the efforts made, in law and in practice, to ensure that not only workers but also persons in management are adequately trained in matters related to OSH, taking into account the need for continuous training on the introduction of new techniques, new technology, new material or new equipment. The Committee also notes the efforts by the work safety regulatory and supervisory units at various levels to provide employers and workers with information on OSH legislation and policies, through multiple means of advocacy, such as newspapers, magazines, radio and television, video and audio materials, and special campaigns in the form of “Safety and Law” television programmes, “Safety on the Spot” columns, “National Safe Production Month” and “Work Safety Long March”, and online access to OSH laws, regulations and policies. It also notes the information that training and education in the area of OSH is always included as a key component in higher technical, medical and professional education. The Committee also notes that the ITUC considers that further efforts are needed in the area of enforcement of OSH laws and regulations in the country and calls on the Government to undertake a widespread public educational campaign on OSH legislation and associated rights and duties. The ITUC also indicates that there is a need to disseminate information, in an effective manner, on how to obtain access to redress in the event of non-compliance. The Committee notes the Government’s response which indicates the continued efforts to publicize and educate the public on production safety. With reference to the foregoing and the 2009 comments by the ITUC, the Committee asks the Government to continue to provide information on measures taken to increase the awareness and knowledge of OSH, not only among the workers and employers directly concerned, but also among the general public.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the Government has not provided information on the application of Article 5(e). The Committee also notes that the ITUC refers to numerous cases in which workers and their representatives have been harassed, imprisoned or have faced other repercussions following attempts to obtain OSH-related compensation and rights. With reference to the 2009 comments by the ITUC, the Committee asks the Government to provide information on the measures taken or envisaged to ensure the protection of workers and their representatives from disciplinary measures as a result of action properly taken by them in accordance with the requirements under Article 5(e).

Article 9. Adequate and appropriate system of inspection and provision of adequate penalties for violations. The Committee notes the information provided by the Government which indicates that the State Administration of Work Safety (SAWS) is responsible for the supervision and inspection of OSH at workplaces in industrial, mining and commercial sectors (except workplaces in coal mines which are under the responsibility of the State Administration of Coal Mine Safety). The Committee welcomes the information that the Government is in the process of regularizing the enforcement of the administrative law on production safety in order to encourage law enforcement personnel to correctly apply production safety laws, administrative regulations and departmental rules, and to narrow discretionary powers to prevent and reduce corruption. The Committee also notes that the ITUC refers to evidence of continuous breaches of OSH laws and regulations in factories and workplaces, and that enforcement efforts are hampered by the existence of widespread collusion by officials. The ITUC further states that many OSH inspectors are only temporarily employed, and are thus inexperienced in OSH management and lack adequate and appropriate training. The Committee notes the Government’s response which indicates that in 2009, the State Council launched the “Safety Production Year” campaign, and that as a result, all regions, departments and entities have made comprehensive efforts to implement the three measures for production safety, namely “law enforcement”, “advocacy and education” and “rectification”. With reference to the foregoing, the 2009 comments by the ITUC, as well as its comments under Article 15 below, the Committee asks the Government to provide further information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection and penalties is in place for the enforcement of laws and regulations concerning OSH.

Article 11(c). Procedures for the notification of occupational accidents and diseases by employers, and the production of annual statistics. The Committee notes the information provided by the Government indicating that section 17 of the Law of the People’s Republic of China on Production Safety (1 November 2002) (Law on Production Safety) requires the principal leading members of production and business units to submit to the higher authorities timely and truthful reports on accidents due to lack of work safety, and that section 43 of the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases (1 May 2002) (Law on Occupational Diseases) states that where the employer or the medical and health institution discover any worker suffering, or suspected of suffering, from an occupational disease, it shall report to the local public health administration department without delay. The Committee also notes the communication by the ITUC which indicates that many cases of occupational diseases are covered up by owners and/or local authorities, particularly in village and township enterprises and small and illegal workshops. With reference to the further guidance provided in Paragraph 15(2) of the Occupational Safety and Health Recommendation, 1981 (No. 164), as well as in the 2002 Protocol to this Convention, the Committee wishes to emphasize that in the process of improving its OSH system in general, it is of particular importance to pursue efforts to improve the system of recording and notification of occupational accidents and diseases. While the improvement of such national systems may temporarily result in an increase in the number of cases recorded, such improved and better functioning systems constitute an important tool in the process of evaluating progress and measuring the impact of actions taken. In this context, and with reference to the comments made under Article 15 below, it is important to take measures, institutionally or otherwise, to ensure effective coordination among the various government entities (at the national, provincial and municipal levels) with regard to the recording, notification and investigation of occupational accidents and diseases. These measures should also include systematic information-sharing and structured feedback systems, as well as the compilation and use of statistics to develop targeted and, in particular, preventive interventions and strategies. With reference to the foregoing and the 2009 comments by the ITUC, the Committee asks the Government to indicate the measures taken to ensure that the functions referred to in Article 11(c) are progressively carried out.

