ACFTU All-China Federation of Trade Unions

CEDA China Enterprise Directors' Association

MOA Ministry of Agriculture

MOH Ministry of Health

MOL Ministry of Labour

MOCI Ministry of Coal Industry

OSH Occupational safety and health

PSA Public Security Authority

SOE State-owned enterprise

TVEs Township and village enterprises

According to officially available national statistics on occupational accidents in China published by the MOL, the total number of fatalities in TVEs is almost 10,000 every year (table 7), accounting for about 50 per cent of all fatalities caused by occupational accidents. According to an MOL study, the annual rate of fatal accidents in TVEs is around 1 per thousand workers four to five times higher than that of state-owned enterprises (SOEs). According to the MOA, the total number of fatalities in 1995 was 3,863, which is much lower than the MOL figure.

  As noted in the previous section, the difference in statistics is largely the result of definitional differences. Certainly the data ought to be read with great care. There is an urgent need to standardize the development of a statistical series on occupational accidents in TVEs, and to improve the reporting of accidents.

  The actual number of fatal accidents in TVEs could be much higher as many construction accidents might not be properly reflected in the figures in table 7 due to the complicated reporting system. For example, in Suzhou City, construction accidents should be compiled according to the type of construction, either through construction bureaus or construction committees at the township level. Confusion over the appropriate authority to which reports should be submitted may result in under-reporting. Furthermore, the construction industry employs a large number of migrant workers whose deaths might not be properly reported.

Table 7. Fatal accidents and serious injuries (persons) in TVEs, 1993-94

Medical surveillance of workers exposed to health hazards is carried out through the nationwide network of disease-prevention stations of the Ministry of Health (MOH). In 1995, out of the 25,133,577 workers exposed to health hazards only 3,835,225 underwent medical examination. The examination rate was 15.3 per cent, the lowest in recent years.

The coverage of workers in TVEs, compared with those in SOEs, is considered to be very low. In particular, those run by joint households and individuals are often out of the scope of medical surveillance. Table 8 on occupational diseases in TVEs should be read with an understanding of the limitations of medical surveillance.

Despite the fact that the scale of TVE activities, as a whole, is similar to that of SOEs, and the working environment of TVEs is often worse than that of SOEs, the number of reported occupational diseases in TVEs is very small compared with that of SOEs, which accounted for more than 12,000 in 1995. The reasons for this gap could include under-reporting due to insufficient medical surveillance and the high mobility of workers in TVEs, as well as the shorter period of growth of TVEs. Most TVEs are relatively new, and the accumulated duration of workers' exposure to hazards has not yet reached a level to develop into occupational diseases, particularly pneumoconiosis. According to MOH experts, data compiled through the MOH network reflects, at best, only a quarter of hospital records. Official figures of occupational diseases in TVEs should, therefore, be regarded as the tip of the iceberg of occupational health problems.

The MOH report, Study on need and countermeasures for occupational health care in township industries (1992), revealed that only 36.89 per cent of sampled points in 2,593 TVEs cleared the national exposure limits of occupational health hazards such as benzene, asbestos, chromium, lead, dust and noise (table 9). As the survey covered relatively large TVEs, the situation for all TVEs could be worse. Actually, the target clearance rate for the Ninth Five-Year Plan, set by the MOL, is 30 per cent in recognition of the current situation.

As shown in table 10, the ratio of TVEs providing medical examination to workers exposed to health hazards is very low, particularly in small TVEs. Though the data in the table is an analysis of the situation in 1989, the situation in 1996 could be assumed to be worse as the total ratio of the workers in SOEs and TVEs receiving medical examination has been decreasing in recent years.

The adverse environmental impact of many TVEs on the community has been a matter of serious concern. The Government has taken concrete steps to respond to the problem. In July 1996 the National Environmental Protection Agency closed down about 1,000 small paper mills in Huaihe River Valley, following the closure of nearly 400 pollution-causing small factories in the past two years. In Fujian Province, which has about 670,000 TVEs, glass-mosaic producers causing serious pollution were shut down, and new production technology was required to be adopted in many other enterprises, mostly TVEs. The working environment is an integral aspect of the general environment. The adverse environmental impact and many occupational hazards are due, in part, to the low level of technology used, exacerbated by the transfer of harmful or toxic-waste-generating urban enterprises to rural areas, sometimes without installing appropriate safety-production facilities. Every effort should be made to link increased environmental awareness with awareness about the working environment.

  Small TVEs

  The size of TVEs in terms of the number of workers varies significantly, from the self-employed to enterprises with several thousand workers. Enterprises owned by townships and villages usually have more than 20 workers, but the majority of TVEs owned by individuals are very small, with less than ten workers. Most managers and workers were originally farmers and have little knowledge of OSH. Furthermore, most workers have very little education. The government OSH administrative system cannot reach very small TVEs, which do not have the capacity to solve their own OSH problems. It is necessary to develop mechanisms to extend OSH services, including legislation, enforcement and training, to these neglected target groups.

Township and village coal mines

  According to the incomplete statistics compiled by the Ministry of Coal Industry (MOCI), there were 46,400 township and village coal mines employing 3 million workers, with 4,286 deaths in these mines in 1995. The ILO report, Recent developments in the coal mining industry, for the Thirteenth Session of the Coal Mines Committee in 1995, reported that the fatal accident rate in small village mines was much higher than the 1993 figure of six fatalities per million tonnes of coal mined indicated by the Government for the industry as a whole. In the more closely regulated township mines, about 8.5 deaths per million tonnes of coal mined were reported. Accidents were caused by difficult geographical conditions, such as high gas content and flooding, coupled with poor safety management. Besides, most mine workers are exposed to a high level of mineral dust, though the number of reported pneumoconiosis cases in TVEs is limited. However, there is a high risk of outbreak of pneumoconiosis among township and village mine workers.

