Measures for the administration of heatstroke prevention and cooling measures

Measures for the Administration of Heatstroke Prevention and Cooling Measures were jointly issued by state administration of work safety, the Ministry of Health, Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions. Its main purpose is to safeguard workers' health and related rights and interests, and ensure workers to work safely and healthily in high temperature environment. Let me take you to study together.

Content of method text

Article 1 This Law is formulated in accordance with the provisions of People's Republic of China (PRC) Law on the Prevention and Control of Occupational Diseases, People's Republic of China (PRC) Law on Work Safety, People's Republic of China (PRC) Labor Law, People's Republic of China (PRC) Trade Union Law and other relevant laws and administrative regulations in order to strengthen the labor protection of high-temperature operations and high-temperature weather operations and safeguard the health and related rights and interests of workers.

Article 2 These Measures shall apply to enterprises, institutions, individual economic organizations and other employing units that have high-temperature operations and arrange workers to work during high-temperature weather.

Article 3 High-temperature operation refers to abnormal operation conditions with high temperature, strong thermal radiation or high air humidity (relative humidity ≥80%RH) and wet bulb temperature index (WBGT index) exceeding the specified limit.

High temperature weather refers to the weather where the daily maximum temperature is above 35℃ released to the public by the meteorological offices and stations affiliated to the competent meteorological departments at or above the prefecture level.

Hot weather operation refers to the operation that the employer arranges workers to carry out in a high-temperature natural meteorological environment in hot weather.

The WBGT index of high-temperature work in the workplace shall be determined according to Measurement of Physical Factors in the Workplace Part 7: High Temperature (GBZ/T 189.7). Occupational exposure limits for high temperature operation shall be implemented according to occupational exposure limits of Hazardous Factors in Workplace Part 2: Physical Factors (GBZ2.2); The classification of high-temperature operations shall be carried out in accordance with the Classification of Occupational Hazards in Workplaces Part 3: High Temperature (GBZ/T229.3).

Article 4 The safety production supervision and management departments, health administrative departments and human resources and social security administrative departments of the State Council shall be responsible for the supervision and management of labor protection for high-temperature operations and high-temperature weather operations throughout the country in accordance with the relevant laws, administrative regulations and responsibilities determined by the State Council.

The safety production supervision and management departments, health administrative departments, human resources and social security administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of labor protection in hot work and hot weather operations within their respective administrative areas in accordance with laws, administrative regulations and their respective responsibilities.

Article 5 The employing unit shall establish and improve the heatstroke prevention and cooling system, take effective measures to strengthen the labor protection of high-temperature operations and high-temperature weather operations, and ensure the health and life safety of workers.

The main person in charge of the employer is fully responsible for the heatstroke prevention and cooling work of the unit.

Article 6 The employing unit shall, in accordance with the relevant provisions of the state, rationally arrange the production sites, improve the production technology and operation procedures, and take good measures of heat insulation, ventilation and cooling to ensure that the workplaces meet the requirements of the national occupational health standards.

Article 7 The employing unit shall implement the following labor protection measures for high-temperature operation:

(a) give priority to the use of new technologies, new processes, new materials and new equipment that are conducive to controlling high temperature, and reduce or eliminate high temperature hazards from the source. Comprehensive control measures should be taken to meet the requirements of national occupational health standards for high temperature hazards that cannot be completely eliminated in the production process.

(2) For construction projects with high-temperature occupational hazards, it shall ensure that their design conforms to the relevant national occupational health standards and health requirements, and high-temperature protection facilities shall be designed, constructed and put into production and use simultaneously with the main project.

(3) The employing unit with high-temperature occupational hazards shall conduct daily high-temperature monitoring by special personnel, and carry out detection and evaluation of occupational hazard factors in accordance with relevant regulations.

(4) The employing unit shall, in accordance with the regulations, organize the workers engaged in high-temperature exposure to carry out occupational health examinations before, during and after taking up their posts, store the examination results in the occupational health monitoring files, and inform the workers in writing. The expenses for occupational health examination shall be borne by the employer.

(5) The employer shall not arrange pregnant female workers and underage workers to engage in high-temperature operations above Grade III in the Classification of Occupational Hazards in the Workplace Part 3: High Temperature (GBZ/T229.3).

