Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee notes the information provided by the Government in its report in reply to its previous request concerning Article 1 of the Convention on the scope of application, and Article 11 on the provision of suitable alternative employment or other measures offered for maintaining income through social security measures or otherwise.

Article 2(2). Excluded categories of hazards. The Committee recalls that the Government did not accept the obligations of the Convention with respect to noise and vibration, as permitted under Article 2(2) of the Convention. In this regard, the Committee takes note that the Factories and Industrial Undertaking (Noise at Work) Regulation and the Occupational Safety and Health Ordinance provide for the control of noise and vibration hazards at work. The Committee also notes that the occupational safety officers of the Labour Department (LD) give advice to the management and workers on the necessary precautionary measures to take against these hazards. The Committee requests the Government to continue to provide information on its law and practice in relation to the exposure of workers to noise and vibration and on the extent to which effect is proposed to be given to the Convention in respect of these categories of hazards.

Article 8. Review of exposure limits. The Committee notes the Government’s indication that the LD reviews airborne chemical monitoring data annually and that the “Code of Practice on Control of Air Impurities (Chemical Substances) in the Workplace” is updated as appropriate in the light of such developments. The Committee requests the Government to provide further detailed information on the manner in which exposure limits to air pollution are regularly revised.

Application in practice. The Committee notes that during the review period, four cases of contravention of the Occupational Safety and Health Ordinance and subsidiary regulations of the Factories and Industrial Undertakings Ordinance were recorded concerning failure to ensure air free of impurities. The Committee requests the Government to provide further detailed information on the manner in which the Convention is applied in practice. In particular, the Committee requests the Government to provide extracts from the reports of inspection services and statistics, if available, on the number and nature of contraventions reported.