Township and village construction industry

  At the end of 1994, there were 800,000 township and village construction enterprises employing 16 million workers. The construction industry depends on a large number of migrant workers who are often not counted officially. In some township and village construction enterprises migrant workers form more than 90 per cent of the total workforce. Though official accident statistics on township and village construction enterprises were not made available, a large proportion of the 3,000 annual fatal accidents in China's construction industry could be assumed to occur in TVEs.

Township and village transport industry

In 1995, there were 71,494 traffic accident fatalities in China. Though no detailed statistics are available on how many of the victims were township and village transport industry workers, they are likely to be a significant number as more than 7 million township and village workers are engaged in the transport industry. While the Public Security Authority (PSA) is responsible for traffic safety, the ministries of labour and agriculture might be in a position to initiate traffic safety programmes for township and village transport workers through their own channels, in collaboration with the PSA.

Township and village chemical industry

The township and village chemical industry one of the most hazardous industries by nature accounts for an important portion of TVEs in China. Many of them operate in hazardous working conditions. For example, a survey of 1,700 TVEs (chemical) in Jiangsu Province, where hazardous chemicals such as benzene and its derivatives and chlorine are produced, revealed that 28 per cent of them do not meet basic safety requirements. The TVEs (chemical) also deal with flammables and explosives, which often cause major accidents and a large number of fatalities. For instance, on 26 June 1996, a chemical explosion in a TVE in Tianjin suburb took the lives of 19 persons and seriously injured 14.

Migrant workers in TVEs

In tackling working conditions and OSH problems in TVEs, a crucial dimension is the large number of migrant workers from poor rural areas who are working in the most hazardous industries, such as construction and mining, and in the worst working conditions, where it is difficult to attract a sufficient number of local workers. It is estimated that 30 million workers migrate for jobs under such difficult working conditions.

  Many young women migrant workers are found in township and village garment and textile enterprises and other industries, where they often work long hours under poor working conditions (including high noise levels), and are exposed to sexual harassment. A survey of migrant workers in the Pearl River Delta (covering TVEs, privately owned enterprises and foreign joint-venture enterprises) revealed insufficient trade-union awareness, since only 14.6 per cent of the workers knew of trade unions in their factories. A study of female migrant workers in TVEs in suburban Beijing found that, compared with those employed in enterprises other than TVEs, workers in TVEs were likely to be younger women with lower levels of education.

  Male migrant workers are commonly found in the most hazardous industries, particularly construction and mining. In Shangxi Province, about 50 per cent of the coal mine workers are migrants from other provinces, such as Sichuan and Anhui provinces. For example, in a township and village iron casting factory in Shangxi Province, about 7,000 of the total 8,000 workforce were migrants. Migrant workers are usually not covered by social insurance like old age insurance, even if such schemes exist at the location of TVEs. Their migrant status results in a lower level of attention to their protection, as well as practical difficulties in promoting OSH through training and awareness raising.

Essential work-related welfare facilities

  China has been paying considerable attention to ensuring that essential work-related welfare facilities are provided to workers, at least in SOEs. However, the record of TVEs is probably more "mixed". Access to adequate and clean toilets, safe drinking water, lockers and showers, for example, may still be regarded by some TVEs, particularly the small ones, as a luxury rather than a necessity. Besides, the inspection and supervision services of different levels of government have generally not been able to cover such enterprises adequately. As a result, the extent to which basic welfare facilities are provided is not known.

  Working time

  There was no general legislation on working time for all sectors and industries until Decree No. 146, in 1994, on employee working hours and workers' regulations ordered most enterprises and institutions, including TVEs, to implement a system of a 44-hour work week from 1 March 1994. The system was replaced, in May 1995, by an eight-hour day, 40-hour work week. However, enterprises unable to implement the new system due to special production characteristics may follow other systems according to state regulations. Enterprises and institutions which experienced special difficulties in implementing the regulations were allowed a period of grace up to 1 January 1996 for institutions and 1 May 1997 for enterprises.

According to one report in 1995, about 90 per cent of the enterprises (not restricted to TVEs) were able to implement the 44-hour work week without difficulty. The remaining 10 per cent, mainly private companies (either Chinese or foreign) and TVEs, continued to practice irregular hours and mandatory overtime. However, according to the MOA, many TVEs have not yet implemented the 40-hour work week and may not find it easy to do so by the deadline of 1 May 1997. Enforcement has been very difficult, especially in small enterprises. In December 1994, the MOL issued Circular No. 532 stipulating provisions for penalties and fines in the event of violation of the law. Information is not yet available on the extent to which the circular has resulted in more effective protection of TVE workers.

The statutory limit on overtime is generally one hour a day. In special circumstances the law provides for a maximum of three hours overtime a day, but not exceeding 36 hours a month (except in certain special circumstances listed in the regulation). However, a 1994 survey of migrant workers in the Pearl River Delta in which 74.7 per cent were women migrant workers found that they were working long hours, usually up to 12 hours a day. In the construction industry, many workers are forced to work overtime to meet deadlines or make up for time lost due to bad weather, etc. In certain TVEs excessive working hours are not only affecting workers' health but can also lead to increased occupational accidents.