Article 8 During the hot weather, the employing unit shall, according to the following provisions and the production characteristics and specific conditions, take measures such as reasonably arranging working hours, rotating operations, appropriately increasing the rest time of workers in the hot working environment, reducing labor intensity and reducing outdoor operations during the hot weather:

(1) The employing unit shall adjust the operation time according to the forecast temperature of the day issued by the meteorological offices and stations affiliated to the competent meteorological departments at or above the municipal level, except that it needs urgent treatment due to personal and property safety and public interests:

1. When the daily maximum temperature reaches above 40℃, stop the outdoor operation on that day;

2. When the daily maximum temperature reaches above 37℃ and below 40℃, the employer shall not arrange outdoor outdoor operations for more than 6 hours, and the continuous operation time shall not exceed the national regulations, and outdoor outdoor operations shall not be arranged within 3 hours of the maximum temperature period;

3. When the daily maximum temperature reaches 35℃ or above and 37℃ or below, the employer shall rest in shifts to shorten the continuous working hours of workers, and shall not arrange outdoor workers to work overtime.

(2) Before the arrival of high-temperature weather, the employing unit shall carry out health examination for the workers who work in high-temperature weather, and adjust their posts for the workers who suffer from heart, lung, cerebrovascular diseases, tuberculosis, central nervous system diseases and other physical conditions that are not suitable for the high-temperature working environment. The expenses for occupational health examination shall be borne by the employer.

(3) The employing unit shall not arrange pregnant female workers and underage workers to engage in outdoor open-air operations in hot weather above 35℃ or work in workplaces above 33℃.

(4) Where the work is stopped or the working hours are shortened due to the hot weather, the employing unit shall not deduct or reduce the wages of the workers.

Article 9 The employing unit shall provide workers with personal protective equipment that meets the requirements, and urge and guide them to use it correctly.

Article 10 The employing unit shall conduct regular occupational health training for workers before and during their posts, and popularize occupational health knowledge such as high temperature protection and heatstroke first aid.

Article 11 The employing unit shall provide enough heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards for workers working in hot and summer.

Don't give money instead of providing heatstroke prevention and cooling drinks. Heatstroke prevention and cooling drinks shall not be used to offset the high temperature allowance.

Article 12 An employing unit shall set up a rest place in a high-temperature working environment. Rest places should be equipped with seats, well ventilated or equipped with air conditioning and other heatstroke prevention and cooling facilities.

Article 13 The employing unit shall formulate an emergency plan for high-temperature heatstroke, conduct emergency rescue drills on a regular basis, and equip emergency rescue personnel and sufficient first-aid drugs according to the number of workers engaged in high-temperature operations and high-temperature weather operations and their working conditions.

Article 14 When a worker has symptoms of heatstroke, the employing unit shall immediately take rescue measures to make him leave the high-temperature environment quickly, rest in a ventilated and cool place, supply heatstroke prevention drinks, and take necessary symptomatic treatment measures; If the condition is serious, the employer shall promptly send it to a medical and health institution for treatment.

Article 15 Laborers shall obey the employer's reasonable adjustment of work and rest hours or adjustment of relevant workplaces and posts in hot weather.

Article 16 Trade unions shall, on behalf of workers, hold equal consultations with the employing units on matters concerning labor protection in hot work and hot weather, and sign collective contracts or special collective contracts for labor protection in hot work and hot weather.

Seventeenth workers engaged in high temperature operation, enjoy post allowance according to law.

If the employing unit arranges laborers to engage in outdoor open-air operations in high-temperature weather above 35℃ and cannot take effective measures to reduce the workplace temperature below 33℃, it shall pay high-temperature allowance to the laborers and include it in the total wages. The standard of high temperature allowance shall be formulated by the provincial administrative department of human resources and social security in conjunction with relevant departments, and adjusted in time according to the social and economic development.

Eighteenth medical and health institutions that undertake the diagnosis of occupational heatstroke shall be approved by the health administrative department of the provincial people's government.

Article 19 Workers who suffer from heatstroke due to high-temperature operation or high-temperature weather operation and are diagnosed as occupational diseases shall enjoy treatment of work-related injury insurance.

Twentieth trade unions shall supervise the employer's high temperature operation and labor protection measures in high temperature weather according to law. When an illegal act is found, the trade union organization has the right to raise it with the employer, and the employer shall promptly correct it. If the employer refuses to make corrections, the trade union organization shall submit it to the relevant departments for handling according to law, and supervise the handling results.

Article 21 If the employing unit violates the laws and administrative regulations on occupational disease prevention and production safety and endangers the health of workers, the relevant departments of the people's governments at or above the county level shall, according to their respective functions and duties, order the employing unit to rectify or stop operations; If the circumstances are serious, the employer and its responsible person shall be investigated for their corresponding responsibilities in accordance with relevant state laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the employing unit violates the provisions of national labor security laws and administrative regulations on working hours and wages and allowances and infringes upon the labor security rights and interests of workers, the administrative department of human resources and social security at or above the county level shall order it to make corrections according to law.

