Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (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).