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Safety and Health in Construction Convention, 1988 (No. 167) - Macau Special Administrative Region (RATIFICATION: 2003)

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Previous comment on Conventions Nos. 148, 155 and 167Previous comment on Convention No. 115

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 167 (safety and health in construction) together.

Legislation. The Committee notes the Government’s reiterated statement, in its report, in response to the Committee’s previous request, that it is still in the process of reviewing its existing regulations on OSH in industrial and commercial establishments and on construction sites, with a view to consolidating them and to elaborating a Regulation on OSH with a general scope of application. The Government states that, in light of great public concerns about OSH in the construction industry, the adoption of the Act on OSH in the construction sector is considered a priority, and that this obtained the general approval by the Assembly of the Legislative Council at its plenary meeting on 20 April 2022. The draft Act is now undergoing detailed review by the First Standing Committee of the Legislative Council. The Committee strongly urges the Government to take the necessary measures to ensure that the Regulation on OSH and the Act on OSH in the construction sector are finalized and adopted in the near future, ensuring that full effect is given to a number of provisions of ratified OSH Conventions, including Articles 11(b) (on the determination of work processes, substances, and agents to be prohibited, limited, or made subject to authorization) and 18 (on measures to deal with emergencies and accidents) of Convention No. 155, as well as Article 1 (on the application of the Convention to all branches of economic activity) of Convention No. 148.

Application in practice of Conventions Nos 115, 148, 155 and 167. The Committee notes the Government’s reference to the annual inspection reports and analysis of occupational accidents published on the website of the Labour Affairs Bureau (DSAL), which contain detailed statistical information on inspections conducted (including special inspection visits on construction sites), penalties imposed related to OSH violations, occupational accidents and diseases reported, and the payment of occupational accident claims. The Committee also notes that the statistics regarding occupational accidents indicate a decreasing trend, from 7,309 cases in 2016 to 4,878 in 2021. The highest number of accidents occurs in the sectors of culture, gambling and services, the hotel and restaurant sector, as well as construction. In particular, more than half of accidents resulting in death and long-term incapacity take place in construction. The Committee further notes that very few occupational diseases were reported: three in 2019, two in 2020 and two in 2021. The Committee requests the Government to continue to provide information regarding the application of Conventions Nos 115, 148, 155 and 167 in practice, including relevant statistical information and the measures taken or envisaged to develop various OSH policies and measures.

A.General provisions

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

Article 12 of the Convention. Duties of those who design equipment or substances for occupational use. The Committee previously noted the Government’s indication that effect would be given to this provision of the Convention in the context of the ongoing legislative revision on OSH. The Committee observes that the envisaged revision of the OSH regulations, as described by the Government in its report, would impose duties on employers or contractors rather than those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee also notes an absence of information regarding measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information and instructions (as required under Article 12(b) of the Convention); and undertake, in accordance with Article 12(c), the studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations set out in Article 12(a) and (b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; (ii) make available information concerning the correct installation and use of machinery and equipment, and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided; and (iii) undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention. It requests the Government to provide further information on the measures taken or envisaged in this regard.

Articles 13 and 19(f). Protection of workers in situations which the worker has reasonable justification to believe presents an immediate and serious danger. Further to its previous comment, the Committee notes the Government’s information on the protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Government refers to sections 9.3, 11.1(4) and (8) and 12 of the Act on Labour Relations which require the employer to provide good working conditions, and require workers to respect orders and instructions received unless contrary to their rights, as well as to collaborate with the employer on OSH. The Government indicates that, if the employer has not taken effective measures or provided personal protective equipment to ensure their safety, workers have the right to refuse to perform their duties. The Government states that an employer cannot order or direct an employee to carry out work without providing sufficient OSH conditions, including the provision of personal protective equipment. Otherwise, workers have the right to refuse to perform these duties without prejudice or penalty for their refusal. The Committee notes the general obligation on an employer to provide good working conditions as required by the Act on Labour Relations, but observes an absence of specific legislative provisions relating to Articles 13 and 19(f) of the Convention. The Committee requests the Government to provide information on the specific measures taken to ensure protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health in all sectors.Further, noting the Government’s indication that if an employer prevents workers from exercising their rights in any way, the DSAL will initiate penalty proceedings against the employer in accordance with section 10.1, in conjunction with section 85.1(2) of the Act on Labour Relations, the Committee requests the Government to indicate whether any proceedings have been initiated by the DSAL relating to the protection foreseen by Articles 13 and 19(f) of the Convention.