Twenty-second provincial people's government safety production supervision and management departments, health administrative departments, human resources and social security administrative departments and trade unions can formulate implementation rules according to these measures.

Article 23 These Measures shall be interpreted by the State Administration of Work Safety in conjunction with the Ministry of Health and the Ministry of Human Resources and Social Security National Federation of Trade Unions.

Article 24 The term "above" Celsius (c) as mentioned in these Measures includes this number, and "below" Celsius (c) does not include this number.

Article 25 These Measures shall come into force as of the date of promulgation. 19607 1 The Interim Measures for Heatstroke Prevention and Cooling Measures jointly promulgated by the Ministry of Health, the Ministry of Labor and the All-China Federation of Trade Unions shall be abolished at the same time.

Interpretation of policy content

First, the boundary of high temperature.

Clearly define the "boundary" for labor taboos under high temperature conditions. If the daily maximum temperature reaches 40℃ or above, outdoor operation should be stopped that day; Workers suffering from heart, lung, cerebrovascular diseases, tuberculosis, central nervous system and other diseases, who are not suitable for high-temperature working environment, should adjust their jobs; Pregnant female workers and underage workers shall not be arranged to engage in outdoor open-air operations in hot weather above 35℃ or work in workplaces above 33℃.

Second, the scope of protection has been expanded.

The old Interim Measures only apply to "high-temperature operations and open-air operations in high-temperature seasons in industrial, transportation and capital construction sites", while the new Measures expand the scope to "employers such as enterprises, institutions and individual economic organizations that have high-temperature operations and arrange workers to work during high-temperature weather", covering all employers and emerging occupations engaged in high-temperature operations and high-temperature weather operations.

Third, the high temperature allowance is included in the total salary.

The new method stipulates that the high-temperature allowance for workers should be included in the total wages, and "heatstroke prevention and cooling drinks should not be used to offset the high-temperature allowance". This means that enterprises must list the high-temperature allowance separately when paying wages to prevent enterprises from evading or defaulting on the high-temperature allowance for employees.

Four, clearly stipulate the handling method of not issuing certificates.

It is clear that "the trade union organization shall supervise the employer's high-temperature operation and labor protection measures in high-temperature weather according to law", including the right to make suggestions to the employer when discovering illegal acts, and the employer shall promptly correct them; Refuses to correct, the trade union shall submit it to the relevant departments for handling according to law, and supervise the handling results, and give full play to the role of the trade union in mass supervision.

Verb (abbreviation of verb) defines the function of trade union.

The trade union has the right to negotiate with the employer on an equal footing on behalf of the workers on matters of labor protection in hot work and hot weather, and sign special collective contracts with substantial contents such as high temperature protection, occupational health examination and high temperature allowance, so as to further safeguard the rights and interests of the workers.

Answers to related questions

1. Is heatstroke death a work-related injury? What is the legal basis?

A: The Measures for the Administration of Heatstroke Prevention and Cooling Measures clearly stipulates that workers who suffer from heatstroke due to high-temperature operation and are diagnosed as occupational diseases and identified as work-related injuries shall enjoy work-related injury insurance benefits. Workers suffering from heatstroke due to hot weather can apply for work-related injury identification and enjoy work-related injury insurance benefits if they meet the requirements. Workers who die of heatstroke during working hours and jobs or die after being rescued within 48 hours after heatstroke are regarded as work-related injuries and enjoy work-related injury insurance benefits. In addition, pregnant female workers, underage workers and other personnel shall not be arranged to work in high temperature weather above 35℃.

2. Is the management method of heatstroke prevention and cooling measures a regulation or a normative document?

A: The management measures for heatstroke prevention and cooling are normative documents.

3. Do summer heatstroke prevention and cooling products have to be distributed? Our unit didn't send it. Does the country have hard and fast rules?

A: Yes, there are requirements in the Administrative Measures for Heatstroke Prevention and Cooling Measures promulgated by the state.

4. Will the heatstroke prevention and cooling subsidy be deducted for 9 days?

Answer: It is illegal to ask for leave for 9 days and deduct all expenses for heatstroke prevention and cooling. The heatstroke prevention and cooling fee (high temperature allowance) is an allowance paid by the employer to the employee when the employer arranges the employee to engage in outdoor operations in high temperature weather above 35℃ and cannot take effective measures to reduce the workplace temperature below 33℃. It is a labor protection measure, and it is illegal to pay at least according to the number of attendance days in hot weather, and it is illegal to take 9 days off for personal leave.