All Comments

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 45 (underground work (women), 155 (OSH), 167 (OSH in construction) and 170 (chemicals) together.

A.General provisions

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

Articles 1 and 2of the Convention. Scope of application of the Convention. The Committee previously requested the Government to indicate the manner in which the Convention is applied to workers that are not covered by the Law on Work Safety, namely, government bodies, public entities and non-profit organizations. In this regard, the Committee notes the Government’s reference to the Law on Work Safety, which applies to entities engaged in production and other business activities. The Committee once again requests the Government to provide further specific information on the manner in which it ensures, in law or in practice, the application of the protection granted by the Convention to workers engaged in workplaces that are not covered by the Law on Work Safety, such as government bodies, public entities and non-profit organizations, including with respect to the matters covered by: Article 9 (inspection and enforcement); 13 (protection of workers who have removed themselves from which they have reasonable justification to believe presents an imminent and serious danger to their life); 17 (two or more undertakings at the same workplace); 18 (measures to deal with accidents, including first aid); 19(a) (workers’ cooperation); 19(f) (reporting and returning to a work situation where there is continuing imminent and serious danger to the worker’s life); and 20 (cooperation between management and workers and/or their representatives) of the Convention.

Articles 4 and 8.National policy to give effect to the Convention and consultation. Following its previous comments, the Committee notes the Government’s reference to the adoption of the 14th Five-Year National Plan for Occupational Safety (2021 – 2025), which identifies concrete actions in different areas, including the establishment of a network responsible for risk prevention and control, improvement of related laws and regulations, prevention and minimization of serious accidents, and strengthening capacity for emergency response and rescue, among others. The Government further indicates that at the drafting stage of the Plan, the Ministry of Emergency Management (MoEM), pursuant to its internal procedures, carries out field visits and desk research and organizes seminars and meetings to consult the public, relevant enterprises, employers’ associations, chambers of commerce, trade unions and experts, as well as other governmental departments if necessary. Relevant stakeholders and experts may also be invited to directly participate in the drafting. In addition, the National Plan for the Prevention and Control of Occupational Diseases (2021 – 2025) was developed and adopted by the Inter-Ministerial Joint Conference on Prevention and Control of Occupational Diseases, consisting of representatives from the National Health Commission, the MoEM, the Ministry of Human Resources and Social Development (MoHRSS), the Bureau of Medical Insurance and the All-China Federation of Trade Unions (ACFTU), among others. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national OSH policy, and to provide more detailed information on the consultations held with the organizations of workers and employers concerned in this respect, including the name of these participating organizations and the results of the consultation.

Article 9. System of inspection and provision of adequate penalties for violations. Following its previous comments, the Committee notes the Government’s indication that the function of the system of OSH inspections under the Ministry of Emergency Management remains the same as under the former State Administration of Work Safety. In addition, according to the Measures for the investigation and handling of major accidents, the Work Safety Committee of the State Council supervises the investigation of major accident and publishes relevant information once such accidents are confirmed. From June 2018 to June 2022, 39 major accidents were announced, with only 3 in the first half of 2022. The Government also refers to the 14th Five-Year National Plan for Occupational Safety, which provides for the reform of supervision mechanisms, including the coordination of the Commission for production safety under the State Council, the strengthened organization and capacity for supervision in mining sector, and the promotion of safe production in small and micro enterprises and rural areas. The Government further indicates that it envisages to establish a regular collaboration mechanism between administrative law enforcement and criminal justice regarding occupational safety. The Criminal Code was amended in 2020, to reinforce penalties for crimes related to violations of safety rules, and the elaboration of judicial interpretation is planned, in order to ensure its effective enforcement in practice. Moreover, the National Health Commission (NHC) is in charge of the supervision in the field of occupational health and it issued a series of polices and enforcement working rules. In 2020, special inspection activities were carried out targeting dust hazards, to prevent the occurrence of pneumoconiosis. In 2021 – 2022, the focus was put on unannounced inspection visits. The Committee requests the Government to provide further statistical information on the enforcement of relevant legislation by competent authorities, such as the planning of inspection activities, the number of inspection visits carried out, the number of contraventions detected and the penalties imposed, both regarding work safety by the MoEM and occupational health by the NHC.

