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

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

Previous comment

Article 2(2) of the Convention. Excluded categories of hazards. The Committee notes the information in the Government’s report on the measures taken with respect to the two categories of hazards (noise and vibration) for which it did not accept the obligations of the Convention, as permitted under Article 2(2) of the Convention. In particular, it notes the Government’s indication that the Labour Department released Guidance notes on the Factories and Industrial Undertakings (Noise at Work) Regulation in 2017, in order to provide technical guidance for employers to comply with the legal requirements. In 2020, the Labour Department also published a Pictorial Guide on this Regulation with the aim of enhancing safety awareness of noise at work for employers and workers. The Government further indicates that the occupational safety officers of the Labour Department give advice to management and workers on the necessary control measures to reduce exposure to vibration hazards at work. The Committee requests the Government to continue to provide information on the 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 Code of Practice on Control of Air Impurities (Chemical Substances) in the Workplace is updated by the Labour Department regarding international developments with respect to knowledge and data on exposure limits of air impurities. The Committee requests the Government to provide further information on the revision of exposure limits to air pollution undertaken by the Labour Department, indicating the date of the most recent revision.

Application in practice. The Committee notes the Government’s indication that for the period covered by the report, three cases of contravention of the Occupational Safety and Health Regulations and subsidiary regulations of the Factories and Industrial Undertakings Ordinance were recorded concerning failure to ensure air that is free of impurities. The Committee also notes the information in the Occupational Safety and Health Statistics Bulletin, published by the Labour Department in 2022, that there were 67 confirmed cases of silicosis in 2021 (linked to occupational exposure to silica dust), and that this was the second highest category of reported occupational disease. There were also seven confirmed cases of asbestosis, 20 confirmed cases of mesothelioma and five cases of gas poisoning. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of cases of occupational diseases reported related to air pollution, the number of violations detected and the subsequent penalties applied.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

style='font-weight:normal'>(notification: 1997)

Legislation. The Committee notes the information provided by the Government that there have been no legislative changes which affect the application of the Convention for the period under review (1 June 2005 to 31 May 2010). The Committee notes the information supplied regarding effect given to Articles 4–6 and 9–10 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 1 of the Convention. Scope of application and progressive extension of scope. With reference to its previous comments, the Committee notes that the Government indicates that according to the general household survey (January–March 2010) the total number of workers who are employed in the excluded branches, namely, agriculture, animal husbandry, forestry, fishing and shipping is about 3,900 workers, or only 0.1 per cent of all employed persons, and that the chance of exposure to air pollution of those workers is slim. The Committee notes that irrespective of the relative incidence of exposure to air pollution, the Government is required to report on the extent to which effect has been given, or is proposed to be given, to the Convention in respect of such branches. The Committee requests the Government to continue to provide information on the position of the law and practice in respect of the particular branches excluded.

Article 2(2). Excluded categories of hazards. With reference to its previous comments, the Committee notes that the Government indicates, in relation to the hazard of vibration at work, that the occupational safety officers of the Labour Department provide advice to employers and workers to reduce the risk during their workplace inspections. The Committee requests the Government to provide further information on its law and practice in relation to the exposure of workers to noise and vibration including information on the extent to which effect is proposed to be given to the Convention in respect of noise and vibration.

Article 8. Exposure limits. The Committee notes the reference made to the 2002 code of practice on control of air impurities (chemical substances) in the workplace, setting occupational exposure limits of air pollution and providing guidance for maintaining workplace atmospheres free from hazardous air pollution. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to revise the exposure limits of air pollution regularly in the light of current national and international knowledge and data.

Article 11. Provision of suitable alternative employment or other measures offered for maintaining income through social security measures or otherwise. The Committee notes that in response to its previous comments on this point, the Government again refers to information regarding the availability of employment and placement services. It also notes the information referred to in the context of the application of the Radiation Protection Convention, 1960 (No. 115), that an employee who has completed five years of service under a continuous contract is entitled to long-service payment if they resign on grounds of ill-health and have been certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for their recent job. While taking note of these measures, the Committee wishes to draw the attention of the Government to Article 11 that relates also to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to air pollution has been found to be medically inadvisable. In these cases Article 11 provides that every effort must be made, consistent with national practice and conditions, to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that workers who cannot continue in work involving exposure to air pollution on legitimate health grounds are provided with suitable alternative employment or other means to maintain their income.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports and the attached information.