Article 17. Collaboration between two or more employers present in the same workplace. Further to its previous comments, the Committee notes the Government’s explanation that the reason for legal requirements for collaboration between several employers at the same workplace only in the construction industry (section 1(2) of Law Decree No. 44/91/M) is that there are few cases of multiple employers in the same workplace in other sectors. The Government indicates that, in practice, in sectors other than the construction industry, if there are multiple employers in the same workplace, the DSAL will liaise with the owner or the principal person in charge of the workplace concerned to coordinate the collaboration among the employers on OSH matters, to ensure that the workers work in compliance with the OSH legislation. The Committee requests the Government to provide further information on the measures envisaged, including in the context of the development of the Regulations on OSH to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention.

Article 19(d). Measures to ensure that workers’ representatives are given appropriate OSH training. The Committee previously noted the Government’s reference to the provisions of existing legislation on the obligations of the employer or contractor to provide OSH training to employees. The Committee notes the Government’s response to its previous request on training for workers’ representatives that, regardless of whether the worker is a worker’s representative or not, as long as he or she is an employee of the enterprise concerned, the employer or the contractor shall provide OSH training in accordance with the relevant legislation. The Committee takes note of this information which responds to its previous request.

B.Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and (2), 6, 7(1) and 8 of the Convention. Fixing of maximum permissible doses and amounts of ionizing radiation. The Committee notes the Government’s response, in its report, to its previous request regarding the review of the maximum permissible doses, in light of current knowledge and taking into consideration the 2015 general observation. In particular, the Government indicates that the adoption process of the Regulations on OSH was delayed due to the priority given to the amendment to OSH Regulations in the construction sector. The Government states that, when determining the maximum permissible doses and amounts of ionizing radiation in the draft Regulations on OSH, both the maximum permissible doses adopted by the International Commission on Radiological Protection (ICRP) and the local circumstances will be taken into consideration, including the types of work related to ionizing radiation and the types of radiation sources, as well as the effective doses for the whole body, abdomen and pregnant women. The Committee requests the Government to take the necessary measures to ensure the maximum permissible dose is reviewed during the adoption of the Regulation on OSH in the near future, in light of current knowledge and taking into consideration the 2015 general observation, and to provide information on any progress made in this regard.

Article 12. Medical examination of workers directly engaged in radiation work. With reference to its previous request for information concerning the adoption of draft regulations that would give effect to this provision, the Committee notes that the Government once again refers to the draft Regulations on OSH which will provide for the frequency and type of medical examinations to be performed for workers exposed to radiation. The Committee requests the Government to take the necessary measures to ensure that the Regulations on OSH containing provisions giving effect to Article 12 of the Convention are adopted in the near future, and to provide information on any progress made in this regard.

Article 13. Measures to be taken promptly in certain circumstances because of the nature or degree of the exposure. Examination of working conditions by competent persons. Remedial actions taken by the employer. Further to its previous comment, the Committee notes the Government’s indication that, in the context of the draft Regulations on OSH, consideration will be given to imposing an obligation on employers to deploy staff to measure the exposure of workers to radiation on a regular basis, and to ensure that equipment that generates ionizing radiation must be installed, repaired, maintained and tested by qualified persons. The draft Regulations will also contain provisions related to the storage location of radioactive substances, collective protection measures and individual protection equipment. The Committee requests the Government to take the necessary measures to ensure that the Regulations on OSH which contains provisions giving full effect to Article 13 of the Convention are adopted in the near future, in particular, specifying that, because of the nature or degree of the exposure, action shall be taken promptly so that competent persons shall examine the conditions in which the worker’s duties are performed (Article 13(c)) and that the employer takes any necessary remedial action on the basis of the technical findings and the medical advice (Article 13(d)).

