Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - China - Hong Kong Special Administrative Region (Ratification: 1997)

1. The Committee notes the detailed information contained in the Government’s reports and the attached information.

2. Article 1 of the Convention. Scope of application. The Committee notes that, in accordance with undertaken obligations pursuant to the Convention, national legislation applies to air pollution in all branches of economic activity and the following branches have been excluded: agriculture, animal husbandry, forestry, fishing and shipping. The Committee requests the Government to provide information on the position of its law and practice in respect of the particular branches excluded.

3. Article 2, paragraph 2. The position in law and practice to noise pollution. The Committee notes the Government’s information provided that, with respect to noise pollution, the Labour Department provides advice to employers and workers and that the Factories and Industrial Undertakings (Noise at Work) Regulations provide that personal protective equipment (hearing protectors) when the noise level of 90 dB(A), or the peak level of 140 dB(B). The Committee requests the Government to continue to provide information on hazards excluded from the application of the Convention including, if possible, also as regards vibration.

4. Articles 4 and 5. National legislation and tripartite consultation. The Committee notes that several legislative amendments have been adopted to ensure the application of the Convention and notes the Government’s statement that tripartite consultations are ensured through 12 safety and health committees set up under the Occupational Safety and Health Council. The Committee asks the Government to continue to provide information on measures undertaken in tripartite consultations.

5. Article 6, paragraph 2. Shared workplaces. The Committee notes that section 6 of the Occupational Safety and Health Ordinance provides that the occupier of a workplace where two or more employers undertake activities simultaneously shall ensure that they all collaborate in order to ensure occupational safety and health. The Committee requests the Government to provide additional information on measures taken or envisaged to prescribe general procedures for this collaboration.

6. Article 8. Exposure limits. The Committee notes with interest that the Labour Department issued in April 2002, under section 7A(1) the Factories and Industrial Undertakings Ordinance, a “Code of practice on control of air impurities (chemical substances) in the workplace”, setting occupational exposure limits of air pollution and providing guidance for maintaining workplace atmospheres free from hazardous air pollution. The Committee requests the Government to provide information in its next report on the exposure levels adopted for air pollutants and on measures taken or envisaged to revise the exposure limits of air pollution regularly in the light of current national and international knowledge and data.

7. Articles 9 and 10. Working environment free from hazards and personal protective equipment. The Committee notes the technical measures adopted to ensure that the working environment is free of hazards from air pollution, among them section 12(3)(a) and (b) of the Occupational Safety and Health Regulation (adequate ventilation), section 33 of the Factories and Industrial Undertakings Regulation (adequate ventilation), section 3 of the Factories and Industrial Undertakings (Blasting by Abrasives) Special Regulations (prohibiting the use of sand or other material containing free silica), section 5 of the Factories and Industrial Undertakings (Electrolytic Chromium Process Regulations) (mechanical exhausts), section 42 of the Construction Sites (Safety) Regulations (adequate ventilation), and sections 7 and 8 of Factories and Industrial Undertakings (Asbestos) Regulations (prevention of exposure and air monitoring). It notes that, when these measures do not bring air pollution within the limit specified in Article 8 of the Convention, section 12 of the Factories and Industrial Undertakings (Dangerous Substances) Regulation, section 5 of the Factories and Industrial Undertakings (Confined Spaces) Regulation (breathing apparatus), and section 14 of the Factories and Industrial Undertakings (Dry Batteries) Regulations provide for personal protective equipment to be provided to the workers. The Committee asks the Government to continue to provide information on any technical or organizational measures undertaken to ensure that the working environment is kept free from any hazard due to air pollution and to provide information on how this protective equipment is maintained.

8. Article 11. Alternative employment. The Committee notes the Government’s statement that, for workers where continued assignment to work involving exposure to air pollution is found medically inadvisable, and suitable employment cannot be provided, the worker concerned will be able to maintain her/his income through the social security scheme if she/he has been a resident of Hong Kong for at least seven years, but that this residence requirement does not apply to persons below the age of 18 years. The Committee requests the Government to provide information on efforts made to ensure that, when continued exposure to air pollution is medically inadvisable for a worker who has not resided in Hong Kong for seven years, the worker will be enabled to maintain her/his income.