China officially announces open-air high-temperature operation "measures for measures to prevent heatstroke and reduce temperature"

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In the hot summer months, the country’s air temperature continued to rise, causing inconvenience to the workers who work in the open air. The health rights of the workers, such as preventing heatstroke and cooling down, have attracted attention. The new approach to the formulation of national safety regulations makes clear provisions on outdoor open-air time limits and high-temperature allowances for workers under hot weather, and plays a positive role in protecting high-temperature labor protection systems.

Recently, the State Administration of Safety Supervision, the Ministry of Health, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions amended the Interim Measures for Preventing Heatstroke and Cooling Measures issued in 1960, and formulated the Measures for the Management of Sunstroke-preventing and Cooling Measures, which shall be implemented as of the date of promulgation. .

High-temperature allowance for outdoor open-air operations above 35°C High-temperature allowance is an important interest for high-temperature workers. The new approach stipulates that if workers are engaged in high-temperature operations, they will enjoy post allowances according to law. Where employers arrange for workers to engage in outdoor open-air operations at high temperatures above 35 °C and they are unable to take effective measures to reduce the temperature of the workplace to less than 33 °C, they shall pay workers exorbitant heat allowances and include them in the total wages. The high-temperature allowance standard is formulated by the provincial human resources and social security administrative department in conjunction with the relevant departments, and is adjusted according to the socio-economic development status.

In response to the phenomenon of deductions or disguised reductions in workers’ high-temperature protection and allowances, the new approach makes it clear that employers should provide adequate heat-prevention and cooling beverages and necessary hygiene standards for workers who work at high temperatures and in high-temperature weather. Medicines. Instead of providing money to replace the provision of heat-preserving cooling drinks. Summer heat-reducing beverages must not be charged to high-temperature allowances.

The person in charge of the Department of Occupational Health of the State Administration of Safety Supervision stated that during the investigation, it was also found that useful personnel replaced the high-temperature allowance with money, which was not conducive to the rational use of heatstroke cooling costs and labor protection. Therefore, the provisions of the new approach are designed to allow high temperatures. Allowances are used on high-temperature workers.

In addition, the new approach also specifically pointed out that due to high temperature weather to stop working and shorten the working hours, employers must not deduct or reduce the wages of workers.

High-temperature operation Heat stroke Diagnosis of occupational diseases Can enjoy work-related injury insurance Heat work heat stroke Is it possible to apply for insurance? The new approach stipulates that employers should provide workers with personal protective equipment that meets the requirements and supervise and guide the correct use of workers. Workers who suffer from heat stroke due to high-temperature operations or high-temperature operations are diagnosed with occupational diseases and enjoy work-related injury insurance benefits.

In addition, the approach emphasizes the role of trade unions should be brought into play, and the trade union organizations should be clarified that they supervise employers' high-temperature operations and high-temperature weather protection measures. If any illegal act is found, the trade union organization has the right to propose to the employer, and the employing unit shall promptly correct it. Where the employing unit refuses to make corrections, the trade union organization shall request the relevant department to handle it according to law and supervise the result of the handling.

The measures also provide clear penalties for violations. If the employer violates occupational disease prevention and safety production laws and administrative regulations and endangers the physical health of the workers, relevant departments of the people's government at or above the county level shall order the employer to rectify or stop operations based on their respective responsibilities. If the circumstances are serious, the employer and its responsible person shall be investigated for related responsibilities in accordance with relevant laws and regulations of the State; where a crime is constituted, criminal responsibility shall be investigated according to law.

The maximum daily temperature of 40 °C or more should be stopped outside the open-air operations compared with the temporary measures, this new method is clear, high-temperature weather refers to the meteorological stations under the meteorological departments at or above the municipal level to the public to release the daily maximum temperature of 35 °C weather. The employing unit shall adjust the operating time based on the forecasted temperature released by the meteorological observatory subordinate to the competent meteorological department at the prefecture level or above, except for those needing urgent treatment due to personal and property safety and public interests.

According to the person in charge of the Occupational Health Division of the State Administration of Safety Supervision, the new method clearly defines the temperature boundary of operations under hot weather.

The new approach stipulates that when the maximum daily temperature reaches 40°C or above, outdoor outdoor operations should be stopped; when the daily maximum temperature reaches 37°C or more and 40°C or less, the employer shall arrange the outdoor open-air operation time for the whole day to not exceed 6 hours in total. The working hours shall not exceed the national regulations, and outdoor open-air operations shall not be arranged within 3 hours when the temperature is highest. When the maximum daily temperature reaches 35°C or more and 37°C or less, the employing unit shall adopt alternate shifts and other means to shorten the continuous working time of the workers. And no outdoor open-air workers are allowed to work overtime.

For the upper and lower limits of temperature, the method is clear. The “above” degrees Celsius (°C) includes this number, and the “lower” does not include this number. When the maximum temperature reaches 40°C, outdoor open-air operations should be stopped.

In addition, the regulations stipulate that before the advent of high-temperature weather, employers should perform health checks on workers who work in hot weather. The employing unit shall not arrange for pregnant female workers and underage workers to engage in outdoor open-air operations and workplaces with a temperature of 33°C or more during hot weather periods above 35°C.

The person in charge said that the new measures are more extensive and detailed for the protection of workers. In addition to high-temperature outdoor outdoor operations, the rights of laborers operating under conditions of high temperature or intense heat radiation are also considered. The measures are clear and the employing unit should rationally arrange the production site, improve the production process and operation flow, adopt good measures for heat insulation, ventilation, and cooling to ensure that the workplace meets the requirements of the national occupational health standards. The employing unit shall, in accordance with the provisions, carry out occupational health examinations for workers exposed to high-temperature hazards before starting work, during the post, and when leaving the post, storing the inspection results in the occupational health surveillance files and informing the laborers in writing.

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