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Further to its previous comment, the Committee notes the Government’s reference to sections 47.1(a) and (b) and 55 of Decree No. 40/95/M, which apply to workers temporarily incapable of performing work, due to an occupational accident or disease. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no worker shall be employed or shall continue to be employed in work with exposure to ionizing radiation contrary to qualified medical advice, including in situations before any abnormalities or occupational diseases have been detected.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4(2) and 8 of the Convention. Technical standards. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes the Government’s response, in its report, to its previous request regarding the establishment of criteria and exposure limits for air pollution and vibration in the working environment. The Government refers to the need to carry out adequate research and public consultation, in particular regarding the views of the sectors concerned on relevant technical standards, in order to obtain sufficient scientific data for the formulation of relevant criteria. The Government also indicates that, in practice, the DSAL uses Macao Indoor Air Quality Guidelines for General Public Places and the National Standard of the People's Republic of China "Indoor Air Quality Standard" (GB/T1883-2002) as the basis for monitoring harmful gases and air pollution in the workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 8(1) – (3) of the Convention, by establishing criteria for determining the hazards of exposure to air pollution and vibration in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria. It also requests the Government to provide information on the developments in this regard, including the relevant technical expertise that it has drawn upon in the elaboration of criteria and the determination of exposure limits.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. Further to its previous comment, the Committee notes the Government’s indication that the inspection committees, comprising representatives from the Economic and Technology Development Bureau, DSAL, Fire Services Bureau, Urban Services Department and Health Bureau, carry out inspections of the new factories within their respective competence, including with regard to fire prevention, OSH and environmental protection conditions. At the same time, the relevant departments continue to monitor established factories or work processes to ensure that the safety measures are implemented and enforced in accordance with the law. The Committee takes note of this information which responds to its previous request.

Article 10. Working without personal protective equipment. Further to its previous comment, the Committee notes that Government’s indication that several provisions of OSH-related laws and regulations provide for the obligation of employers to provide personal protective equipment, in order to ensure the safety of workers. The Government refers to sections 9(3), 11(1)(4) and 12 of the Act on Labour Relations, indicating that the general obligation of employers to provide good working conditions of hygiene and safety encompasses the obligation to provide personal safety equipment, and that workers have the right to refuse to work if such protective equipment is not provided. The DSAL applies appropriate sanctions to employers concerned, in accordance with the law where violations are detected. Noting an absence of provisions which explicitly refer to an obligation to provide personal protective equipment, the Committee requests the Government to provide information on the measures taken, including in the context of the development of the Regulations on OSH, to ensure that employers shall provide and maintain suitable personal protective equipment in situations where air pollution, noise and vibration is not within the limits specified.

Article 15. Competent person appointed by the employer or use of outside service. Further to its previous comment, the Committee notes the Government’s indications on the application of this Article in sectors other than construction. The Government states that the existing legislation does not provide for the general obligation of employers to appoint competent persons or qualified service providers to deal with matters relating to the prevention and control of air pollution, noise and vibration in the work environment. However, to achieve the objective of preventing work hazards, the DSAL will continue to strengthen its efforts in promoting OSH compliance in all sectors, and encourage employers to appoint qualified personnel or qualified service providers in this regard. The Committee requests the Government to continue to provide information on any measures taken or envisaged to ensure the appointment of a competent person or use of outside services by employers to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment, including through the adoption of relevant legislation.

C.Protection in specific branches of activity

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

Articles 16(1)(d) and 17 of the Convention. Operation of vehicles and earth-moving or materials-handling equipment by workers who have received appropriate training. Plant, machinery, equipment and hand tools. Further to its previous comment, the Committee notes the Government’s reference, in its report, to the draft Act on OSH in the construction sector, which provides for a general requirement that the testing, examination, inspection and preparation of construction plans for machinery, installations, tools, equipment, engineering structures and specific processes shall be carried out by appropriately trained and experienced engineers or personnel designated by the contractor. Moreover, the draft Act provides for the adoption of supplementary administrative rules, which will specify relevant technical standards for machinery, tools, equipment and work processes as necessary. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 16(1)(d) and 17 of the Convention.

