Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

China

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2007)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2002)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 167 (OSH in construction) together.

The Committee takes note of the supplementary information on the application of Conventions Nos 155 and 167 provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of those Conventions on the basis of the supplementary information received from the Government this year (see under Article 11(c) and (e) and application in practice of Convention No. 155, and Article 35 and application in practice of Convention No. 167 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided in the Government’s supplementary report related to OSH measures in the context of the COVID-19 pandemic, including measures to strengthen prevention and monitoring during the resumption of work in construction and civil engineering projects.

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. The Committee previously noted the 26,393 cases of occupational diseases reported in 2013, including 23,152 cases of pneumoconiosis. In response to its request on concrete measures taken to address pneumoconiosis, the Committee notes the information in the Government’s report concerning different preventive OSH measures taken in recent years, including the formulation of risk prevention and control plans in coal mines. The Committee also notes with interest the adoption, in 2019, of a National Action Plan on the Prevention and Control of Pneumoconiosis. In this regard, the Committee welcomes the Government’s indication in its supplementary report, that in the period July 2019–December 2020, 10 departments and the All-China Federation of Trade Unions jointly issued the Notice on Disseminating the Enhanced Action Plan for the Prevention and Control of Pneumoconiosis. The Government refers to the departments’ intensified efforts in five areas, including supervision and law enforcement, and efforts to promote the special treatment of occupational hazards in key industries such as mining and metallurgy, and carrying out reviews on dust hazard management in various industries. The Committee further notes the Government’s indication in its supplementary report that China has published data on occupational diseases through an annual statistical bulletin on the development of public health services. The Government indicates in this respect that there were 19,428 cases of occupational disease in 2019 (including 15,898 cases of occupational pneumoconiosis), a decrease from 23,497 cases of occupational diseases in 2018, (with 19,468 cases of occupational pneumoconiosis). The Committee further notes the Government’s indication that in 2019, there were 44,609 occupational safety accidents resulting in the death of 29,519 workers. It takes note of the Government’s indication that the 2019 figures represent a 33.5 per cent decrease since 2015 in the number of accidents, and a 34.1 per cent decrease in the number of fatalities. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases at the national level. The Committee further requests the Government to continue its efforts with regard to the prevention of occupational accidents and occupational diseases, and to continue to provide information on the specific preventive measures taken in this regard, including measures taken in the implementation of the National Action Plan on the Prevention and Control of Pneumoconiosis, and the impact of such measures.

Safety and Health in Construction Convention, 1988 (No. 167)

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee previously noted section 24 of the Administrative Regulations on Work Safety in Construction Projects which states that the main contractor shall be responsible for the overall occupational safety at the construction site. When the main contractor subcontracts a construction project to any other entity, it shall explicitly stipulate their respective rights and obligations regarding work safety. The main contractor and the subcontractor shall bear joint and several liability with regard to the safety of the subcontracted project and shall share duties and responsibilities. The Committee also noted that the Government identified the inadequacy of accountability and responsibility as a contributing factor to the high accident rate in the construction sector, and it requested information on the enforcement of section 24 in practice.

The Committee notes the statistics provided by the Government, in response to the Committee’s previous request, regarding enforcement in the construction industry in general. The Government refers to the adoption of the Opinion on Further Accelerating the Development of General Project Contracting (No. 93, 2016), which provides that project contracting enterprises may directly subcontract design or construction work to enterprises with the corresponding qualifications, but the general contractor enterprise shall be fully responsible for, among others, the quality and safety of the project in accordance with the contract signed with the construction entity. The Government also indicates that the Ministry of Housing and Urban-Rural Development issued a Notice on Management Measures for the Evaluation and Punishment of Contract Awarding and Contracting of Construction Projects (No 1. 2019) which identified violations relating to illegal contract awarding, subcontracting and illegal subcontracting, as well as established standards for investigation and punishment. The Government further indicates that the Measures for the Administration of Subcontracting for the Construction of Houses and Municipal Infrastructure Projects (Decree No. 47 of the Ministry of Housing and Urban-Rural Development) was revised in 2019, and provides that the contractor of a project through subcontracting shall have the necessary qualifications for the work required, and shall obey the occupational safety management measures of the main contractor on the construction site. The Committee recalls that, in accordance with Article 8(1)(a) of the Convention, whenever two or more employers undertake activities simultaneously at one construction site, the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures; and that, in accordance with Article 8(1)(c), each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority. The Committee requests the Government to continue to provide information on the measures it is taking to ensure the implementation of prescribed safety and health measures under the responsibility of the principal contractor whenever two or more employers undertake activities simultaneously at one construction site, particularly with respect to construction sites with several tiers of subcontracting. Noting the general information provided, the Committee once again requests detailed information on the application and enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected and penalties applied for non-compliance, including fines collected and prosecutions. The Committee requests that this detailed information identify how often the principal contractor, as distinct from the subcontractor, is the object of enforcement actions.