   Long working hours is not the only problem. Many workers in their home towns or villages have to undertake agricultural or other duties in addition to their work in TVEs. However, some TVEs stop or even reduce production in peak farming periods so that these workers can attend to farming responsibilities.

Key issues

• Large number of fatal accidents (about 10,000 yearly) in TVEs
• High rate of fatal accidents in township and village mines, particularly coal mines
• Poor working conditions in TVEs, including the low rate of clearance of national safety standards on levels of dust, chemicals and noise
• Low rate of coverage of medical examination of TVE workers exposed to health hazards
• Serious under-reporting of occupational accidents and diseases in TVEs, in particular joint-household and individually owned TVEs
• Large number of migrant workers in hazardous occupations in TVEs.

  The Constitution of the People's Republic of China states: "Using various channels, the State creates conditions for employment, strengthens labour protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits." The principles of "safety first" and "prevention has priority" have been widely promoted. However, there is no clear national policy or programme to facilitate coordinated implementation of the principles, particularly for OSH in TVEs.

While OSH issues have been drawing the attention of the ministries concerned, as well as of employers' and workers' organizations, a critical weakness is the lack of an official mechanism for policy formulation and coordination, such as a national tripartite advisory body on OSH. The recent initiative by the MOL and the MOA to develop a joint OSH programme for TVEs to promote coordinated action by governmental agencies is very encouraging. Such collaboration should be further expanded to involve all the authorities concerned, preferably with the creation of an official body which meets regularly.

  The Mine Safety Law (1992) and the Labour Law (1994), both of which came into effect in January 1995, are key legislations for workers' protection in China. However, the Labour Law has limited OSH provisions. While it stipulates that management is responsible for ensuring worker' safety and health, it does not specify the concrete measures needed for enterprise action. Thus, the legal protection of TVE workers in the non-mining sector is limited. Even the Mine Safety Law needs supplementary regulations, codes and guides to spell out the specific measures to be followed by small mines.

While a number of OSH rules and circulars have been issued by industry ministries, these regulations often do not apply to TVEs, particularly those run by joint households and private enterprises. Two regulations specific to TVEs were issued in 1987: the MOL-MOA regulation on strengthening labour protection in TVEs and the MOH-MOA regulation on occupational health management in TVEs. The MOA has been making significant efforts to implement these regulations through its OSH supervision network down to the township level.

In 1995, China ratified the ILO Chemicals Convention, 1990 (No. 170). A new regulation on chemical safety is being finalized by the MOL in collaboration with the other ministries concerned. Full implementation of the Convention will contribute to improved chemical safety in TVEs through the provision of chemical safety data sheets and labels. A draft OSH law, combining the two draft laws prepared by the MOL and the MOH, was formulated in June 1996. A new comprehensive OSH law is expected to be adopted in the near future as a joint effort of the MOL and the MOH.

The MOCI has strengthened safety management of coal mines, including TVEs, through a series of legislation, including measures for the management of the licensing system for coal production, and regulations on the management of township and village coal mines, which came into effect in December 1994. Some provinces have issued further special regulations, e.g. basic standards of safety in production for township and village coal mines in Henan Province. Such legislation are implemented through the network of safety supervisors of the MOCI.

In 1987, the Ministry of Agriculture and Fisheries, and the Ministry of Labour and Personnel jointly issued a regulation on strengthening labour protection in TVEs which called for enterprises to take safety measures against specific workplace hazards. However, the details of action and the means of implementation were left to each level of TVE administration. Further the MOA, in 1992, issued provisions on safety production and industrial health in TVEs. The provisions clarify the roles and responsibilities of TVE administrative management bureaus at various levels but do not spell out the concrete steps to be taken by TVE management.

The 1987 State Council regulation on the prevention of pneumoconiosis requires enterprise management, including TVEs, to meet national safety standards on the levels of airborne dust at the workplace and to conduct regular medical examination of workers exposed to dust.

Key issues

• Lack of a comprehensive OSH law to extend adequate protection to TVE workers
• Most of the old rules by industry ministries issued without coordination and do not address the protection of TVE workers
• Lack of coordination between the ministries and bureaus concerned, particularly at the national level, in formulating and implementing legislation.

Inspection by the Ministry of Labour

The MOL has a network of about 12,000 OSH inspectors at the provincial, prefectural and county levels. The OSH division of the labour bureau at the county level is responsible for OSH inspection. It usually has four or five inspectors with one vehicle. Inspectors are responsible for enforcing OSH legislation and promoting OSH management in all enterprises, including SOEs and TVEs. Their activities include raising awareness, training managers and workers, promoting the setting up of safety management systems including self-inspection by TVEs, and inspecting workplaces. However, the coverage of TVE inspection is very limited because of insufficient number of inspectors. Even in counties which assign priority to TVE inspection, collectively and individually owned small TVEs are often outside the scope of inspection.

The OSH Bureau of the MOL, in its mid-term plan during the period of the Ninth Five-Year Plan, proposed a target of two OSH inspectors per 10,000 workers. To achieve the target it would require to increase twentyfold the number of inspectors for TVE workers alone. In some counties attempts have been made to appoint part-time inspectors at the township level. In expanding the network of inspectors it is important to ensure their impartiality. Practical measures should be developed to ensure that they can work impartially and independently, without being influenced by township and village governments which own and run TVEs.