Article 21. Work in compressed air. Further to its previous request, the Committee notes the Government’s reference to the draft Act on OSH in the construction sector and its supplementary administrative rules, which require that: (i) before working in a confined space with higher atmospheric pressure, a hazard assessment must be conducted and a work permit issued by a designated person with appropriate training and relevant work experience; (ii) before entering the confined space, appropriate measures must be taken to prevent adverse bodily reactions caused by the high pressure of the compressed air; and (iii) safety measures must be observed, such as arranging for first aid personnel to be present and specifying a safe working time limit. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 21 of the Convention.

Article 23. Work over water. Further to its previous comment, the Committee notes the Government’s indication that the draft Act on OSH in the construction sector requires contractors to ensure that equipment is in a fit and proper condition for the work, and does not pose a risk, including transport equipment used on water. Accordingly, contractors are obliged to ensure that the equipment is safe and suitable for use in water operations. In addition, draft supplementary administrative rules require contractors to: (i) take measures to prevent workers from falling into the water when construction work is carried out on or adjacent to water; (ii) provide appropriate life-saving equipment, in particular life jackets and life buoys, if such measures are not effective in preventing the risk of drowning; and (iii) arrange for the presence of persons responsible for rescuing drowning victims. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Acton OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 23 of the Convention.

Article 27(b). Handling of explosives by a competent person. Further to its previous comment, the Committee notes the Government’s indication that the draft Act on OSH in the construction sector provides for an obligation for contractors regarding materials on construction sites and work locations, including explosives: (i) to conduct safety assessments of the working environment and processes; and (ii) to develop and adopt safety measures to protect the lives, physical integrity and health of workers and others. In addition, the draft supplementary administrative rules also contain a series of safety measures on the use of explosives for demolition, including: (i) the use of explosives for demolition requires the prior approval of the competent public authority; (ii) the demolition is to be carried out by a designated person with appropriate training and experience in the relevant field of work; (iii) the demolition is to be carried out by a designated civil engineer and led by a designated person; and (iv) the workforce and other persons should be in a safe place and appropriate signals should be given before demolition using explosives. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 27(b) of the Convention.

Article 28. Prevention of health hazards. Further to its previous comment, the Committee notes the Government’s indication that the provisions of the Convention were taken into consideration during the elaboration of the draft Act on OSH in the construction sector, such as the obligation of contractors to ensure that appropriate construction methods are used to avoid and reduce hazards, and to adopt protective measures, including collective protection measures and personal protective equipment, if hazards cannot be completely avoided. The specific requirements of the protective measures will be regulated by supplementary administrative rules, which intend to specify the types of personal protective equipment that must be used by workers when carrying out work exposed to physical, chemical, biological and electrical hazards. The Committee requests the Government to continue to provide information on the progress made regarding the adoption of the Act on OSH in the construction sector and its supplementary administrative rules, ensuring that it gives full effect to Article 28 of the Convention.

Article 33(2). Training. Further to its previous comment, the Committee notes the Government’s indication on the implementation and impact of the System of Construction Occupational Safety Cards and other training provided to both workers and employers in the construction sector. Accordingly, during the reporting period, a total of 215,949 persons were trained, of whom 205,701 were issued with Construction Occupational Safety Cards. As of 31 May 2022, there were 132,999 holders of valid cards. Moreover, the Construction Safety Specific Training Scheme was launched in June 2018, in order to provide training courses on work-at-height, use of electricity, work in confined spaces, inspection and safe operation of lifting appliances, among others. Workers who have completed the above specific training and passed the examination are issued with a Construction Safety Specific Training Certificate. Since the launch of the Scheme, it has gained popularity in the industry with an increasing number of frontline practitioners enrolling in the relevant courses. From its launch in 2018 to 31 May 2022, a total of 6,272 workers have attended the courses, of which 5,767 have obtained the certificate. In addition, since 2005, the DSAL and the Centre for Continuing Education of the University of Macau have jointly organized the Certificate Course for Construction Safety Supervisors, which has been completed by 1,210 persons. Since 2014, the Certificate Course for Assistant Construction Safety Supervisors has been jointly organized with the Macau Construction Safety Association, which has been completed by 1,000 people. The Committee notes the information provided by the Government, which responds to its previous request.

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In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 167 (safety and health in construction) together.