2. Article 1 of the Convention. Scope of application. The Committee notes that, in accordance with undertaken obligations pursuant to the Convention, national legislation applies to air pollution in all branches of economic activity and the following branches have been excluded: agriculture, animal husbandry, forestry, fishing and shipping. The Committee requests the Government to provide information on the position of its law and practice in respect of the particular branches excluded.

3. Article 2, paragraph 2. The position in law and practice to noise pollution. The Committee notes the Government’s information provided that, with respect to noise pollution, the Labour Department provides advice to employers and workers and that the Factories and Industrial Undertakings (Noise at Work) Regulations provide that personal protective equipment (hearing protectors) when the noise level of 90 dB(A), or the peak level of 140 dB(B). The Committee requests the Government to continue to provide information on hazards excluded from the application of the Convention including, if possible, also as regards vibration.

4. Articles 4 and 5. National legislation and tripartite consultation. The Committee notes that several legislative amendments have been adopted to ensure the application of the Convention and notes the Government’s statement that tripartite consultations are ensured through 12 safety and health committees set up under the Occupational Safety and Health Council. The Committee asks the Government to continue to provide information on measures undertaken in tripartite consultations.

5. Article 6, paragraph 2. Shared workplaces. The Committee notes that section 6 of the Occupational Safety and Health Ordinance provides that the occupier of a workplace where two or more employers undertake activities simultaneously shall ensure that they all collaborate in order to ensure occupational safety and health. The Committee requests the Government to provide additional information on measures taken or envisaged to prescribe general procedures for this collaboration.

6. Article 8. Exposure limits. The Committee notes with interest that the Labour Department issued in April 2002, under section 7A(1) the Factories and Industrial Undertakings Ordinance, a “Code of practice on control of air impurities (chemical substances) in the workplace”, setting occupational exposure limits of air pollution and providing guidance for maintaining workplace atmospheres free from hazardous air pollution. The Committee requests the Government to provide information in its next report on the exposure levels adopted for air pollutants and on measures taken or envisaged to revise the exposure limits of air pollution regularly in the light of current national and international knowledge and data.

7. Articles 9 and 10. Working environment free from hazards and personal protective equipment. The Committee notes the technical measures adopted to ensure that the working environment is free of hazards from air pollution, among them section 12(3)(a) and (b) of the Occupational Safety and Health Regulation (adequate ventilation), section 33 of the Factories and Industrial Undertakings Regulation (adequate ventilation), section 3 of the Factories and Industrial Undertakings (Blasting by Abrasives) Special Regulations (prohibiting the use of sand or other material containing free silica), section 5 of the Factories and Industrial Undertakings (Electrolytic Chromium Process Regulations) (mechanical exhausts), section 42 of the Construction Sites (Safety) Regulations (adequate ventilation), and sections 7 and 8 of Factories and Industrial Undertakings (Asbestos) Regulations (prevention of exposure and air monitoring). It notes that, when these measures do not bring air pollution within the limit specified in Article 8 of the Convention, section 12 of the Factories and Industrial Undertakings (Dangerous Substances) Regulation, section 5 of the Factories and Industrial Undertakings (Confined Spaces) Regulation (breathing apparatus), and section 14 of the Factories and Industrial Undertakings (Dry Batteries) Regulations provide for personal protective equipment to be provided to the workers. The Committee asks the Government to continue to provide information on any technical or organizational measures undertaken to ensure that the working environment is kept free from any hazard due to air pollution and to provide information on how this protective equipment is maintained.

8. Article 11. Alternative employment. The Committee notes the Government’s statement that, for workers where continued assignment to work involving exposure to air pollution is found medically inadvisable, and suitable employment cannot be provided, the worker concerned will be able to maintain her/his income through the social security scheme if she/he has been a resident of Hong Kong for at least seven years, but that this residence requirement does not apply to persons below the age of 18 years. The Committee requests the Government to provide information on efforts made to ensure that, when continued exposure to air pollution is medically inadvisable for a worker who has not resided in Hong Kong for seven years, the worker will be enabled to maintain her/his income.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information supplied in the Government's report concerning the application of Article 7, paragraph 2, Article 8 and Article 13 of the Convention, as well as the adoption, in 1993, of the Air Pollution Control (Amendment) Ordinance.