Inspection management is not properly coordinated, which is reflected in the absence of statistics on inspections. To improve the inspectorate's effectiveness, a strategic plan for inspection and advisory services should be developed. It is essential to carry out a comprehensive analysis of OSH conditions in TVEs at the local level based on available data and a further study or survey.

Supervision by the Ministry of Agriculture

A network of OSH supervisors for TVEs has recently been established under the MOA. Each TVE bureau, from the ministerial to the township levels, has an OSH unit. OSH units at the ministerial and provincial levels total about 1,000 experts, and 500 more staff are expected to be appointed soon. The number of OSH staff at the county and township levels varies, depending on the scale of TVE development and financial resources.

A model case of OSH supervision by a TVE bureau at the township level can be seen in Beijiao District, Taiyuan City, Shangxi Province, where each township has about five OSH staff with one vehicle to supervise TVEs. However, most of the townships still cannot afford to have OSH supervision units and the coverage of supervision is limited. In particular, individually or collectively owned small TVEs are often out of reach of supervision. The technical knowledge of OSH supervisors also needs upgrading.

Inspection by the Ministry of Health

The MOH carries out occupational health inspection as an integral part of health inspection. The focus is on the medical surveillance of workers exposed to hazards and monitoring of hazardous substances in the working environment. Special emphasis is placed on preventing pneumoconiosis, the most common occupational disease.

Supervision by the Ministry of Coal Industry

The MOCI has set up a safety supervision system consisting of the Safety Supervision Department of the Ministry, safety supervision bureaus of coal industry departments in the provinces and safety supervision divisions at the prefectural and county levels. These units oversee safety measures instituted in coal mines, including township and village mines, based on OSH legislation issued by the MOCI. They also train directors and special operators of township and village coal mines.

"Three simultaneous examinations"

Another important role of inspectors is to carry out three simultaneous examinations of new factories and of major expansions of factories before the new facilities begin operations. It means that the OSH facilities in new projects and the projects to be built or expanded must be designed, constructed and put into operation and use at the same time as the main projects.

The principal authorities for three simultaneous examinations are the MOL, the MOH and the Public Security Bureau, which is responsible for fire safety. However, due to the lack of inspectors at the county level, inspections are carried out for only a small proportion of the new projects. According to an MOH sample survey in 1989, three simultaneous examinations were carried out only for 1.37 per cent of those required. Some local authorities have even eliminated this requirement in their OSH regulations. It is important to review legal requirements and the implementation strategy for effective screening of new factories.

Key issues

• Lack of OSH inspectors in labour bureaus at various levels and limited technical capacity to provide practical guidance, particularly to very small TVEs
• Lack of coordination between the bureaus concerned in inspecting and supervising OSH in TVEs.
• Need for more strategic inspection planning based on an analysis of accident data and hazard information
• Low implementation rate of three simultaneous examinations conducted before new and expanded factories begin operations.

The training of TVE managers is carried out by labour bureaus and TVE bureaus at various administrative levels. In Jiangsu Province, the training of mine managers is being promoted by linking the mining licence with training. Nationwide training of managers and workers, to familiarize them with the Labour Law of 1994, is enhancing awareness of OSH in TVEs. However, OSH training has reached only managers in TVEs run by townships or villages, while collectively or individually owned small TVEs are often outside its scope. Most of the existing OSH training programmes for TVEs focus on legal requirements and lack practical components to enhance their ability to improve working conditions. Legal training requirements in such fields as chemical safety and construction safety also need to be expanded to provide training to all concerned in hazardous occupations.

Exchange and dissemination of OSH information are promoted by the National CIS Centre, established in 1987 in the Labour Science Academy. The centre makes available research papers and documents on OSH in TVEs. However, very little practical information is available to TVE managers and workers as well as government inspectors. It is necessary to expand information collection from various institutions and develop practical, action-oriented information and training materials.

In 1990-91, the MOH conducted an occupational health survey in TVEs in 30 counties in 15 provinces and published, in 1992, Study on need and countermeasures for occupational health care in township industries. Investigations in more than 29,000 TVEs with 2.1 million workers revealed several problems regarding the control of hazardous substances, contamination of the working environment and adverse effects on workers' health. The study provides a basis for developing countermeasures and a national strategy to combat occupational health problems. The MOH is currently conducting a pilot study of the countermeasures required. There is a need to carry out such studies regularly to analyse the situation in TVEs. A similar study on occupational safety should be conducted urgently to establish a national strategy for preventing industrial accidents, particularly in the mining, construction and manufacturing sectors.

Key issues

• Need for a strategic OSH training programme to reach a broader target group, including the managers and workers of collectively and individually owned small TVEs
• Review of the legal requirements for OSH training in TVEs
• Collection and dissemination of practical information to promote action to improve OSH in TVEs
• Systematic organization of research and studies to obtain basic OSH information on TVEs for planning national and local programmes.

The All-China Federation of Trade Unions (ACFTU) faces great difficulty in organizing the TVE sector, where membership is no more than 10 per cent. However, the membership ratio between cities differs vastly. The ratio also depends on the size of TVEs. In certain cities, such as Nanjing City, about 70 per cent of the large TVEs are organized. The ACFTU is conducting a survey of OSH in TVEs and its preliminary results would be available by the end of 1996. Workers in TVEs are encountering problems regarding wages, conditions of work, and safety and health, and require support from the ACFTU. However, the ACFTU mechanism to respond to TVE needs, including OSH, is not well developed, and ACFTU headquarters has no special unit responsible for TVE concerns.