Legislation. The Committee notes the Government’s statement, in response to the Committee’s previous request, that it is still in the process of revising its existing regulations on OSH in industrial and commercial establishments and on construction sites, with a view to consolidating them. The Committee observes that, as they are set out by the Government in its reports, the draft revisions to OSH regulations would give effect to a number of provisions of the Conventions under examination, namely: Articles 11(b) (on the determination of work processes, substances, and agents to be prohibited, limited, or made subject to authorization) and 18 (on measures to deal with emergencies and accidents) of Convention No. 155; and Article 1 (on application of Convention to all branches of economic activity) of Convention No. 148. The Government states that, in light of great public concerns on OSH in the construction industry, it has prioritized the revision of Law Decree No. 44/91/M concerning Regulations on Safety and Health in the Construction Industry, and of Law Decree No. 67/92/M concerning Penalties for Violations of Building Safety and Health Regulations. The Committee strongly urges the Government to take the necessary measures to ensure that the revision of the general regulations on OSH and the regulations on OSH in the construction industry are finalized in the near future. In addition, the Committee requests the Government to take into account the following points.

A. General provisions

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

Article 12 of the Convention. Duties of those who design equipment or substances for occupational use. The Committee previously noted the Government’s indication that effect would be given to this provision of the Convention in the context of the ongoing legislative revision on OSH. The Committee observes that the envisaged revisions to the OSH regulations, as described by the Government in its report, would impose duties on employers or contractors rather than those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee also observes an absence of information regarding measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available the information and instructions contemplated under Article 12(b) of the Convention; and undertake, in accordance with Article 12(c), the studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided; and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of Article 12 of the Convention. It requests the Government to provide further information on the measures taken or envisaged in this regard.

Articles 13 and 19(f). Protection of workers in situations which the worker has reasonable justification to believe presents an immediate and serious danger. The Committee notes the information, provided by the Government in response to its previous request, concerning Articles 13 and 19(f), which refers to the obligations of employers under sections 9(3), 10(1) and 12(1) of the Law No. 7/2008 on Labour Relations (Labour Relations Law) and the obligations of workers under section 11(4) and (8) of the Labour Relations Law. The Committee notes, however, an absence of information regarding the protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee therefore requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention.

Article 17. Collaboration between two or more employers present in the same workplace. The Committee observes that the Government reiterates that it has only laid down collaboration requirements between several employers at the same workplace in the construction industry (section 1(2) of Law Decree No. 44/91/M). It notes the Government’s statement that it would actively consider the suggestions of the Committee regarding Article 17 of the Convention, and keep it informed of relevant legislative developments in subsequent reports. Recalling that the requirement of collaboration between employers engaging in activities simultaneously at one workplace, under Article 17 of the Convention, applies to all workplaces, the Committee requests the Government to take the necessary measures to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention.

Article 19(d). Measures to ensure that workers’ representatives are given appropriate OSH training. The Committee notes the Government’s reference to the provisions of existing legislation on the obligations of the employer or contractor to provide OSH training to employees. The Committee requests the Government to provide information regarding measures taken to ensure that workers’ representatives are also covered by arrangements at the level of the undertaking under which appropriate training in OSH has to be given, in accordance with Article 19(d) of the Convention.

Application in practice. The Committee notes the statistics provided by the Government, regarding the numbers of inspections conducted by the Legal Affairs Bureau between June 2010 and May 2015, the number of occupational accidents between June 2010 and March 2015, the amount paid in Macau Pataca for occupational accident claims between 2010 and May 2015, the number of punishments related to OSH violations between June 2010 and May 2015, and the cases of occupational diseases based on court judgments between June 2010 and 2014. In addition, the Committee notes that the Legal Affairs Bureau publishes a number of statistics on its website, including statistics on occupational accidents and occupational diseases based on final court decisions. The Committee observes that the statistics on occupational accidents for the first two quarters of 2018 listed 3,435 cases of accidents, resulting in 3,424 instances of temporary incapacity, three instances of permanent incapacity and eight deaths out of which three were related to violations of OSH regulations. The Committee also notes the Government’s statement that it would collect comments and suggestions from industries and develop various policies and measures on OSH at the appropriate time, with a view to preventing occupational accidents and diseases. Noting the number of occupational accidents, the Committee urges the Government to, without delay, take the measures referred to above with respect to the development of OSH policies and measures with a view to preventing occupational accidents and diseases. The Committee requests the Government to continue to provide information regarding the application of this Convention in practice, including further statistics on occupational diseases, and the manner in which it has requested input from industries to develop various OSH policies and measures.