Article 15(1). Necessary coordination between various authorities and bodies. Following its previous comments, the Committee notes that the MoEM is in charge of the comprehensive supervision and management of work safety, under which the Work Safety Enforcement and Industrial and Trade Safety Supervision Authority and the State Mining Safety Inspection Bureau are respectively responsible for industry, commerce and mining. The Department of Occupational Health under the NHC is responsible for the elaboration of relevant regulations and enforcement. In addition to the Work Safety Commission under State Council, the Government also refers to the Inter-Ministerial Joint Conference on Prevention and Control of Occupational Diseases as the cooperation mechanism in the field of occupational disease prevention. The Committee requests the Government to continue to provide information on the complementary measures taken with a view to ensuring the necessary coordination between various authorities and bodies, in conformity with Article 15(1) of the Convention.

B.Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 15 of the Convention. Information and training. The Committee notes the Government’s reference to the Opinions on comprehensively strengthening work safety related to dangerous chemicals, which stressed the importance of the qualifications for workers dealing with hazardous chemicals. The Committee also notes the Regulations on labour protection in places where toxic substances are used. Section 18 provides that employers shall inform the workers of the hazards and consequences of occupational poisoning that may arise in the course of their work, relevant protective measures and treatment and other relevant information. Such information must be clearly written down in the labour contract. If there are any subsequent changes involving exposure to toxic substances, the employer shall provide this information to workers concerned and revise the labour contract accordingly. Section 19 provides that employers shall provide trainings to workers before employment and periodically during employment, covering relevant laws and regulations, work methods and procedures, as well as instructions on correct usage of collective and individual protection equipment. According to section 23, the packing of toxic substances shall be in compliance with national standards, in particular with safety labels that are easy for workers to read and understand. Section 39 provides that workers have the right to obtain the relevant information and materials before starting work, including the nature and the hazardous components of toxic substances, prevention and protection measures, safety labels, signs and relevant materials, instruction manual for safe use, as well as any other information relevant to the safe use of toxic substances. The Committee takes note of the information of the Government, which addresses its previous request.

Application in practice. Following its previous comments, the Committee notes the Government’s indication that the decrease in the number of cases of chronic occupational poisoning previously reported from 2018 to 2019 was due to the strengthened occupational health supervision, enhanced protection measures in enterprises and improved production processes and technology, such as better isolation of duty stations exposed to harmful substances and substitution of low toxic or non-toxic substances. The Committee requests the Government to continue to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed, and occupational accidents and cases of occupational diseases (including cases of chronic occupational poisoning) reported as being caused by exposure to chemical substances.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Principles and Fundamental Rights at Work. The Committee draws the Government's attention to the possibility of requesting technical assistance from the Office for the purpose of bringing both the practice and the applicable legislation into conformity with the fundamental Conventions relating to OSH and to provide support for any consideration for ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

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

Articles 1(3) and 7 of the Convention. Self-employed persons. Following its previous comments, the Committee notes the Government’s indication that the Law on Work Safety also applies to self-employed persons. The Committee also notes that, as amended in 2021, section 4 of the Law on Work Safety specifies its application to new forms of employment, including those in the platform economy. Section 6 provides that the law applies to all persons performing work. The Committee notes the above information which addresses its previous request.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s response to its previous comment that the Ministry of Housing and Urban-Rural Development widely consulted stakeholders when developing normative documents in work safety, including concerned enterprises, employers’ associations, trade unions, experts and the public. In this regard, the Government refers to the adoption of the Guidelines for the workplan of construction projects with increased risk and multiple components, the Criteria determining major work safety hazards in building construction and municipal infrastructure works, and the List of outdated work process, equipment and materials endangering work safety in construction. The Committee requests the Government to continue to provide information on the consultations held with the most representative organizations of employers and workers regarding the measures to be taken to give effect to the Convention, as well as specific information on the outcome of these consultations.