The China Enterprise Directors' Association (CEDA) conducts training for members at the provincial and city levels. Nationally, there is the TVE Association within CEDA, but it has only about 500 members. In addition, CEDA's past OSH activities have been rather limited.

CEDA attaches high priority to improving the capability of directors and managers through expanded training, including in OSH. It supports establishing clear, legal requirements for managers and directors to undergo OSH training. The challenge is to develop comprehensive training programmes for directors, with OSH as an integral part of enterprise management.

Key issues

• Limited membership of TVE managers and workers in employers' and workers' organizations
• Lack of special OSH training programmes targeted at TVE managers and workers by employers' and workers' organizations
• Insufficient information collection on OSH in TVEs by employers' and workers' organizations.

In 1995, the MOL and the MOA launched a joint three-year programme for comprehensive OSH control in TVEs. The objective was to strengthen safety management of TVEs by training and educating managers and workers, strictly enforcing laws and regulations, identifying potential hazards and promoting technical innovation. In 1995, labour bureaus and TVE bureaus at various levels collaborated closely with each other to:

• improve their effectiveness through a better division of responsibilities
• enhance public awareness of the importance of OSH in TVEs through various media, including TV, newspapers and public notices
• expand training programmes for TVEs managers
• issue joint OSH rules for TVEs
• conduct joint inspections of TVEs.

In China, most TVE shoe factories have been using glue containing benzene. The Jiangsu Labour Bureau, with the support of the MOL, invested in developing non-toxic glues for shoemaking. As a result, new types of non-toxic glues have been developed, except for one type which has not been substituted. These new types of non-toxic glues have been introduced in many TVEs in the city. Research to replace toxic with non-toxic glues is continuing. Efforts are also being made to promote the wide use of non-toxic glues in shoe manufacturing as this would protect workers' health without additional investment in ventilation.

Datong City in Shangxi Province has established a special association of TVE coal mines and state-owned mines. City authorities collect a special levy for coal sold outside the province and use it for developing technology and promoting OSH through the association. Restriction on developing coal mines by the private sector has facilitated collaboration among all coal mines in the city, thus avoiding the mushrooming of very small, individually owned mines.

The MOA has established a network of about 1,000 OSH supervisors at the provincial, city and county levels. Appointment of OSH supervisors at the township level has been encouraged, including:

• several OSH supervisors in each township in Beijiao District of Taiyuan City, Shangxi Province
• OSH supervisors, as the collaborative effort of several townships in Zhenjiagan City, Jiangsu Province.

With guidance from the central Government, Jiangsu Province will be setting up labour services in all townships, where full-time or part-time OSH inspectors will be appointed to ensure safety and health in TVEs. The experience of pilot activities in Jiangsu Province will be used as a basis for extending township labour services to other provinces.

In December 1994, the State Council adopted two new regulations on management of the licensing system for coal production, and on management of township and village coal mines. The regulations have improved safety control of TVE mines by the MOCI and coal bureaus at various levels. Several supplementary regulations and circulars have since been issued by the MOCI and extensive training of managers of TVE coal mines has been organized. These efforts are expected to result in a significant reduction of accidents in township and village coal mines.

Key issues

• Strengthening ongoing joint efforts by the MOL and the MOA to promote OSH in TVEs
• Encouraging the use of non-toxic materials, where available
• Promoting the replication of successful local programmes (such as the collaboration of TVE coal mines in Datong City) in other regions.

As an initial step in formulating the national policy, the Government should establish an inter-ministerial working group for promoting OSH in TVEs. The current MOL-MOA Joint Working Group on OSH in TVEs should be expanded to involve all the ministries responsible for OSH in TVEs, particularly the ministries of health, coal mines, chemicals and construction. The Joint Working Group should be given the task of drawing up proposals for a basic framework for national policy and inter-ministerial coordination of OSH in TVEs, as well as coordination with the industry ministries concerned. Activities of the Joint Working Group could include:

• agreeing on the scope of the term "TVEs" for promoting OSH and ensuring broader enterprise coverage, including collectively and privately owned small enterprises
• compiling basic data on TVEs available in each ministry, such as the number of accidents, and TVEs and workers by industry and size of enterprise
• summarizing all OSH programmes in TVEs, including legislation and training, carried out by each ministry
• identifying and agreeing on the key areas of action for promoting OSH in TVEs as the main pillars of national OSH policy, e.g.:

- ensuring that OSH is treated as an integral part of the national strategy for economic development through the expansion of TVEs

- improving public awareness of OSH as an essential element for the sound development of industry, including TVEs

- adopting a comprehensive OSH law to cover TVEs fully, including individually owned enterprises

- strictly enforcing OSH legislation in TVEs at all administrative levels

- further developing training mechanisms to ensure that practical OSH training reaches all the managers and workers concerned in TVEs

- ensuring that policies on OSH promotion in TVEs are adopted at all levels of government administration

- formulating a proposal for a national policy and mechanisms for close inter-ministerial coordination and tripartite consultations in promoting OSH in TVEs.

