Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health Convention, 1981 (No. 155) - China (Ratification: 2007)

Article 11(c) of the Convention. Production of annual statistics on occupational accidents and diseases. The Committee notes that in 2007 the State Council issued a Regulation on Reporting, Investigation and Handling of Production Safety Accidents (State Council Decree No. 493), which sets out comprehensive rules concerning “safety accidents”, including classification, reporting responsibility and timeframe, and the facts of the accidents, as well as the investigation, handling and publication of such accidents. The Committee further notes that the new Reporting System for Production Safety Accidents Statistics (Notice No. 98), issued in 2012, established the regime of statistical monthly, quarterly and annual reports, as well as supervision of accident investigations and pursuit of accountability. In this regard, the Committee notes that the International Trade Union Confederation (ITUC), in a communication dated 1 September 2010, calls on the Government to compile and publish statistics, particularly at a provincial, municipal and county level, for greater transparency. In addition, the ITUC alleges that statistics concerning occupational diseases are largely undermined by the high number of undiagnosed cases among internal migrant workers who return to their place of origin when they fall ill. Noting that the abovementioned Decree and Notice concern the reporting, investigation and handling of, and statistical report on “safety accidents” in general, and not specifically occupational accidents and diseases, the Committee asks the Government to indicate the authority responsible for producing annual statistics on occupational accidents and diseases, and the methodology applied. The Committee further asks the Government to indicate whether the abovementioned monthly, quarterly and annual statistical reports are publicly available; and in that case, provide such statistical information to the Office. The Committee also asks the Government to provide further information on whether the notification of occupational accidents and diseases, as required by national law, encompasses all workers, in particular with regard to the comments by the ITUC concerning internal migrant workers.

Article 15. Coordination between various authorities. The Committee notes that the State Commission Office for Public Sector Reform issued the Circular on Division of Labour for Functions of Occupational Health Regulation (No. 104) in 2010, which requires all departments involved to perform their respective duties while maintaining effective coordination. In addition, the Committee notes that the inter-ministerial Production Safety Committee of the State Council is composed of officials from various government bodies, including the Ministry of Health. In its 2010 communication, the ITUC called for better coordination between occupational hazard inspection and occupational health examination. In this respect, the Committee would appreciate receiving further information from the Government on the coordination between the various authorities and bodies responsible for occupational safety and those responsible for occupational health. In addition, noting that the term “production safety” encompasses more than just occupational safety, the Committee asks the Government to provide further information on the role of the Production Safety Committee of the State Council in relation to occupational safety and on whether a similar inter-ministerial mechanism exists in relation to occupational health.

Part V of the report form. Application in practice. 1. Workplace accidents. The Committee welcomes the Government’s efforts to improve the situation concerning production safety in the country, including enhancing the legal system and administrative regime for production safety; building up the capacities of those responsible for ensuring safety supervision and inspection; cracking down on illicit or illegal acts of production and construction; and launching special safety campaigns in major industries and sectors. The Government indicates that these efforts have yielded positive results across the country and that the situation of production safety is moving steadily in the direction of sustainable improvement. The Government also acknowledges the challenges brought about by the current process of rapid industrialization and urbanization in the country, which represents a peak phase for possible safety accidents. The Committee notes that in 2010, compared to the figures for 2005, there was a 49.4 per cent decrease in the number of “safety accidents”, with a total of 354,500; and the number of fatalities decreased by 37.4 per cent, with a total of 79,500. This decrease has been seen in many of the high risk sectors, including mining, hazardous chemicals, fireworks, road transport, fire fighting, railway transport, water transport, fishing and agriculture (machinery), etc. The Committee requests the Government to specify how many of the “safety accidents” recorded, and indicated above, relate to occupational accidents, which cover an occurrence arising out of, or in the course of, work, and to provide this information disaggregated by sector activities, age and gender if possible. The Committee invites the Government to continue to provide information on the measures taken to target the high number of occupational accidents in high risk workplaces.

2. Occupational diseases. The Committee notes the information provided by the Government concerning the current legislation in place with regard to occupational diseases. The Committee in particular notes with interest that in August 2009, the State Administration of Work Safety, the Ministry of Health, the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions jointly carried out special enforcement operations targeting dust and highly toxic material hazards in multiple sectors, including the jewellery processing sector. These special operations focused on urging producers and operators to fulfil their principal obligations of preventing and controlling occupational hazards. The Committee notes however, that the Government has not responded to the concerns raised by the ITUC in relation to the alleged problems in the application of this Convention in relation to occupational diseases, and in particular concerning the lack of information and training given to workers on the risks of occupational diseases and hazards in the workplace, including specific health risks. The Committee therefore reiterates its request that the Government provide information on the application of the Convention in practice, with reference to the comments by the ITUC concerning occupational diseases, including statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and causes of occupational diseases reported.

The Committee is raising other points in a request addressed directly to the Government.