Article 18(1). Work at heights including roof work. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that falls from heights are the main type of accident in construction, representing 52.2 per cent of total accidents in 2018. The Government indicates that supervision of personal protective equipment (such as safety belts) shall be strengthened in order to prevent such falls, and that in 2019, the Ministry of Housing and Urban-Rural Development, together with the State Administration for Market Regulation and the Ministry of Emergency Management, issued the Notice on Further Strengthening Supervision and Management over Personal Protective Equipment. The Government also reports that it is taking measures to strengthen monitoring of projects considered to be higher risk, including those involving work at high heights particularly through the development of detailed enforcement rules regarding such projects and the undertaking of targeted inspections. The Committee urges the Government to pursue its efforts to enforce safety measures for work at heights and to promote the use of safety equipment at all construction sites. It requests the Government to continue to provide information on the enforcement measures implemented in that respect and to provide data on the number of occupational accidents reported (including fatal and serious accidents) due to falls from heights, as well as the number and nature of violations detected and penalties applied for non-compliance.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee previously noted the Government’s identification of the contributing factors to accidents in the construction sector, including a lack of uniform standards in the construction sector; an inadequate enterprise-ownership regime with respect to, accountability and responsibility; the lack of thoroughness in the elimination of hidden workplace hazards; and the inadequacy of investigations and penalties following occupational accidents. It noted that in 2018, the construction industry was, for the ninth consecutive year, the sector with the largest number of occupational accidents.

The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the Ministry of Housing and Urban-Rural Development to improve the implementation of the Convention, including: (i) measures to strengthen safety inspections in the construction sector, including the elimination of more than 360,000 potential safety hazards on construction sites and the suspension of licences for 164 enterprises in 2018; (ii) improved regulation of the construction market to address illegal subcontracting; (iii) further awareness-raising on safety in construction and safety training for construction workers; and (iv) the development of a national information system on construction safety to promote supervision, collaboration and information sharing. The Government indicates that departments in charge of housing and urban-rural construction at all levels inspected 320,155 projects, investigated 11,302 illegal activities, penalized 8,161 enterprises and imposed fines of approximately ¥102 million (approximately US$15,513,000). In 2018, there were 734 occupational safety accidents in housing and municipal projects nationwide, resulting in the death of 840 workers. In this respect, the Committee notes with concern the Government’s statement that this represents a 4.1 per cent increase in the number of fatalities due to accidents in the sector between 2017 and 2018. The major cause of accidents were falls from heights, falling objects, mechanical accidents and crane-related accidents. It further notes that in 2018, 983 cases of occupational diseases were reported in the construction sector, mostly related to civil engineering projects (827 cases). With reference to its comments above on Convention No. 155, the Committee notes that the main occupational disease reported in the construction industry was pneumoconiosis. In its supplementary report, the Government also refers to measures taken to increase the accountability of responsible personnel. The Government further refers to a large-scale investigation conducted in 2019, with the random inspections conducted of 163,446 projects, investigations into 351,677 potential safety hazards, and the issuance of 58,888 notices regarding rectification with deadlines, 304 legal enforcement proposals, and 6,437 notices of suspension of work or business suspensions. The Committee urges the Government to pursue its efforts to ensure the application of the Convention in practice, and to continue to provide information on the concrete steps taken to reduce the number of fatal accidents in the sector. It also urges the Government to continue to take measures to ensure the effective enforcement of the Convention through the provision of appropriate inspection services in the sector, as well as appropriate penalties and corrective measures. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of the contraventions reported and the measures taken to address them, the number of penalties and corrective measures applied, and the number, nature and cause of occupational accidents and occupational diseases reported.

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