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

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

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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.