The draft national policy for promoting OSH in TVEs should be formally adopted by the Government, preferably by the State Council. It would be ideal if the policy and OSH law being formulated jointly by the MOL and the MOH are adopted without delay. Steps could include:

• circulating the draft national policy for comments to all the ministries and agencies concerned, as well as employers' and workers' organizations
• revising the draft national policy taking into account the comments received, and circulating the revised draft to obtain basic agreement
• convening an inter-ministerial tripartite meeting to agree formally on the draft national policy and on regularly convening such meetings to monitor progress, review the policy and guide its implementation (Periodic meetings, at least twice a year, could be considered an official mechanism for promoting OSH in TVEs.)
• submitting the draft national policy, together with the OSH law, to the State Council for approval. If this is not feasible, the policy could be issued as a joint circular by the ministries concerned.

It is essential to publicize widely the national policy on OSH in TVEs, and to ensure that consistent policies are adopted at the provincial, prefectural, county, township and village levels in order to implement fully the national policy. This could be achieved by:

• publicizing the national policy with a summary analysis of the situation. This should be done through all channels, including the TV, newspapers, periodicals issued by the ministries concerned, and employers' and workers' organizations
• issuing a joint circular by the ministries concerned requesting that governments at each level, including the provincial, prefectural, county, township and village levels, adopt a local OSH policy on TVEs in line with national policy
• organizing special campaigns during the safety week or safety month to promote implementation of the policy.

Collecting and analysing data on occupational accidents and diseases are essential for developing an effective preventive policy and programmes. Relatively reliable data on fatal accidents are compiled nationally but without an in-depth breakdown of accidents by industry, size of enterprise, etc. There is an urgent need to improve accident analysis for policy formulation and priority setting. The analysis should be made at each level of government administration, including the provincial, prefectural and county levels.

Data on each fatality should be collected through a standard reporting form, to be completed by all county labour bureaus, for computer analysis. The analysis should enable priorities to be determined according to the type of industry, size of enterprise, type of ownership, cause of accident, age of worker and type of employment. The standard reporting form will facilitate checking whether there is duplication in reporting both at the accident site and registered location of the enterprise, particularly in the construction and transport industries. Some important steps are:

• design a draft standard reporting form for each fatal accident (one sheet per person)
• pilot test the form in several prefectures
• revise the form based on the pilot test
• survey the availability of computers in provincial labour bureaus
• encourage each provincial labour bureau to purchase a computer for accident analysis. Arrangements should be made to support the bureaus that do not have computers (e.g. analysis by the MOL)
• develop computer software for detailed fatal accident analysis at the national and provincial levels
• publish a detailed analysis of fatal accidents for use by various authorities at all levels
• supplement the analysis by conducting an in-depth review of the reporting rate of fatal accidents in a sample of counties.

A detailed analysis of occupational diseases should be carried out. Steps could be similar to those for the fatal accident database. How to make the best use of the primary health care information system of the MOH for collecting data on occupational diseases and injuries in TVEs should be examined.

Further efforts should be made to develop a database to record and analyse the results of working-environment monitoring and medical surveillance. Enterprise-based data will facilitate better planning of inspections and clear identification of priority sites.

Reporting requirements for non-fatal accidents are restricted to serious injuries resulting in a certain degree of permanent disability. Thus, information on non-fatal accidents is quite limited. The coverage of analysis of non-fatal accidents, with a view to identifying practical preventive measures for potential hazards, needs to be expanded. Steps could include:

• conducting a feasibility study to expand reporting requirements for workplace injuries
• developing a simple standard reporting form for workplace injuries, which could be analysed by computer in the same manner as for fatal accidents
• linking reporting requirements with the workmen's compensation scheme when such a scheme is developed and implemented at the local level. The Government should develop guidelines to promote such a linkage.

Adopting an OSH law, as a joint effort of the MOL and the MOH, will be an urgent step in promoting OSH in TVEs. The collaboration of other ministries, including the MOA, should be secured for developing practical legislation. The ILO Occupational Safety and Health Convention, 1981 (No.155), and the Occupational Health Services Convention, 1985 (No.161), could provide a useful basis for the framework of the law. Steps could include:

• establishing an MOL-MOH working group to finalize the draft OSH law
• compiling and summarizing information justifying the need for the new OSH law, in particular:

- occupational accidents and diseases in hazardous industries and TVEs

- the coverage and results of working-environment monitoring and medical surveillance in TVEs

- the increase of TVEs and inadequate coverage of inspection and training

• reviewing the draft OSH law in the light of ILO Conventions Nos. 155 and 161
• clarifying the roles of MOL and MOH inspectors
• organizing meetings to gather views and gain the support of all industry ministries.

Key issues in promoting OSH in TVEs, to be clarified in the OSH law, are:

• the Government's role in developing OSH policy and establishing a tripartite OSH advisory body
• the responsibility of employers to protect workers regardless of the size and ownership of the enterprise
• OSH training for managers and workers as the responsibility of employers and at their cost
• the setting up of a safety management system in each enterprise, including safety committees and safety officers as principal vehicles for promoting OSH
• the employer's responsibility to provide medical examination for workers exposed to health hazards and to carry out working-environment monitoring where hazardous substances are used
• the responsibility of suppliers of dangerous machines and hazardous chemicals to ensure that their products meet national safety standards, and to provide OSH information
• authorization to the MOL, the MOH and the MOA to develop further detailed regulations to implement the law.

The basic OSH law should be supplemented by legislation on specific hazards and on protecting vulnerable groups of workers, such as chemical safety, construction safety, mining safety, migrant workers, young workers and women workers.

