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

Chemicals Convention, 1990 (No. 170) - China (Ratification: 1995)

Legislation. The Committee welcomes the information provided by the Government regarding the adoption of new legislation during the reporting period, and in particular notes the amendments to the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases (State Council Decree No. 612), which came into force on 31 December 2011; the Regulation on Safety Management of Hazardous Chemicals (State Council Decree No. 591); the Regulation on Registration of Hazardous Chemicals (State Administration of Work Safety (SAWS) Decree No. 53); the Provisional Rules on Supervising and Regulating Major Risk Sources of Hazardous Chemicals (State Administration of Work Safety (SAWS) Decree No. 40); and the Twelfth Five-Year Plan Concerning Safety in Production of Hazardous Chemicals (2011–15). In addition, the Committee notes the information provided demonstrating effect given to Article 8 of the Convention. The Committee asks the Government to continue to provide information on any relevant legislative developments concerning the application of the Convention.

Article 5. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the response provided by the Government regarding section 5 of the new Regulations on Safety Management of Hazardous Chemicals, which puts forward the idea of applying a regime for the prohibition, and restriction for use, of hazardous chemicals, and that studies are under way to prepare supporting rules in this regard. The Government also indicates its intention to introduce a licensing system for the safe use of hazardous chemicals, which would require producers or users of such substances to obtain safety licenses. The Committee notes with interest the formulation of the List of First Batch Hazardous Chemicals subject to Prohibition, Restriction and Control in Shanghai (for trial implementation), covering 468 hazardous chemicals, of which 139 have been banned from production, storage, operation, transport and use in Shanghai, 170 banned from the central urban district, and 159 of which are subject to restriction and control. The Government indicates that the trial basis of this List expires on 30 June 2013. The Committee asks the Government to continue to provide information on the prohibition or restriction concerning the use of certain hazardous chemicals, and to indicate the outcome of the trial List in Shanghai.

Article 6. Classification systems. The Committee notes that SAWS is leading the compilation of the new edition of the Catalogue of Hazardous Chemicals; that a new Classification and Code of Dangerous Goods (GB6944-2012) has been approved; and that the serial standards of the Safety Code for Classification, Precautionary Labelling and Precautionary Statement of Chemicals (GB20576~20599, GB20601~20602-2006) is currently being revised. The Government also indicates that the relevant academic agencies and research bodies are in the process of studying methodologies for the risk assessment of chemicals of unclear or unknown hazardous properties. The Committee asks the Government to continue to provide information on the progressive extension of the classification systems and their application, as required under Article 6.

Article 15. Information and training. The Committee notes the response provided by the Government on the requirement to display information cards in relation to occupational hazards at workplaces where workers are exposed to hazardous substances. The Government also indicates that there is a requirement to make available chemical safety data sheets at workplaces where chemicals are used. The Committee asks the Government to provide further information on the monitoring and enforcement of the requirement that employers inform workers of the hazards associated with exposure to chemicals used at the workplace, and train the workers on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work.

Part V of the report form. Application of the Convention in practice. The Government indicates its intention to conduct an assessment on the application of this Convention in the country since its ratification. The Committee asks the Government to keep the Office informed of the outcome of any assessment on the application of the Convention in the country, 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, and the number, nature and cause of occupational accidents and diseases reported, with specific reference to the use of chemicals.