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

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

The Committee notes the responses provided in the Government’s report concerning the Committee’s previous comments on the application of the Convention. The Committee notes however, that the Government’s report does not address the issues raised by the International Trade Union Confederation (ITUC) in its communication dated 1 September 2010, and transmitted to the Government on 15 September 2010. In this regard, the Committee reiterates its request that the Government respond to the 2010 communication by the ITUC, and in particular to provide further information concerning the following points.

Article 8(1)(b) and (c) of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee notes the comments by the ITUC concerning the long-established practice of subcontracting in the construction industry in China. The ITUC alleges that subcontracting offers construction companies increased opportunities to exploit the labour market, reduce costs, and allows employers to avoid responsibilities concerning health and safety. The Committee asks the Government to provide further information on the application of the requirements under Article 8 in practice, with reference to the comments raised by the ITUC concerning subcontracting.

Article 13. Safety at the workplace. Article 28. Health hazards. The ITUC states that the construction industry in China, and its safety management practices, do not meet international standards, national laws and regulations due to a lack of prevention, illegal operations, poor preventive and protective measures, lack of provision of personal protection equipment and effective and regular safety inspections, audits and training. In addition, the ITUC refers to the highly dangerous working environment that construction workers in China are faced with, including exposure to a wide range of chemical, physical and biological hazards including noise, dirt, dust, chemicals, working at height, in confined spaces, heavy work and stress. The Committee asks the Government to respond to the comments by the ITUC concerning the lack of overall safety, and the health hazards at workplaces in the construction industry, and to indicate the application of the provisions of this Article in practice, for example the number of contraventions reported in this area, and any follow-up measures undertaken.

Article 18(1). Work at heights including roof work. The ITUC indicates examples of cases of workplace deaths caused by the failure to ensure that workers wear safety harnesses when working at heights, and that workers apparently do not wear safety harnesses when working at heights so that they can work faster to finish the construction project. The Committee asks the Government to respond to the comments by the ITUC concerning the enforcement of safety measures for work at heights, and to indicate the application of this Article in practice, for example the number of contraventions reported in this area, any follow-up measures taken, and any measures taken to promote the use of safety harnesses at construction sites.

Article 32. Welfare of workers and the provision of separate sanitary and washing facilities. The Committee notes the response provided by the Government, which indicates the relevant provisions of the Construction Site Environment and Sanitation Standards which provide for sanitary and washing facilities on construction sites. The Committee notes however, that there is no provision which specifically provides for men and women workers to be provided with separate sanitary and washing facilities. The ITUC alleges that construction workers live in temporary accommodation near construction sites with poor sanitary and washing facilities and potentially dangerous food and water, and that these construction sites do not have separate sanitary and washing facilities for male and female workers, and as a result sexual harassment is frequent. The Committee asks the Government to take the necessary measures to ensure that men and women workers are provided with separate sanitary and washing facilities; and in the meantime to provide information on how the provisions of Article 32(3) are applied in practice, with reference to the concerns raised by the ITUC.

Article 33. Information and training. The ITUC indicates that while construction workers are entitled under national law to receive safety training on safe operation and protection measures, that in reality, more than 95 per cent of migrant workers on construction sites lack on-the-job training. The ITUC also observes that construction workers are exposed to a wide range of life-threatening conditions, including HIV/AIDS, and that despite this, there is a lack of HIV awareness which makes workers vulnerable to the risk of contracting this disease. The ITUC recognizes the efforts by the Government in this area, including the provision, in 2009, of skills training to more than 12 million migrant construction workers. The ITUC notes, however, that the training was aimed at helping workers re-enter the labour market during the financial crisis, and the ITUC does not have information on whether the training incorporated safety matters. The Committee asks the Government to respond to the comments raised by the ITUC concerning the provision of information to, and training of, construction workers, and to indicate the application of this Article in practice, for example the number of contraventions reported in this area, and any follow-up measures undertaken.

Article 34. Reporting of accidents and diseases. The ITUC alleges that the official figures on construction safety are regarded as less than reliable, in particular the accident reporting system, and that missing report cover ups, and delayed reports are common occurrences. The ITUC calls on the Government to include health and safety targets and indicators of success in the national plans, and to implement more robust reporting systems. In this respect, the Committee also refers the Government to its comment this year regarding the application by China of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee asks the Government to respond to the comments by the ITUC concerning the reporting of occupational accidents and diseases, for example information on the number, nature and cause of occupational accidents and diseases reported, with specific reference to the construction sector.

Article 35. Effective enforcement of the provisions of the Convention. The ITUC indicates that there is continued evidence of breaches of national laws and regulations regarding safety and health in the construction industry, including widespread bureaucracy, collusion by officials, lack of enforcement and lack of cross-departmental cooperation. The ITUC alleges that reckless on-site supervision also remains common and that many construction sites operate without professional inspectors, and inspection activities on construction sites are often carried out by the supervisor who may not themselves have ever received safety inspection training. In addition, the ITUC states that local authorities appear to have a lack of safety awareness, do not effectively enforce the safety laws and regulations, do not understand their responsibilities and do not engage in monitoring. While penalties exist for breaches by employers who cause serious harm to the health of their employees, the ITUC alleges that enterprises have been known to simply change the company name, location or legal representative as a means of evading compensation payments. In this respect, the Committee also refers the Government to its comment this year regarding the application by China of Convention No. 155. The Committee asks the Government to respond to the comments by the ITUC concerning implementation of the Convention through appropriate inspection services and the provision of appropriate penalties, and to indicate the application of this Article in practice, for example the measures taken by the Government to monitor the effective enforcement of the provisions of the Convention at the national, regional and provincial levels.

Part VI of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in relation to the special operations undertaken to crack down on illicit or illegal activities in the construction industry as well as the promotion of safety. The Government indicates that special inspections have been intensified in key areas of the construction industry which carry higher risks for serious accidents, including colossal scaffolds, deep foundation pits, large lifting machines, etc. The Committee notes the comments by the ITUC, which state that the increasing growth of development, downsizing, outsourcing, the use of labour-only subcontracting and the so-called self-employed have had a negative impact on the management and control of health and safety in construction. The ITUC notes that the accident rate is increasing and includes buildings collapsing, workers being crushed by falling building materials and scaffolding, being maimed by faulty machinery or falling from heights. The Committee asks the Government to provide information on the application of the Convention in practice, with reference to the comments by the ITUC; and in particular to indicate any data available on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of occupational accidents and diseases reported, with specific reference to the construction sector, and any follow-up measures taken.

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