Articles 13 and 28. Safety at the workplace and health hazards. The Committee notes the information provided by the Government, in response to its previous request, on the adoption of a number of normative documents, in particular the Catalogue of Elimination of Obsolete Construction Processes, Equipment and Materials Endangering Production Safety in Housing Construction and Municipal Infrastructure Projects issued in 2021. The Government also refers to the Notice on Carrying out Production Safety Management of Housing and Municipal Projects (JZD [2022] No.19) issued by the Ministry of Housing and Urban-Rural Development in March 2022, which requires the improvement of preventive measures in construction sites by mobilizing human, material and technological resources and deploring more effective protective measures on the ground. Noting these indications, the Committee requests the Government to continue to provide information on the steps taken to ensure that appropriate preventive measures are taken against exposure in construction to any chemical, physical or biological hazards, in accordance with Article 28 of the Convention

Article 15. Lifting appliances. Following its previous comments, the Committee notes the Government’s reference to the Guidelines for the workplan of construction projects with increased risk and multiple components, part 3 of which provides for the designing of work plans for the installation and demolition of lifting appliances, in order to ensure its safe use. The Committee requests the Government to continue to provide information on any measures taken to ensure the safe installation and use of lifting appliances and items of lifting gear in practice, in accordance with Article 15 of the Convention.

Article 23. Work over water. Following its previous comments, the Committee notes the Technical Rule of Safety Protection in Construction Projects related to Transport by Water (JTS205-1-2008) approved by the Ministry of Transport. Section 4.3 provides for detailed safety requirements for temporary ports and work platforms over water, such as elements to be taken into consideration in design processes, measures to ensure stability, safety requirements of the working space, protection fence and ladders, safety signs and lifesaving equipment, communication tools, as well as trestles and diving boards. The Committee requests the Government to indicate if there are any technical rules applying to construction projects over water or in close proximity to water other than those related to water transport.

Article 32(2) and (3). Welfare of workers and provision of separate sanitary and washing facilities. The Committee notes the Government’s response to its previous comment regarding specific requirements on the number of toilets and their layout as provided for by section 3.2.3 of the Standard of Construction Safety Inspection (JGJ59-2011). The Government refers to the Technical Standards on Temporary Structures on Construction Sites (JGJ/T188-2009), which provides for specific requirements related to the provision of automatic flush or portable toilets on construction sites, the number of toilets, washbasins and showers, to be provided per number of workers, as well as for the provision of shower rooms with lockers or racks. The Committee notes the Government’s information which addresses its previous request.

Article 33. Information and training. The Committee notes the Government’s information regarding the provision of safety trainings to workers in practice, according to which, the Criteria determining major work safety hazards in building construction and municipal infrastructure works (2022 Edition) re-emphasizes the importance of safety training for construction personnel. It classifies cases where the main person in charge of the construction unit, the person in charge of the project, and the full-time production safety management personnel have not obtained the safety assessment certificate, and technicians in special categories have not obtained relevant permit or qualification to engage in relevant work as major accident hazards. The Ministry also initiates governance campaign to ensure that the training is provided as required. The Committee requests the Government to provide detailed information on the application of Article 33 of the Convention in practice in order to ensure safety training for workers, specifying methods used to verify the provision of trainings and as well as the measures taken in the context of the governance campaign undertaken on training.

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.

The Committee takes note of the supplementary information on the application of Conventions Nos 155, 167 and 170 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 below under legislative developments, Articles 13 and 28 of Convention No. 167, and Article 5 and application in practice of Convention No. 170), as well as on the basis of the information at its disposal in 2019.

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), 167 (OSH in construction) and 170 (chemicals) together.

The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), communicated with the Government’s reports on the application of these Conventions.

Legislative developments. The Committee takes note of the information in the Government’s supplementary reports regarding the laws, regulations and policy documents adopted since 2019, relating to the application of the ratified OSH Conventions. The Committee requests the Government to continue providing information on developments in this respect.