B. Protection from specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee notes the Government’s indication that, in respect of air pollution, the proposed revision to the regulations on OSH would provide for technical standards on exposure limits as well as operational procedures for the control of engineering and processes. It also notes the Government’s statement that the Legal Affairs Bureau would carry out in-depth research and thorough analysis on the issue of vibration so as to set applicable standards. The Committee requests the Government to continue to provide information on any developments in respect of the research and studies undertaken to examine the need for technical standards regarding vibration.

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. Noting the Government’s indication that it would take into account the Committee’s previous comments in the ongoing revision of its OSH regulations, and with reference to its comments above on the application of Article 17 of Convention No. 155, the Committee requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, and to provide information on any developments in this regard.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. Noting the Government’s indication that it would take into account the Committee’s previous comments in the ongoing revision of its OSH regulations, the Committee requests the Government to take the necessary measures to give full effect to Article 8(1)–(3) of the Convention, by establishing criteria for determining the hazards of exposure to air pollution and vibration in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria. It requests the Government to provide information on the developments in this regard, including the relevant technical expertise that it has drawn upon in the elaboration of criteria and the determination of exposure limits.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. The Committee notes the Government’s indication that the proposed revision of the regulations on OSH would ensure that the regulations apply to both new and old plants and processes, in accordance with Article 9 of the Convention. It also notes the Government’s indication that, pursuant to the prohibition on smoking in workplaces under section 4(8) of Law No. 5/2011 on the Regime for Prevention and Control of Tobacco Use, workers will be protected from hazards related to second-hand smoking in the workplace. The Committee requests the Government to provide further information on the manner in which full effect is given to Article 9 of the Convention, including the manner in which the revision of the OSH regulations ensures the full application of this Article.

Article 10. Working without personal protective equipment. In its previous comments, the Committee requested further information regarding measures taken to ensure that the employer shall not require a worker to work without the personal protective equipment provided in accordance with Article 10 of the Convention. In this respect, the Committee notes the Government’s indication that, pursuant to sections 9(3) and 12 of the Labour Relations Law, employers are required to provide good working conditions for workers and that work must be carried out in good conditions of hygiene and safety, in workplaces that fulfil the conditions stipulated by law or regulations. Nonetheless, the Committee observes that the Government does not refer to any provisions providing that employers shall not require workers to work without personal protective equipment. The Committee requests the Government to take the necessary measures to give full effect to Article 10 of the Convention, and to provide information on the steps taken in this respect.

Article 15. Competent person appointed by the employer. The Committee notes the Government’s indication that, in the course of revising Law Decree No. 44/91/M, it would include provisions requiring employers to appoint at least one safety supervisor where 20 or more workers undertake work at the same construction site, and at least one safety officer where there are 100 or more workers at the same construction site. The Government indicates that the main duties of the safety officer would be to assist the contractor in ensuring the health and safety of workers at the workplace, including handling matters pertaining to air pollution, noise and vibration, and that the main job of the safety supervisor would be to assist the safety officer and the contractor in protecting the safety and health of workers. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that full effect is given to Article 15 of the Convention, including information on any measures taken in working environments other than construction sites.

C. Protection in specific branches of activity

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

Articles 16(1)(d), 17, 21 and 23 of the Convention. Operation of vehicles and earth-moving or materials-handling equipment by workers who have received appropriate training. Plant, machinery, equipment and hand tools. Work in compressed air. Work over water. In its previous comments, the Committee noted the Government’s indication that the ongoing process of revising legislation in the area of OSH would ensure compliance with Articles 16(1)(d) and 17 of the Convention and that consideration would be given to adopting the legislation with respect to the subjects covered by Articles 21 and 23 of the Convention. Noting an absence of further information regarding the application of these provisions in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that full effect is given to Articles 16(1)(d), 17, 21 and 23 of the Convention, and to provide further information regarding the measures taken or envisaged in this regard.

