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

Safety and Health in Construction Convention, 1988 (No. 167) - China (Ratification: 2002)

Further to its observation, the Committee would like to raise the following points.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request that the Government provide further information on the application of section 47 of the Construction Law and section 33 of the Regulations on Work Safety in Construction, with reference to self-employed persons.

Article 2. Definitions. The Committee notes that the Government states that there are corresponding definitions in national laws and regulations for the concepts listed in the Convention, but that the Government has only included definitions of the terms “construction engineering” and “employer”. The Committee refers the Government to its comment this year regarding the application by China of the Occupational Safety and Health Convention, 1981 (No. 155), and in particular the definition of the terms “worker” and “workplace” in national law. The Committee asks the Government to provide further information on the relevant definitions of the remaining terms listed under Article 2 in national law.

Article 3. Consultations with the most representative organizations of the employers and workers concerned. The Committee notes that the Government’s report is silent on this matter. The Committee recalls the information previously provided by the Government indicating that the Ministry of Housing and Urban–Rural Development of China has cooperated with the All China Federation of Trade Unions on many occasions to ensure the lawful rights and interests of construction workers. The Committee reiterates its request that the Government provide further information on consultations with the most representative organizations of employers on the measures to be taken to give effect to the provisions of this Convention.

Article 4. Maintain in force laws or regulations which ensure the application of the provisions of the Convention. The Committee notes the response by the Government concerning the status of the “Codes” previously referred to by the Government as evidence of effect given to certain provisions of the Convention, and in particular that section 7 of the Law of the People’s Republic of China on Standardization states that standards concerned with the safeguarding of human health and ensuring the safety of the person and of property shall be compulsory standards. The Committee asks the Government to continue to provide information in relation to the development of any relevant laws or regulations which ensure the application of the provisions of the Convention.

Articles 21, 23 and 27. Work in compressed air, over water and with explosives. The Committee notes the response provided by the Government, and in particular section 7.1.3 of the industry standards concerning Welding and Incision Safety, which states that compressed air for respirator or breathing apparatus must meet the requirement of normal breathing; the relevant provisions of the Technical Code for the Safety of Construction Work at Heights protect workers who operate over water or in close proximity; and section 4.3 of the Technical Code for the Safety of Dismantling Operation in Construction, which sets out detailed provisions on the storage, transport, loading and unloading, and use of explosives in construction activities. The Committee reminds the Government that Article 21(2) states that work in compressed air shall be carried out only by workers whose physical aptitude for such work has been established by a medical examination and when a competent person is present to supervise the conduct of the operations. In this regard, the Committee asks the Government to provide information on the measures taken to ensure full effect is given to Article 21(2), and to provide copies of the provisions which the Government has indicated give effect to Article 23 concerning work over water, and Article 27 concerning explosives.