1. Article 2, paragraphs 2 and 3. The Committee notes with interest the adoption of the Factories and Industrial Undertakings (Noise at Work) Regulation (L.N. 239 of 1992). It further notes the indication in the Government's report concerning general measures taken to ensure the protection of workers against the hazards due to noise. In this regard, the Government might wish to consider accepting the obligations of the Convention in respect of noise.

2. The Government is requested to provide further information, in its next report, on the following point:

Article 10. In its previous comments, the Committee noted the information supplied in the Government's report concerning the provision of protective equipment for workers in confined spaces and on construction sites. In its latest report, the Government has indicated that factory inspectors make regular inspections to ensure workers are provided with suitable personal protective equipment. The Committee would recall that this Article of the Convention provides that, where the technical or supplementary organizational measures taken do not bring air pollution in the working environment within the limits specified, the employer shall provide and maintain suitable personal protective equipment and cannot require workers to work in such situations without this equipment. The Government is requested to indicate the measures taken in legislation or otherwise to place the duty upon the employer to provide personal protective equipment when the established exposure limits have been surpassed.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the information supplied in the Government's report concerning the application of Article 4, paragraph 2, and Article 5, paragraph 4, of the Convention, and requests further information on the following points.

Article 1, paragraph 3. The Committee notes the information concerning the reasons for excluding agriculture, animal husbandry, forestry, fishery and marine transport from the application of the Convention and that such exclusions were made after consultation of the representative organisations of employers and workers concerned. The Committee requests the Government to keep providing information on the law and practice in respect of these branches of economic activity as well as any changes concerning the extent to which effect is proposed to be given to the Convention in this respect.

Article 7, paragraph 2, and Article 13. The Committee notes the information supplied in the Government's report concerning the right of workers' representatives to express their views before the Labour Advisory Board and to lodge complaints with the Factory Inspectorate Division of the Labour Department. It requests the Government to indicate if any procedures are available to workers by which they can appeal to a higher body for reconsideration of the decisions or determinations made by the Labour Advisory Board or Factory Inspectorate. Furthermore, the Committee notes the information supplied by the Government concerning the training courses and other forms of instruction and information made available to the workers. It requests the Government to indicate whether information concerning the hazards present in the working environment due to air pollution and instructions on measures for prevention and control of these hazards are provided to workers prior to their assignment to workplaces where there is a risk of exposure to air pollution.

Article 8, paragraphs 1 and 2. The Committee notes the information supplied in the Government's report concerning the administrative use of the United Kingdom Guidance Note Environmental Hygiene EH-40 and of the United States Threshold Limit Values (TLV) of the American Conference of Governmental Industrial Hygienists, Permissible Exposure Limits of Occupational Safety and Health Administration and the recommendations of the National Institute of Occupational Safety and Health. The Committee requests the Government to indicate the measures taken to ensure that employers are made aware of these exposure limits and the manner in which they are made responsible for not exceeding them.

The Government has stated, in its report, that these exposure limits are regularly reviewed and that codes of practice are drafted or revised in consultation with the Occupational Safety and Health Council and the Labour Advisory Board, with the full representation of employers and workers. The Government is requested to indicate whether the emloyers' and workers' organisations concerned are also enabled to designate a technically competent person whose opinion will be taken into account in the elaboration of the criteria and the determination of the exposure limits.

Article 10. The Committee notes the information supplied in the Government's report concerning the provision of protective equipment for work in confined spaces and on construction sites. It requests the Government to indicate the measures taken to ensure that workers in any working environment where the exposure to air pollution exceeds the United Kingdom and United States TLV, referred to by the Government in response to Article 8, are provided with suitable personal protective equipment. Furthermore, it requests the Government to indicate the measures taken to ensure that employers cannot require workers to work in such situations without this personal protective equipment.

Point IV of the report form. The Government is requested to provide additional information enabling a general appreciation of the manner in which the Convention is applied. In particular, the Government is requested to provide extracts from the reports of inspection services and statistics, if available, on the number of workers covered by the relevant legislation and other measures and the number and nature of contraventions reported.