After China's ratification, in 1995, of the ILO Chemicals Convention, 1990 (No.170), concerted efforts have been made to develop comprehensive legislation on chemical safety. This process should be further accelerated.

The Mine Safety Law was promulgated in 1992. Further regulations and codes of practice might be issued taking into account recent international developments, particularly the adoption of the ILO Safety and Health in Mines Convention, 1995 (No.176). Steps for developing and reviewing legislation could include:

• organizing a working group involving the ministries concerned in each specific field
• reviewing the OSH regulations issued by various ministries with a view to developing a comprehensive system to support implementation of the OSH law
• reviewing existing legislation, with reference particularly to the Chemicals Convention, 1990 (No.170), the Safety and Health in Construction Convention, 1988 (No.167), and the Safety and Health in Mines Convention, 1995 (No.176)
• drafting new OSH regulations or amendments to existing regulations reflecting the results of the review
• developing a mechanism for collaboration between the ministries concerned.

It is the Government's responsibility to ensure that the provisions of OSH laws and regulations are implemented in TVEs. There is an urgent need to strengthen the inspection and supervision network and provide proper staffing at the local level. Steps could include:

• reviewing the staffing needs and workload of OSH inspectors of labour and health bureaus at the county level
• conducting a feasibility study for setting up extension stations for inspectors covering several townships to achieve the target set by the MOL to assign two labour inspectors for 10,000 workers
• reviewing the staffing needs and network of OSH supervisors of TVE bureaus and other bureaus at the county and township levels
• conducting a sample survey in several counties on the types and number of hazardous workplaces, and on the types of work and hours spent by inspectors in order to assess management effectiveness of the OSH sections of county labour bureaus
• developing national guidelines for strategic planning of the limited resources of government authorities, with special focus on hazardous TVEs, and ensuring essential work-related welfare facilities are provided
• initiating a campaign to raise workers' and managers' awareness of working hours' limits, and to enforce the forty-hour work week and provide protection against excessive overtime in TVEs
• drafting regulations providing for adequate penalties in case of violation of the working time decree
• reviewing training programmes for:

- inspectors of the ministries of labour and health

- supervisors of industry ministries, including the ministries of agriculture, coal industry and construction

• inspectors carrying out three simultaneous examinations.

Training managers and workers is indispensable to effective implementation of an OSH programme. While a number of training courses have been carried out in China, the highest priority is assigned to strengthening training programmes, as well as information dissemination and awareness raising. Conditions for reinforcing these programmes already exist: legislation requires directors, managers and other key employees to undergo OSH training and obtain certification; mechanisms are in place for charging fees from participants in OSH training courses; there is a broad-based network of OSH trainers at the provincial and county levels. The challenge is to expand or redirect current training programmes to reach TVE sectors which have not so far benefited from such programmes especially individually and collectively owned small enterprises and to adapt their methodology and content to the needs of these enterprises. The focus should be on simple, practical, low-cost solutions to the main problems faced by workers. The National Occupational Safety and Health Training Centre of the MOL should play a coordinating role. Steps could include:

• reviewing existing training programmes to ensure that priority is given to training TVE directors, managers and workers in hazardous situations, especially to optimizing the training duration and programme for the managers of small TVEs
• organizing special training on OSH leadership development for local government officials (county magistrates, township heads, village leaders)
• studying prevailing OSH conditions in TVEs, and recommending solutions for improving OSH and working conditions which are affordable and achievable by small TVEs
• reviewing the legal training requirements of hazardous jobs, such as the use of dangerous chemicals, to ensure comprehensive training coverage
• developing standard training packages for various target groups, such as the owners and managers of small TVEs and small township and village coal mines, and construction workers, including migrant workers
• developing audio-visual training packages, including videos and slides, to enable trainers to expand the coverage of special subjects and reduce the duration of training.

One reason for the low coverage rate of medical surveillance of workers exposed to health hazards and of working-environment monitoring in TVEs is the non-availability of these services, at affordable fees, to small-scale TVEs. The existing network of occupational health services needs to be expanded to reach all TVEs requiring such services. Measures could include:

• conducting a review of the current capacity and activities of the occupational health services and institutions of various ministries, including the MOH, to assess the potential for extending coverage to small TVEs
• undertaking a feasibility study for extending the occupational health services of large SOEs to neighbouring TVEs
• promoting the grouping of TVEs to enable them to receive joint occupational health services
• strengthening mechanisms for training doctors and technical staff in occupational health services at the national and provincial levels
• promoting the establishment of occupational health service centres for TVEs at the local level, where expanding coverage by existing institutions is not feasible.

Along with efforts to improve the coverage and quality of OSH training programmes for TVEs, stepping up activities to raise the OSH awareness of the managers and workers of TVEs is urgently needed. Concerted efforts by all governmental authorities and employers' and workers' organizations are required, including:

• incorporating special elements on TVEs in the annual safety campaign
• developing OSH awareness-raising packages for TVEs, particularly videos and posters
• developing and disseminating practical information sheets on OSH issues of concern to TVEs
• mobilizing the national OSH information network, coordinated by the National CIS Centre of the MOL, for collecting and disseminating OSH information on TVEs
• promoting an exchange of success stories and low-cost improvements in TVEs through meetings, training and newsletters.

