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

Further to its observation, the Committee notes the references provided by the Government in its report to the legislative efforts undertaken by the Ministry of Construction during the reporting period, including, inter alia, the Regulations on Expenses for Measures of Safety, Prevention, Protection and Civilized Operation in Construction Activities and Their Applications; the Emergency Plans for Grave Occupational Accidents in Construction; certain Additional Regulations on Strict Enforcement of the Work Safety Licensing Regime for Construction Enterprises; the Provisional Regulations on Managing the Use of Personal Labour Protection Articles in Construction; the Regulations on Supervising and Managing the Safety of Hoisting Machinery in Construction; and the issuing by the State Council in 2007 of a decree on the Rules of Reporting, Investigating and Handling Occupational Accidents. The Committee also notes the information provided by the Government on the measures taken which appear to show effect given to the following Articles of the Convention: Articles 5(2), 8(1)(b) and (c), 13, 14(2), 15(2), 16(1)(a) to (c), 17(1)(a) and (2), 18(1), 19, 20, 22, 25, 26(2), 28(2)(a) and (b), 29, 30 and 31 of the Convention. The Committee asks the Government to continue to provide information on legislative measures taken concerning the Convention.

Referring to its previous comments regarding reference by the Government to documents referred to as “Codes” as evidence of effect given to certain provisions in the Convention where effect is required to be given through laws or regulations, the Committee notes the Government’s response, which indicates that the Standardization Law of the People’s Republic of China 1988 and the Implementing Rules for the Standardization Law of the People’s Republic of China 1990 provide specific stipulations on implementation of standards, including that “compulsory standards must be complied with; with regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis”. In order to enable the Committee to assess the effect given to the Convention in the country, the Committee reiterates its request that the Government indicate whether the codes at issue are of a compulsory or voluntary nature.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s response, which refers to section 47 of the Construction Law, and section 33 of the Regulations on Work Safety in Construction, concerning the rights and obligations of workers. The Committee asks the Government to provide further information on the application of these provisions with reference to self-employed persons.

Article 2. Definitions. The Committee notes the Government’s response, which indicates that there are corresponding definitions in national laws and regulations for the concepts listed in the Convention, but that they may carry different nomenclatures. The Committee asks the Government to provide information on the relevant definitions of the terms listed under Article 2 in national law.

Article 3. Consultations with the most representative organizations of the employers and workers concerned. The Committee notes the information provided by the Government indicating that the Ministry of Housing and Urban–Rural Development of China has cooperated with the All China Federation of Trade Unions on many occasions to ensure the lawful rights and interests of construction workers. The Committee asks the Government to provide further information on consultations with the most representative organizations of employers on the measures to be taken to give effect to the provisions of this Convention.

Articles 21, 23 and 27. Work in compressed air, over water and with explosives. The Committee notes the response provided by the Government, which indicates that there are no specific provisions on work in compressed air or work over water. The Committee also notes that the Government has not provided a response regarding work with explosives. The Committee asks the Government to provide information on the measures taken or envisaged to give effect to these provisions of the Convention concerning work in compressed air, in accordance with Article 21; work over water, in accordance with Article 23; and explosives, in accordance with Article 27.

Article 32. Welfare of workers and the provision of separate sanitary and washing facilities. The Committee notes the response provided by the Government, which indicates the relevant sections under the Environmental and Sanitary Standards for Construction Sites providing for the setting up of temporary facilities on construction sites. However, the Committee notes that the Government has not indicated provisions which regulate the provision of separate sanitary and washing facilities. The Committee asks the Government to indicate the relevant provisions which give effect to the requirements of Article 32(3) on the provision of separate sanitary and washing facilities.

Part VI of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government under its report on the Occupational Safety and Health Convention, 1981 (No. 155), which indicates that, among workplace accidents, housing construction was ranked first in terms of the number of accidents and deaths, accounting for 59.5 per cent and 56.4 per cent, respectively. Accidents as a result of falling from heights are the most frequent: in 2009, there were a total of 979 accidents which killed 1,027 persons. The Government indicates that accidents as a result of structural collapse are the second most frequent cause of accidents, followed by being hit by objects, injury from machines/tools, electric shock, etc. The Committee asks the Government to indicate measures taken or envisaged to address the high number of accidents and deaths in the construction industry, and to continue to provide information on the application of the Convention in practice.