Article 15. Coordination between various authorities. The Committee notes the information in the Government’s report that SAWS, the State Administration of Coal Mine Safety and the Ministry of Health are the entities primarily responsible for OSH, and that the China Occupational Safety and Health Association, established in October 2003, functions as a central coordinating body for occupational safety. The Committee also notes the statement by the ITUC that OSH-related reform policies and instructions set out by central government are not implemented at local level. The Committee notes the Government’s response which indicates the efforts made to enhance the vertical and hierarchical management of production safety supervision and the regulatory system. The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure coordination between the various authorities and bodies responsible for OSH, both at central and local government levels, with reference to the 2009 comments by the ITUC; and to provide further information regarding the composition, mandate and coordinating functions of the China Occupational Safety and Health Association. The Committee also asks the Government to provide information on any measures taken to encourage officials at the national, provincial and municipal levels to strengthen collaboration among Government entities in the development of preventive measures, including promotional campaigns based on information-sharing and other coordination mechanisms.

Article 18. First-aid arrangements. The Committee notes that the Government has indicated measures taken to deal with emergencies and accidents in the workplace. The Committee further notes the statement by the ITUC that many enterprises have no basic effective safety procedures or equipment and that prevention, control and emergency measures are lacking. With reference to the 2009 comments by the ITUC, the Committee asks the Government to provide further information on the measures taken or envisaged to require employers to provide for adequate first-aid arrangements to deal with emergencies and accidents.

Article 19(d). Provision of appropriate training and information on OSH. Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes the reference made by the Government to the legal requirements provided for in sections 21 and 22 of the Law on Production Safety, and section 31 of the Law on Occupational Diseases, on the application of Article 19(d) to workers, but notes that limited information is provided on the application of Article 20 outside of the requirements under section 72 of the Law on Production Safety concerning cooperation with rescue efforts. The Committee also notes the statement by the ITUC that, in practice, many workers are unaware of the risk of occupational diseases and most are never informed of potential hazards at their workplace, and that this is the case, for example, as regards chemical processing workers, who are mostly migrant workers from the inner provinces, and who do not receive information about the chemicals and hazards they face at work. The Committee notes the response by the Government which indicates that SAWS has developed the “Outline for the development of safety culture during the 11th five-year period” focusing on the building of a safety culture in enterprises and which includes intensified training for persons in charge of enterprises, persons in charge of safety administration, and special operational staff. With reference to the foregoing and the 2009 comments by the ITUC, the Committee asks the Government to provide further information on the application of Article 19(d) to workers’ representatives in the undertaking; and on the cooperation between management and workers and/or their representatives within the undertaking as required under Article 20.

Part V of the report form. Application of the Convention in practice.
1. Workplace accidents. The Committee welcomes the information provided by the Government, which indicates that the total number of accidents and deaths throughout the country has decreased for seven consecutive years as a result of a series of major policies and measures adopted by China for strengthening production safety, including intensified legislation and law enforcement to guarantee the life and safety of persons involved. The Committee also notes the Government’s recognition that serious problems of unlawful or illicit production practices have not been stopped in spite of repeated efforts to prohibit such practices, and that this can be associated with the lack of effective enforcement of the laws that prohibit such practices, and is also due to serious problems of corruption. With regards to coal mining, the Committee notes that the Government has adopted measures to firmly eliminate backward coal production entities and to combat illegal mining, and that the number of accidents that led to more than ten deaths has reduced from 75 in 2000 to 20 in 2009, down 73.3 per cent. The ITUC states that SAWS reported a 15 per cent reduction in the number of deaths caused by work-related and traffic accidents since China ratified the Convention in 2007. As regards issues related to OSH in the construction industry and in relation to hazardous chemicals, the Committee refers the Government to its comments this year concerning the application by China of the Safety and Health in Construction Convention, 1988 (No. 167), and the Chemicals Convention, 1990 (No. 170).

2. Occupational diseases. The Committee notes the communication by the ITUC which states that China officially recorded 14,296 cases of occupational diseases in 2007, although according to the World Health Organization there were actually some 690,858 cases by the end of 2007, of which 90.8 per cent (627,405 cases) were pneumoconiosis – the leading occupational illness in China today, primarily affecting miners, sandblasters and metal grinders. The Committee notes the response provided by the Government which indicates the development by the State Council of the National Occupational Disease Prevention and Control Plan (2009–15) which comprehensively analyses the current situation on prevention and treatment of occupational diseases in China and provides guiding ideology, basic principles and targets to achieve. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and causes of occupational accidents and diseases reported.

3. Scope of the application of the Convention in practice. The case of gemstone processing. In addition to what is stated above, the ITUC, with reference to the gemstone processing sector, states that, as a result of local government seeking to attract investment, more factories are planning to move to remote areas where law enforcement is more relaxed. The ITUC states that, with poor OSH awareness, workers will be vulnerable to unscrupulous employers. With reference to the 2009 comments by the ITUC, the Committee asks the Government to provide further information on the application of the Convention in the gemstone processing industry.

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.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the comprehensive first report submitted by the Government including copies of relevant national legislation. The Committee also notes the observations submitted by the International Trade Union Confederation (ITUC) concerning the application of the Convention in China transmitted to the Government on 1 October 2009 to which the Government has not yet responded. The Committee will examine this report, including the observations by the ITUC as well as any comments the Government may deem relevant to make thereon, at its next session in 2010.