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

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

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.