Article 27(b). Handling of explosives by a competent person. The Committee notes the Government’s indication that the new draft of the revised OSH regulations stipulates that explosives shall not be used except by a qualified person or a skilled worker under the supervision of a qualified person, and that measures shall be taken to ensure that workers and the public are not exposed to hazards. The Committee requests the Government to take the necessary measures to ensure that full effect is given to this Article of the Convention, including the requirement that explosives shall not be stored, transported, or handled except by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

Article 28. Prevention of health hazards. The Committee notes the Government’s statement that the draft of the revised OSH regulations would require gloves to be used and appropriate methods to be taken to dispose and discard biological infectious articles, and would prohibit eating in workplaces where biological hazards exist. The Government also indicates that pursuant to the new draft of the regulations, an employer would be required to take appropriate measures to ensure that workplaces are free from any hazard which is liable to be dangerous to workers’ lives, physical safety or health. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention in the near future, and that the preventive measures it envisages include not only biological hazards but also chemical and physical hazards, and cover all the elements in Article 28(2)(a)–(c), (3) and (4) of the Convention.

Article 33(2). Training and application in practice. With regard to its previous request for information on the causes for increased levels of claims for compensation raised in the area of construction, the Committee notes the information provided by the Government regarding the rapid rise in the number of workers in the construction sector between 2005 09, as well as the time-pressed construction projects with complicated work processes, which resulted in an increase in the number of cases of occupational accidents in the sector. It also notes the adoption of Law No. 3/2014 on Regulations concerning Occupational Safety Cards in the Construction Industry, which requires workers to register for basic courses on operational safety in construction or to take the relevant public examinations, with a view to obtain mandatory cards for employment in construction. The Government indicates that the Legal Affairs Bureau has been providing assistance to businesses, institutions and professional groups, including training courses in the context of the System of Occupational Safety and Health Cards in the construction sector, single subject training courses on OSH and promotional events on safety in construction. The Committee notes the Government’s statement that there were 125,844 holders of valid construction safety cards by 31 May 2015, and 45,056 persons enrolled in training courses on construction safety cards between 6 October 2014 and 31 May 2015. The Committee further notes the Government’s indication that the Legal Affairs Bureau has carried out inspections and surprise inspections of all construction sites at irregular intervals. In addition, the Committee takes note of the statistics regarding occupational accidents in the construction industry, published on the website of the Legal Affairs Bureau, which indicate that the number of occupational accidents has decreased between 2015 17 (2014: 1,269; 2015: 1,369; 2016: 1,054; 2017: 770). The Committee requests the Government to continue to provide information regarding the application of the Convention in practice, including further information on the implementation and impact of the System of Occupational Safety and Health Cards in the construction sector.

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The Committee notes the information concerning the adoption of Administrative Regulation No. 11/2009 amending the rules Relating to Security Installation on Gas Appliances with High Powers and the reference made to Law No. 6/99/M regulating the Use of Urban Real Estates; Administrative Regulation No. 25/2002, approving the Regulation for Construction and Operation of Gas stations; and Administrative Regulation No. 26 approving Regulations for Power Substations, Transformer Station and Insulation Substations. The Committee also notes the further information provided regarding effect given to Articles 16(2(b)). Safe operation of construction sites; 20(1(b)). Construction of cofferdams and caissons; 22. Structural frames and formwork; 24(a) Appropriate precautions in demolition work; 26(1) Electricity, and 29. Fire precautions in current legislation. With reference to its previous comments the Committee notes the information that the process of revising legislation in the area of occupational safety and health, inter alia to ensure compliance with the provisions of the Convention including Articles (16(1(d)), 17(1-3), 21 and 23 and to provide for the referenced System of Occupational Safety and Health Cards, is still ongoing. The Committee requests the Government to provide it with a copy of all relevant new legislation as soon as it has been adopted and to keep it informed of any related developments.