While promoting practical OSH improvements, it is important to consistently monitor and analyse the situation in TVEs. As there is no national system for data collection and analysis on OSH in TVEs, it is necessary to conduct research regularly to evaluate the working environment and preventive measures. Information is lacking, particularly on OSH in collectively and individually owned small TVEs. Research results should be widely disseminated to policy makers as well as managers and workers in TVEs. Efforts could include:

• compiling and analysing recent research on OSH in TVEs by various ministries and universities
• conducting a sample survey on OSH in TVEs in selected counties, with particular focus on safety aspects, to supplement the study on occupational health in TVEs by the MOH in 1990-91
• developing less hazardous chemicals, processes and procedures to reduce prevailing hazards in TVEs, including completing research on non-toxic glues for shoe-making being carried out in Jiangsu Province
• conducting research on practical and technically sound improvements to address priority hazards in selected industries, such as mining and construction.

For high-risk industries, such as the mining, chemical and construction industries, special programmes are needed, including special legislation. Programmes should be developed in close collaboration with the MOL, the MOH, the MOA and the industry ministries concerned, and cover both TVEs and SOEs. Each programme should include elements to address the problems in TVEs, with practical measures. Steps could include:

• setting up a task force within the inter-ministerial working group for promoting OSH in TVEs for each industry group identified
• examining ways to ensure the enforcement of OSH regulations targeted to specific industries
• conducting a review of OSH in TVEs for each industry with a view to developing special programmes focusing on training and information activities to supplement legal requirements
• implementing special OSH programmes in selected pilot cities and counties
• applying OSH programmes widely after reviewing the pilot programme.

The ILO training methodology, Work Improvements in Small Enterprises (WISE), has been successfully implemented in many developing countries. WISE targets the owners of small enterprises and emphasizes linking productivity to improvements in the workplace. This practical approach could be widely applied to TVEs. Steps could include:

• selecting pilot counties for the WISE approach
• defining target groups by selecting certain types of industries and sizes of enterprises (e.g. enterprises with 20 to 100 workers)
• organizing WISE training courses with technical support from the ILO
• compiling examples of practical, low-cost solutions implemented locally
• evaluating course achievements and examining ways to promote wider application, including the combination of the WISE approach with management training for TVE managers.

Measures need to be urgently developed to ensure the safety and health of migrants who often work in hazardous industries and receive much less protection than regular workers. It is essential to develop a policy and programme for migrant workers at the national level, as most of them work across provincial borders. Steps include:

• developing a national mechanism to ensure OSH training for migrant workers at the time of recruitment, taking into account their educational and cultural backgrounds
• ensuring the full reporting of accidents of migrant workers
• providing the full coverage of medical examination of migrant workers exposed to health hazards, particularly dust
• conducting a feasibility study for developing a workmen's compensation scheme to ensure appropriate compensation to migrant workers who suffer from occupational diseases after they return to their home towns or villages (There is a great risk of outbreak of chronic occupational diseases, particularly pneumoconiosis, among migrant workers.)

China has recently launched a special programme for developing small towns by upgrading existing communities. The programme is designed to boost the local economy and employment by establishing new industries, particularly TVEs, in newly created small towns in rural areas. Various legal and administrative measures are included in the programme. It is important to incorporate also OSH measures for TVEs in the programme. Measures include:

• adopting a clear policy to ensure the safety and health of all workers in small towns, including migrant and temporary construction workers
• ensuring budget allocation to implement the OSH policy
• establishing an OSH unit, in a labour administration in the town government, capable of providing OSH training as well as technical guidance to managers and workers. The unit should ensure the coordination of all OSH bureaus and offices concerned
• setting up centres to provide OSH services, including the medical surveillance of workers exposed to health hazards, working-environment monitoring, and the testing of dangerous machines
• ensuring the conduct of three simultaneous examinations (pre-assessment of buildings and process safety) of new and expanded enterprises by the authorities concerned with the support of the county government
• incorporating a workmen's compensation scheme when developing a new social security scheme.

In addition to efforts to institute a coordinated OSH programme among the governmental authorities concerned, there is also a strong need to strengthen programmes under the key ministries. The following are priorities for technical cooperation to support national programmes:

Small-scale coal mines in China have a very high rate of fatal accidents. The Changsha Training Centre was established in 1987 to provide OSH training for small-scale coal mines in the southern provinces. However, its current programmes and capacity are limited mostly to state-owned small coal mines. It is proposed to extend its programmes to cover small TVE mines and improve its training capacity by expanding satellite centres and setting up a mobile training unit. International support is needed for developing a practical training package suitable for TVE mines and upgrading equipment.

The MOA has recently set up TVE training centres in various provinces, 12 of which are run by the MOA. The programmes of the centres focus on the general management of TVEs without OSH components. It is proposed to expand their programmes and capacity to provide OSH training. The courses to be developed would include OSH courses for TVE managers and workers, emphasizing practical improvements in TVEs. A project proposal is available separately.

The ongoing work of developing a comprehensive OSH law, which is being jointly undertaken by the MOL and the MOH, should be accelerated. The law should extend the coverage of workers' safety and health to all workplaces, including small TVEs. A review of the existing regulations issued by the ministries concerned should be conducted to make them consistent with the OSH law. By-laws to provide more detailed requirements will also need to be developed. To support this process, a technical cooperation project is proposed through inputs of international experts, study tours and workshops.

Basic information on OSH in TVEs is not available, which makes it difficult to establish effective measures to improve the situation. It is proposed to carry out a comprehensive review of the OSH situation and programmes in TVEs in various regions to develop strategic countermeasures. The study carried out by the MOH in 1990-91 could be a good model in developing the review.