General provisions

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

Articles 1, 2 and 3 of the Convention. Scope of application of the Convention. The Committee previously requested the Government to indicate the manner in which the Convention is applied to workers that are not covered by the Law on Work Safety, namely, government bodies, public entities and non-profit organizations. In this regard, the Committee notes the indication in the Government’s report that laws on OSH which cover government bodies, public institutions and non-profit organizations include the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases, the Regulation on Work-Related Injury Insurance and the Special Rules on the Labour Protection of Female Employees. Taking due note of the information provided, the Committee requests the Government to provide further information on the manner in which it ensures, in law or in practice, the application of the protection granted by the Convention to workers engaged in workplaces that are not covered by the Law on Work Safety, including with respect to the matters covered by: Article 9 (inspection and enforcement); 13 (protection of workers who have removed themselves from which they have reasonable justification to believe presents an imminent and serious danger to their life); 17 (two or more undertakings at the same workplace); 18 (measures to deal with accidents, including first aid); 19(a) (workers’ cooperation); 19(f) (reporting and returning to a work situation where there is continuing imminent and serious danger to the worker’s life); and 20 (cooperation between management and workers and/or their representatives) of the Convention.

Articles 4 and 8. National policy and laws to give effect to the Convention. In response to its previous request on measures taken to periodically review the national policy and the tripartite consultations held in this respect, the Committee notes the indication of the Government that the Work Safety Commission of the State Council meets annually to analyse and issue policies on OSH. The Government states that, in the formulation and revision of national policies, the relevant departments and authorities solicit opinions, including those of enterprises and the public. It further notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of laws and regulations related to OSH. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national policy, and to provide more specific information on the consultations held with the organizations of workers and employers concerned in this respect.

Article 9. System of inspection and provision of adequate penalties for violations. Following its previous comments, the Committee notes the Government’s statement that the safety supervision departments and the coal mine safety supervision agencies have strengthened their supervision since 2015. According to the Government, the safety supervision departments and coal mine safety supervision agencies at various levels supervised 8.619 million production and business units between 2015 and 2018, ordered 26,000 suspensions of production or business for rectification, imposed 597,000 administrative penalties as well as 376,000 economic penalties and fines amounting to ¥11.82 billion, and investigated 24,419 production safety accidents. In addition, the Committee notes the indication of the Government that, following an institutional reform in 2018, the Ministry of Emergency Management (MEM) was established, integrating responsibilities from 11 departments, including the former State Administration of Work Safety. The Government states that MEM is in charge of the supervision and management of work safety in industrial, mining and commercial industries. The Committee requests the Government to provide information regarding the functioning of the system of OSH inspection following the establishment of MEM. The Committee also requests the Government to continue to provide information on the enforcement of penalties for violations detected, including the number of contraventions detected by inspectors in the field of OSH and the sanctions imposed.

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery or equipment. Following its previous comments on measures taken to give effect to Article 12(b) with respect to machinery or equipment, the Committee notes the information provided by the Government, including its indication that, pursuant to section 30 of the Law on Work Safety, special equipment with increased and potentially life-threatening risks, as well as containers and transport vehicles for dangerous articles, shall only be put to use after the issuance of safe use certificates and safety tags. The Committee also notes section 12 of the Regulations on Safety Supervision and Administration of Agricultural Machinery, which provides that agricultural machinery may be sold only after passing an inspection and if it is accompanied by detailed safe operating instructions and safety warning signs.

Article 15(1). Necessary coordination between various authorities and bodies. The Committee notes that, while the Government states that MEM is responsible for the comprehensive supervision and management of OSH in industrial, mining and commercial industries, the functions of MEM are not limited to OSH and instead cover overall emergency planning at the national level. In addition, the Committee notes the Government’s indication that certain of the former State Administration of Work Safety’s responsibilities for the supervision and management of OSH have also been taken over by the National Health Commission, which is in charge of drafting and implementing policies and standards related to OSH, monitoring certain occupational diseases, as well coordinating the prevention and control of occupational diseases, among other functions. The Committee requests the Government to provide further information on the functions of MEM in the field of OSH. The Committee also requests the Government to provide information regarding the arrangements in place to ensure the necessary co-ordination between MEM and other bodies called upon to give effect to the Convention, including the National Health Commission, in accordance with Article 15(1) of the Convention.

Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee previously noted the Government’s statement that a system to establish the prohibition or restriction of the use of certain hazardous chemicals is provided for under the Regulations on the Control over the Safety of Hazardous Chemicals, and requested information on any further measures taken in the application of Article 5 of the Convention. The Committee notes the statement in the Government’s report that each region is encouraged, pursuant to section 17 of the Comprehensive Scheme for the Administration of Hazardous Chemicals, to formulate a catalogue of prohibited, restricted and controlled hazardous chemicals, and that Shanghai, Shenzhen and other cities have already issued such a catalogue in their respective regions. The Government also indicates in its supplementary report that on 30 May 2020, the Catalogue of Specially Controlled Hazardous Chemicals (First Edition) was issued and implemented by the MEM, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Ministry of Transport.

Article 15. Information and training. In the absence of additional information in response to its previous comments, the Committee once again requests the Government to provide information on the measures taken to ensure that workers are provided training on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work, including with respect to the transport of chemicals. The Committee further requests the Government to provide information on the monitoring and enforcement of the standards in this respect.

Application in practice. In response to its previous comments, the Committee notes the statistics provided by the Government, including on the 363 cases of acute occupational poisoning and 970 cases of chronic occupational poisoning reported nationwide in 2018. The Committee also notes the Government’s indication in its supplementary report, that 295 cases of acute occupational poisoning and 483 cases of chronic occupational poisoning were reported nationwide in 2019. The Committee requests the Government to continue to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed, and occupational accidents and cases of occupational diseases reported as being caused by exposure to chemical substances. Noting the significant decrease in the number of cases of chronic occupational poisoning reported between 2018 and 2019, the Committee requests the Government to provide information on the reasons for this decrease.

Protection in specific branches of activity

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

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in response to the Committee’s previous request, that the national legislation provides that self employed persons have a duty to comply with the relevant regulations and have rights related to work safety. In this respect, the Government refers to section 6 of the Law on Work Safety, which states that employees of production and business units shall have the right to occupational safety, and shall discharge their occupational safety duties, in accordance with the law. The Government indicates that this section covers, among others, temporary workers and dispatched workers. The Committee recalls that, pursuant to Article 1(3) of the Convention, the Convention applies to such self-employed persons as may be specified by national laws or regulations. The Committee requests the Government to provide further information on any legislation or regulations that have been adopted related to the application of safety and health measures to self-employed persons.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s statement, in response to the Committee’s previous request concerning consultations, that trade union organizations are extensively and actively involved in safety management of the construction industry, mostly at the provincial, local and sectoral levels. The Committee also notes the information provided by the Government concerning consultation at the level of the construction enterprises. With reference to its comments on Convention No. 155, the Committee notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of OSH laws and regulations and that it attaches great importance to the occupational safety and health of all workers, including construction workers. The Committee requests the Government to continue to provide information on the consultations held with the most representative organizations of employers and workers regarding the measures to be taken to give effect to the Convention, as well as specific information on the outcome of these consultations.

Articles 13 and 28. Safety at the workplace and health hazards. The Committee previously noted that section 32 of the Administrative Regulations on Work Safety in Construction Projects provides that employers are required to provide workers with protective equipment and clothing as well as information on operating standards and procedures.

The Committee notes the information provided by the Government, in response to its previous request, on the adoption of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) which provides, in section 3.1.2, that safety education and training shall be conducted when new technologies, new processes, new equipment and new materials are introduced in construction. The Committee also notes the Government’s indication that, in 2018, 983 cases of occupational diseases were reported in the construction sector and the main diseases reported were occupational pneumoconiosis, occupational poisoning and hearing impairment. In addition, the Committee notes the Government’s reference, in its supplementary report, to prevention measures taken for the safe resumption of construction work in the COVID-19 context. With reference to its comments on Conventions Nos 155 and 170 above, the Committee requests the Government to provide further information on the steps taken to ensure that appropriate preventive measures are taken against exposure in construction to any chemical, physical or biological hazards, in accordance with Article 28 of the Convention. The Committee requests the Government to provide further information on the implementation of section 32 of the Administrative Regulations on Work Safety in Construction Projects in practice, with respect to the provision of personal protective equipment.

