Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the information in the Government’s reports submitted in 2003, 2004 and 2005, including a copy of the Regulations for Safe Management of Dangerous Chemicals adopted in January 2002. It notes with interest that, in addition to these Regulations, the following new laws, giving effect to the provisions of the Convention, have been adopted: the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases of October 2001; Regulations for Protection of Labour in Workplaces Using Toxic Substances of 12 May 2002; the Law of the People’s Republic of China on Safety in Production of 29 June 2002 and Rules Governing Safe Production Licences of 13 January 2004. The Committee also notes the issuance of the Procedures for Implementing Safe Production Licences for Hazardous Chemical Producers of 17 May 2004 and the Procedures for Implementing Safe Production Licences for Fireworks and that the department responsible for work safety is in the process of drafting certain other regulations and implementation procedures giving further effect to the Convention, including, inter alia, Administrative Procedures for the Assessment of the Hazards of Chemicals and their Classification. The Committee notes with interest that the State Administration of Production Safety and Supervision issued on 8 April 2003, a circular requiring the disposal of hazardous waste chemicals in conformity with the "Law on Preventing Solid Wastes from Polluting the Environment and its Control" and that on 21 May 2004, 11 state organs had jointly printed and distributed a "Plan for intensifying the campaign targeting the safety of hazardous chemicals". The Government is requested to transmit copies of relevant new laws, regulations, procedures and other referenced documentation such as the Plan for intensifying the campaign targeting the safety of hazardous chemicals, including, as available, translations thereof into one of the working languages of the ILO.

2. Article 5. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the indication of the Government that there is no complete and harmonized list of such chemicals and that the concerned departments would be consulted in order to prepare such a list. Please indicate the progress made in this regard, particularly by indicating whether a list of banned or restricted chemicals has been drawn up and, if so, inform the Committee thereof.

3. Article 6. Classification systems. The Committee notes that the criteria for classification in force include the national standard "Classification and marking of frequently used dangerous chemicals (GB 13690-92)" and "Classification and marking of dangerous goods (GB 6944-86)". It notes that the Government is in the process of developing a methodology for evaluating the toxicity of chemicals. It also notes that a chemicals classification system is being developed and that the "Globally Harmonized System of Classification and Labelling (GHS)" is being studied to establish criteria for the classification of chemicals on that basis. It further notes that, in respect of transport, the "Recommendations on the transport of dangerous goods" prepared by the Economic and Social Council, and its addendum "UN model regulations on the transport of dangerous goods", and supplementary addendum "Manual of tests and criteria" will be taken into account. Please indicate progress made in these respects.

4. Article 7. Marking and labelling. The Committee notes that the Regulations for Safe Management of Dangerous Chemicals require the labelling of hazardous chemicals in accordance with Article 7, paragraph 2, of the Convention and that the requirements for the preparation and fixing of labels are specified in the Regulations for Preparing Chemical Safety Labels (GB 15258-1999). The Government is requested to indicate the specific provisions of national legislation that give effect to the requirement in Article 7, paragraph 1, of the Convention, of marking all chemicals so as to indicate their identity.

5. Article 8. Chemical safety data sheets. The Committee notes that, from 1 June 2000, the Government began to implement the national standard "Technical notes on chemical safety (GB 16483-2000)", that the Regulations for Safe Management of Dangerous Chemicals require manufacturing enterprises to ensure that information leaflets on technical aspects of chemical safety are placed in the packages of hazardous chemicals and that the Regulations for Preparing Information Leaflets on Technical Aspects of Chemical Safety regulate the preparation of such leaflets. Please clarify whether the information leaflets referred to contain detailed information regarding the identity of the hazardous chemicals, their supplier, classification, hazards, safety precautions and emergency procedures in accordance with Article 8, paragraph 1, of the Convention and also whether the data sheets follow the format proposed through the "Globally harmonized system of classification and labelling of chemicals".

6. Article 14. Disposal. The Committee notes the indication of the Government that it is in the process of developing rules to give effect to this Article. Please indicate the progress made in this respect.

7. Article 15. Information and training. The Committee notes with interest that safety training for persons working with hazardous chemicals has been intensified nationwide. It also notes that the State Administration of Safety in Production intends to formulate a national standard on the use of chemical safety signs in workplaces. Please indicate progress in these respects.

8. Part V of the report form. Practical application of the Convention. The Committee notes the indication of the Government that it is yet to assess the methodology to implement the Convention and that it intends making such an assessment. It also notes that a National Centre for Registration of Chemicals has been established at the national level and that offices for the registration of chemicals have been set up in all provinces, autonomous regions and cities under the direct jurisdiction of the central Government; that the State Administration of Work Safety is in the process of preparing the "Eleventh Five-Year Development Plan for the Safe Production of Hazardous Chemicals" and that the State Administration of Work Safety intends to make feasibility studies for the setting up of a centre for preventing accidents and making technical assessment and analysis of hazardous chemicals and also intends setting up appropriate laboratories for assessing the hazards of chemicals and techniques used in the prevention of hazardous chemical accidents. The Committee also notes that the State Administration of Work Safety is making efforts to formulate a plan for building up a chemical accident emergency rescue system and state reserve plan for seeking assistance in response to chemical accident emergencies, in the near future. The Committee invites the Government to provide further information on progress made in all these respects and, in particular, to submit a copy of the Eleventh Five-Year Development Plan for the Safe Production of Hazardous Chemicals, once it has been adopted.