Article 27(b). Handling of explosives by a competent person. The Committee notes the information that according to the provisions of Section 11 (use of explosives) of the current Charter for Safety and Health in Construction, approved by Law/Decree 44/91 the use of explosives for demolition is restricted to well justified cases and with prior approval of the competent authority, but that the new regulations will include provisions concerning the definition as well as manufacturing, handling and use of explosives. In the context of this ongoing revision the Committee requests the Government to include provisions to ensure compliance with the requirement in this provision of the Convention that explosives shall only be stored, transported, handled or used by a competent person.

Article 28. Prevention of health hazards. The Committee notes the detailed information regarding existing provisions for the prevention of health hazards of workers engaged in construction in the current Charter for Safety and Health in Construction approved by Law-Decree 44/91/M and Law-Decree No. 34/93/M Legal System Applicable to Professional Noise. It also notes the reference made to provisions to be included in the draft legislation in process concerning, inter alia, the quality of air, vibrations and ionizing and non-ionizing radiation. The Committee further notes the indication that in so far as biological hazards are concerned, no legislation has been adopted so far and that no such legislation is foreseen although the Government indicates that it will examine the matter. The Committee requests the Government to provide further information on measures taken to ensure full compliance with Article 28 of the Convention.

Part IV of the report form. Application in practice. The Committee welcomes the detailed information provided regarding the progress report concerning activities 2005–09 of the labour inspectorate and of the Department of Occupational Safety and Health progress report for 2003. In this regard, the Committee notes, inter alia, the number of formal investigations into accidents (several of them with fatal outcome) in construction (2005: 13; 2006: 19; 2007: 47 and 2008: 26) and the significant increase the number of workers raising claims for compensation in construction (2005: 330; 2006: 1,202; 2007: 1,727; 2008: 2,023; and 2009: 3,291). The Committee requests the Government to provide further information on measures taken to examine the impact of measures taken in the cases of accidents investigated and on the causes for the increased levels of claims raised in the area of construction. The Committee also requests the Government to continue to provide similar detailed information, including statistical information on occupational accidents and diseases.

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1. The Committee notes the information provided in the two Government reports. It wishes, however, to bring the Government’s attention to the following points.

2. Article 21 of the Convention. Work in compressed air; Article 22. Structural frames and formwork; Article 23. Work over water. The Committee notes that, according to the Government’s report, no legislation exists covering these Articles of the Convention. The report also states that the provisions of the Regulations on health and safety in civil construction are regularly revised and updated, and that the situations envisaged by Articles 21, 22 and 23 of the Convention are being studied and will be duly taken into account at the time of the next revision. In this regard, the Committee hopes that the new legislation will also contain provisions allowing for the full application of the following Articles: Article 16, paragraph 1(d). Transport, Earth-moving and materials-handling equipment; Article 16, paragraph 2(b). Organization of traffic on construction sites; Article 17, paragraph 1. Plant, machinery, equipment and hand tools; Article 17, paragraphs 2 and 3. Instructions relating to plant, examination of pressure plant and equipment; Article 20, paragraph 1(b). Cofferdams and caissons; Article 24(a). Demolition work; Article 26, paragraphs 1 and 3. Electricity; Article 27. Explosives; Article 28, paragraphs 1, 2 and 3. Health hazards for workers; Article 29. Fire precautions. The Committee requests the Government to keep it informed of any developments in this regard and to communicate a copy of the revised text as soon as it has been adopted.

3. Part III of the report form. The Committee notes the information that a card, known as the "safety card", is in the final phase of the legislative procedure. This card will be issued to all civil construction workers and, in the near future, without it they will be unable to work in this sector. Issuance of the card will depend on attendance at training sessions held by the Department of Labour and Employment. The Committee requests the Government to keep it informed of any developments concerning the legislative procedure and to provide a copy of the relevant texts as soon as they have been adopted, as well as a copy of the "safety card".

4. Part VI of the report form. Application in practice. The Committee notes the information provided in the report on the work of the Labour Inspection Department for 2002. The Committee requests the Government to continue to provide statistics, if possible disaggregated by sex, and inspection reports, as well as information on the number of workers covered by the legislation, the number and nature of contraventions reported and any information allowing the Committee to assess more accurately the manner in which the Convention is applied in practice in the country.