Article 15. Lifting appliances. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the Regulations on Safety Supervision and Management of Construction Hoisting Machinery (Order No. 166) regulate the use of major lifting appliances at construction sites. The Committee also notes the adoption of Standards for Safety Inspection of Municipal Engineering Construction (2018), Chapter 8 of which contains requirements related to the inspection of mobile cranes and construction hoists. It further notes the information provided concerning the qualification certificates required for hoisting machinery operators, in accordance with the Safety Handbook for Construction Site Workers of Engineering Projects (2016) and the Regulation on the Evaluation Management of Safety Technical Training of Special Operation Personnel (Order No. 30 of the State Administration of Work Safety). The Committee further notes the Government’s indication that hoisting accidents accounted for 7.5 per cent of all fatal occupational accidents in the construction sector in 2018 (55 fatal occupational accidents). The Committee requests the Government to continue to provide information on the measures taken to ensure the safe installation and use of lifting appliances and items of lifting gear in practice, in accordance with Article 15 of the Convention.

Article 21. Work in compressed air. The Committee notes the information provided by the Government, in response to its previous request on the implementation of Article 21 of the Convention concerning work in compressed air, on the Code for construction of open caissons and pneumatic caissons (GB/T51130) which contains safety specifications for the construction of caissons, including the required design, planning and monitoring measures.

Article 23. Work over water. The Committee notes the information provided by the Government, in response to the Committee’s request concerning the implementation of Article 23, regarding the Code for Construction of Water and Sewer Pipeline Works (GB 50141-2008). It requests the Government to provide further information on the measures taken or envisaged to give effect to Article 23 related to construction work done over or in close proximity to water.

Article 32(2) and (3). Welfare of workers and provision of separate sanitary and washing facilities. The Committee previously requested information on the standards established for sanitary and washing facilities at construction sites.

The Committee notes the Government’s reference to section 3.2.3 of the Standard of Construction Safety Inspection (JGJ59-2011), which provides that the number of toilets and their layout shall conform to specified requirements, that the toilets shall meet the established sanitary requirements, and that shower rooms shall be sufficient to meet the needs of workers on construction sites (paragraph 3). The Committee requests the Government to provide further information on the standards established for sanitary and washing facilities at construction sites, including the requirements referred to in paragraph 3 of section 3.2.3 of the Standard of Construction Safety Inspection. It also requests the Government to provide information on the measures taken or envisaged to ensure that men and women workers are provided with separate sanitary and washing facilities.

Article 33. Information and training. The Committee previously noted that construction workers are entitled, under national law, to receive safety training on safe operations and protection measures, and it requested information on the provision of such training in practice.

The Committee notes the Government’s indication, in reply to the Committee’s request, on the requirements for construction enterprises to implement a training system composed of 32 hours of training for new workers as well as at least 20 hours of retraining every year, in accordance with the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training (No. 13 of 2013). The Decision provides that workers who have not received the training or who fail to pass the qualification tests after receiving such training may not be assigned to posts. It also notes that section 3.1.2 of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) requires safety education when new technologies, new processes, new equipment and new materials are introduced and provides that project managers, occupational safety managers and workers shall receive safety education and training every year. The Committee requests the Government to provide detailed information on the application of Article 33 of the Convention in practice, including the manner in which it monitors the application of the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training in practice in the construction sector.

Article 34. Reporting of accidents and diseases. The Committee notes the Government’s indication, in response to the Committee’s previous request on measures to ensure the reporting of occupational accidents and diseases in the construction industry to the competent authority, that since 2015 the occupational health supervision and management department has increased law enforcement with respect to construction units. The Government indicates that the number of construction units penalised under the law has increased. The Committee also notes the statistics provided in the Government’s report on the number of accidents in the construction sector, disaggregated by cause of accident, as well as the number of occupational diseases in the sector. In this respect, the Committee refers to its comments under Article 11(c) and (e) of Convention No. 155.

