Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - China - Macau Special Administrative Region (Ratification: 1999)

The Committee notes the information provided in the Government’s report regarding effect given to Article 7(2) of the Convention. It also notes that the general regulations on occupational safety and health (OSH) in industrial establishments are still under revision but that, in addition to the detailed information examined below, the Government indicates that the revised regulations will ensure application of Articles 11 and 12 of the Convention. The Committee requests the Government to provide it with a copy of the text as soon as it has been adopted and to keep it informed of any related developments. The Committee also wishes to bring the Government’s attention to the following points.

Article 1. Scope of application. The Committee notes that current legislation does not cover workers in the industrial and commercial sectors, the service sector, the finance sector, the retail sector and the hotel and entertainment industry, but that the Government indicated in its previous report that the scope of application of current legislation was intended to be extended to these sectors of the economy in the context of the revision of the general regulations of OSH. The Committee notes that the Government’s latest report is silent in this respect. The Committee requests the Government to take all appropriate measures to give full effect to Article 1 of the Convention in the context, inter alia, of the ongoing legislative revision process.

Article 4(2). Technical standards and codes of practice. The Committee notes the information that in application of Law/Decree No. 34/83/M on the Legal System Applicable to Occupational Noises, technical codes and operational procedure have been developed, that technical standards and operational procedure for air pollution is planned once the new draft general regulations on OSH have been adopted, and that studies are to conducted to examine the need for technical standards regarding noise. The Committee requests the Government to keep it informed on any developments in this respect.

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee notes that the Government reiterates the information provided in its previous report that section 1(2) of the Charter for Safety and Health in Construction (Law Decree No. 44/91) regulates the cooperation of two or more employers in the same workplace and at present this section applies only in the construction sector. With reference to the terms of the Convention which apply more widely to all employers, the Committee requests the Government to ensure it takes this into consideration in the context to the ongoing revision of the General Regulations on OSH so as to ensure full compliance with this provision of the Convention.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes that in its response regarding paragraphs 1 and 3, the Government refers to the information provided under Article 4(2) above and to studies that it intends to undertake in this respect. As regards paragraph 2, the Committee notes the indication that the relevant institution is the tripartite Standing Commission for the Coordination of Social Affairs and that section 13 of Decree Law No. 59/97/M provides that the Committee may call upon the services of persons with technical competence. Given the crucial importance an effective implementation of these provisions may have with regard to the safety and health of workers in relation to air pollution, noise and vibrations, the Committee hopes that the Government will take appropriate measures to give full effect to these provisions in the context of the ongoing revision of the general regulations on OSH drawing upon relevant technical expertise so that the required criteria and exposure limits can be adopted without delay.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. The Committee notes the information that the set up of new plants is subject to a licensing procedure under the auspices of the Macao Economic Service and that licensing requests are handled in a multi disciplinary manner by a committee composed of representatives from the Macao Economic Service, the Labour Affairs Bureau, the Fire Service Bureau, as well as the Civic and Municipal Affairs Bureau, which each carry out inspections in the applicant factories according to its respective expertise, for example fire safety, occupational safety and health and environment protection, etc. The Committee also notes that the Government indicates that, although current legislation in relation to OSH does not contain any specific criterion for air pollution and vibration, in practice, during the inspections by the Labour Affairs Bureau the international criteria will be referred to in relation to the applicant factories, for example, the criteria of the American Conference of Governmental and Industrial Hygienists (ACGIH) and Law Decree No. 34/93/M is applied in relation to noise. With reference to the terms of this Article, the Committee requests the Government to take measures to ensure its full application not only as regards new plants and processes, but also as regards existing plants or processes.

Article 10. Working without personal protective equipment. The Committee notes the numerous references made to legislative provisions requiring the employer to provide workers with personal protective equipment. The Committee notes however that the Government’s report does not include reference measures taken to ensure that the employer shall not require a worker to work without the personal protective equipment provided. The Committee requests the Government to provide further information on measures taken to give full effect to this Article of the Convention.

Article 15. Competent person appointed by the employer. The Committee notes the reference made by the Government to the provisions in section 3 of the Law Decree No. 34/93/M which requires constructors at construction sites engaging 100 or more employees per day to engage one qualified safety supervisor to assist the employer to handle issues relating to OSH, including air pollution, noise and vibration, and that the need for any further legislation on this matter was being studied. In the context of the current examination of this issue the Committee requests the Government to determine the conditions and criteria which will trigger a need to appoint a competent person or to use a competent outside person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

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 significant increase in compensation paid for OSH related accidents from 9,108,454 Macau Pataca (MOP) in 2005 to MOP29,537,175 in 2009. The Committee also notes the very uneven development regarding the number of recorded violations against occupational safety and health regulations (2005: 60; 2006: 282; 2007: 242; 2008: 66 and 2009: 65). The Committee requests the Government to provide further information regarding measures taken to examine the causes for the increased levels of compensation and uneven development regarding recorded violations against OSH regulations. The Committee also requests the Government to continue to provide similar detailed information, including statistical information on occupational accidents and diseases.