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

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

Other comments on C155

Observation

Direct Request

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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).