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.

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), 167 (OSH in construction) and 170 (chemicals) together.

The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), communicated with the Government’s reports on the application of these Conventions.

General provisions

Articles 1, 2 and 3 of the Convention. Scope of application of the Convention. The Committee previously requested the Government to indicate the manner in which the Convention is applied to workers that are not covered by the Law on Work Safety, namely, government bodies, public entities and non-profit organizations. In this regard, the Committee notes the indication in the Government’s report that laws on OSH which cover government bodies, public institutions and non-profit organizations include the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases, the Regulation on Work-Related Injury Insurance and the Special Rules on the Labour Protection of Female Employees. Taking due note of the information provided, the Committee requests the Government to provide further information on the manner in which it ensures, in law or in practice, the application of the protection granted by the Convention to workers engaged in workplaces that are not covered by the Law on Work Safety, including with respect to the matters covered by: Articles 9 (inspection and enforcement); 13 (protection of workers who have removed themselves from which they have reasonable justification to believe presents an imminent and serious danger to their life); 17 (two or more undertakings at the same workplace); 18 (measures to deal with accidents, including first aid); 19(a) (workers’ cooperation); 19(f) (reporting and returning to a work situation where there is continuing imminent and serious danger to the worker’s life); and 20 (cooperation between management and workers and/or their representatives) of the Convention.

Articles 4 and 8. National policy and laws to give effect to the Convention. In response to its previous request on measures taken to periodically review the national policy and the tripartite consultations held in this respect, the Committee notes the indication of the Government that the Work Safety Commission of the State Council meets annually to analyse and issue policies on OSH. The Government states that, in the formulation and revision of national policies, the relevant departments and authorities solicit opinions, including those of enterprises and the public. It further notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of laws and regulations related to OSH. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national policy, and to provide more specific information on the consultations held with the organizations of workers and employers concerned in this respect.

Article 9. System of inspection and provision of adequate penalties for violations. Following its previous comments, the Committee notes the Government’s statement that the safety supervision departments and the coal mine safety supervision agencies have strengthened their supervision since 2015. According to the Government, the safety supervision departments and coal mine safety supervision agencies at various levels supervised 8.619 million production and business units between 2015 and 2018, ordered 26,000 suspensions of production or business for rectification, imposed 597,000 administrative penalties as well as 376,000 economic penalties and fines amounting to ¥11.82 billion, and investigated 24,419 production safety accidents. In addition, the Committee notes the indication of the Government that, following an institutional reform in 2018, the Ministry of Emergency Management (MEM) was established, integrating responsibilities from 11 departments, including the former State Administration of Work Safety. The Government states that MEM is in charge of the supervision and management of work safety in industrial, mining and commercial industries. The Committee requests the Government to provide information regarding the functioning of the system of OSH inspection following the establishment of MEM. The Committee also requests the Government to continue to provide information on the enforcement of penalties for violations detected, including the number of contraventions detected by inspectors in the field of OSH and the sanctions imposed.

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery or equipment. Following its previous comments on measures taken to give effect to Article 12(b) with respect to machinery or equipment, the Committee notes the information provided by the Government, including its indication that, pursuant to section 30 of the Law on Work Safety, special equipment with increased and potentially life-threatening risks, as well as containers and transport vehicles for dangerous articles, shall only be put to use after the issuance of safe use certificates and safety tags. The Committee also notes section 12 of the Regulations on Safety Supervision and Administration of Agricultural Machinery, which provides that agricultural machinery may be sold only after passing an inspection and if it is accompanied by detailed safe operating instructions and safety warning signs.

