Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

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. Following its previous comment, the Committee notes the Government’s response in its report that 17,064 cases of occupational disease were reported in 2020, including 14,408 cases of pneumoconiosis, while 15,407 cases were reported in 2021, including 11,809 cases of pneumoconiosis. Moreover, 29,519 fatal occupational accidents were reported in 2019, while 27,412 such accidents were reported in 2020. The Committee also notes that, according to the 14th Five-Year National Plan for Occupational Safety (2021–2025), from 2015 to 2020 there was a decrease in all types of accidents by 43.3 per cent, in large accidents by 36.1 per cent and in very serious accidents by 57.9 per cent respectively, and the number of deaths decreased by 38.8 per cent. The Government further indicates that targeted measures were undertaken to control and eliminate occupational diseases at the source, including the implementation of the pneumoconiosis prevention and control campaign in key industries, such as construction, metallurgy, coal mines and non-coal mines. Awareness-raising activities continue to be organized, aimed at disseminating relevant policies and laws, scientific knowledge, and good practices. Taking due note of the continued decrease in the number of occupational accidents and cases of occupational disease, the Committee requests the Government to continue its efforts with regard to the prevention of such accidents and diseases, and to continue to provide information on specific preventive measures taken in this regard, including those in the context of implementing the 14th Five-Year National Plan for Occupational Safety, and the impact of such measures.The Committee also requests the Government to continue to provide detailed statistics on occupational accidents and diseases at the national level, indicating the causes and consequences.

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. Following its previous comment, the Committee notes the Government’s indication in its report that accident prevention was a priority in the 14th Five-Year National Plan for Occupational Safety. Measures envisaged include enhancing the management of recruitment and qualification of subcontractors, as well as strengthening the enforcement of related legislation and regulations. The Government also refers to the Notice on further strengthening the safety management of construction projects with higher risk issued by the Ministry of Housing and Urban-Rural Development (MoHURD) in 2017, which stresses that the main contractor is responsible for the safety of the entire project, while subcontractors are responsible for the safety within the scope of the subcontracted parts, as provided for by section 24 of the Administrative Regulations on Work Safety in Construction Projects. The Committee further notes that, according to the 2019 Circular on Safety Accidents in Housing and Municipal Engineering, in terms of serious accidents, 82.61 per cent were related to large construction projects with multiple parts and operators, particularly in earthwork and foundation excavation, formwork support systems and construction crane machinery. The Committee requests the Government to pursue its efforts 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 that a large proportion of accidents occurred in construction projects with multiple parts and operators, the Committee once again requests the Government to provide information on the 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.

Article 18(1). Work at heights including roof work. The Committee notes the Government’s reference to the Circular on the Governance Action of Occupational Safety in Construction issued by the MoHURD in March 2022, which further specifies the requirements of safety measures for work at heights, including the identification of risks and prevention actions, as well as the use of both collective and individual protection equipment. Moreover, the MoHURD updated the Criteria for Determining Major Hazards and Accident Risks in Construction in April 2022, which identifies some types of work at heights as a major accident risk. The Government also indicates that the number of deaths due to falls from height in construction continues to decrease (441 in 2019, 428 in 2020 and 413 in 2021). The Committee notes, however, that according to the 2019 Circular on Safety Accidents in Housing and Municipal Engineering, falls from heights remained the main cause of accidents in construction, representing 53.69 per cent of total accidents in 2019, increased from 52.2 per cent in 2018. The Committee also notes that there was only one accident due to fall from height falling into the categories of large, serious and very serious accidents (defined as accidents causing more than three deaths or with a particularly significant economic impact). 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 also requests the Government to continue to provide information on the enforcement measures implemented in this regard (including the number and nature of violations detected and penalties applied) and the number of occupational accidents reported due to falls from heights.

Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the MoHURD to improve the implementation of the Convention, including: (i) the elaboration of guidelines for workplan design in construction projects with higher risks consisting of multiple components and operators in 2021; (ii) the development of a list of work process and techniques, equipment and materials to be eliminated in building construction and infrastructure projects in 2021; and (iii) the implementation of targeted measures to strengthen occupational safety in housing and municipal engineering projects. The Government also indicates that 1,530 cases of occupational disease were reported in the construction industry from 2019 – 2021, mostly related to civil engineering projects (1,256 cases). Moreover, the most prevalent occupational disease remains pneumoconiosis (1,257 cases). The Committee further notes with concern that, according to the 2019 Notification of Safety Accidents in Housing and Municipal Engineering, in 2019, there were 773 work safety accidents with 904 deaths, an increase from 2018 by 39 cases and 64 persons respectively. About 80 per cent of the accidents could be attributed to violations of OSH-related rules and regulations when performing work, 60 per cent were related to violations of statutory construction procedures, while 40 per cent were due to neglect of duties by key personnel responsible for OSH. The Committee urges the Government to reinforce 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 occupational accidents in the construction 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 detailed information on the application of the Convention in practice.

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