Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (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.]