Article 15(1). Necessary coordination between various authorities and bodies. The Committee notes that, while the Government states that MEM is responsible for the comprehensive supervision and management of OSH in industrial, mining and commercial industries, the functions of MEM are not limited to OSH and instead cover overall emergency planning at the national level. In addition, the Committee notes the Government’s indication that certain of the former State Administration of Work Safety’s responsibilities for the supervision and management of OSH have also been taken over by the National Health Commission, which is in charge of drafting and implementing policies and standards related to OSH, monitoring certain occupational diseases, as well coordinating the prevention and control of occupational diseases, among other functions. The Committee requests the Government to provide further information on the functions of MEM in the field of OSH. The Committee also requests the Government to provide information regarding the arrangements in place to ensure the necessary co-ordination between MEM and other bodies called upon to give effect to the Convention, including the National Health Commission, in accordance with Article 15(1) of the Convention.

Protection against specific risks

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee previously noted the Government’s statement that a system to establish the prohibition or restriction of the use of certain hazardous chemicals is provided for under the Regulations on the Control over the Safety of Hazardous Chemicals, and requested information on any further measures taken in the application of Article 5. The Committee notes the statement in the Government’s report that each region is encouraged, pursuant to section 17 of the Comprehensive Scheme for the Administration of Hazardous Chemicals, to formulate a catalogue of prohibited, restricted and controlled hazardous chemicals, and that Shanghai, Shenzhen and other cities have already issued such a catalogue in their respective regions. The Committee requests the Government to continue to provide information on any developments in this regard.

Article 15. Information and training. In the absence of additional information in response to its previous comments, the Committee once again requests the Government to provide information on the measures taken to ensure that workers are provided training on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work, including with respect to the transport of chemicals. The Committee further requests the Government to provide information on the monitoring and enforcement of the standards in this respect.

Application in practice. In response to its previous comments, the Committee notes the statistics provided by the Government, including on the 363 cases of acute occupational poisoning and 970 cases of chronic occupational poisoning reported nationwide in 2018. The Committee requests the Government to continue to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed, and occupational accidents and cases of occupational diseases reported as being caused by exposure to chemical substances.

Protection in specific branches of activity

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in response to the Committee’s previous request, that the national legislation provides that self employed persons have a duty to comply with the relevant regulations and have rights related to work safety. In this respect, the Government refers to section 6 of the Law on Work Safety, which states that employees of production and business units shall have the right to occupational safety, and shall discharge their occupational safety duties, in accordance with the law. The Government indicates that this section covers, among others, temporary workers and dispatched workers. The Committee recalls that, pursuant to Article 1(3) of the Convention, the Convention applies to such self-employed persons as may be specified by national laws or regulations. The Committee requests the Government to provide further information on any legislation or regulations that have been adopted related to the application of safety and health measures to self-employed persons.

Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s statement, in response to the Committee’s previous request concerning consultations, that trade union organizations are extensively and actively involved in safety management of the construction industry, mostly at the provincial, local and sectoral levels. The Committee also notes the information provided by the Government concerning consultation at the level of the construction enterprises. With reference to its comments on Convention No. 155, the Committee notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of OSH laws and regulations and that it attaches great importance to the occupational safety and health of all workers, including construction workers. The Committee requests the Government to continue to provide information on the consultations held with the most representative organizations of employers and workers regarding the measures to be taken to give effect to the Convention, as well as specific information on the outcome of these consultations.

Articles 13 and 28. Safety at the workplace and health hazards. The Committee previously noted that section 32 of the Administrative Regulations on Work Safety in Construction Projects provides that employers are required to provide workers with protective equipment and clothing as well as information on operating standards and procedures.

The Committee notes the information provided by the Government, in response to its previous request, on the adoption of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) which provides, in section 3.1.2, that safety education and training shall be conducted when new technologies, new processes, new equipment and new materials are introduced in construction. The Committee also notes the Government’s indication that, in 2018, 983 cases of occupational diseases were reported in the construction sector and the main diseases reported were occupational pneumoconiosis, occupational poisoning and hearing impairment. With reference to its comments on Conventions Nos 155 and 170 above, the Committee requests the Government to provide further information on the steps taken to ensure that appropriate preventive measures are taken against exposure in construction to any chemical, physical or biological hazards, in accordance with Article 28 of the Convention. The Committee requests the Government to provide further information on the implementation of section 32 of the Administrative Regulations on Work Safety in Construction Projects in practice, with respect to the provision of personal protective equipment.