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

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

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.