Labor Law The weather exceeds 40℃

When the weather reaches 40℃, the employer shall not arrange workers to engage in open-air operations.

According to the Notice of the State Administration of Work Safety, the Ministry of Health, Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions on Printing and Distributing the Management Measures for Heatstroke Prevention and Cooling (No.89 of the State Administration of Work Safety [2065438+02]), when the weather reaches 40℃:

1, the employer shall not arrange for the workers to work in the open air;

2, the employer shall not extend the working hours;

3. The employing unit shall rest in shifts to shorten the continuous working hours of workers;

4. If the employer stops working and shortens working hours due to the hot weather, the employer shall not deduct or reduce the wages of the workers;

5. The employer shall provide enough heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards;

6. The employer shall pay the high temperature allowance to the workers according to the regulations of the local labor department, and include it in the total wages;

7. The employer 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;

8. Laborers shall obey the arrangement that the employer reasonably adjusts the working hours or adjusts the relevant workplaces and posts in hot weather.

State Administration of Work Safety, Ministry of Health, Ministry of Human Resources and Social Security, All-China Federation of Trade Unions

Notice on printing and distributing the measures for the administration of heatstroke prevention and cooling measures

Safety Supervision General Letter [2065438+02] No.89

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 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.

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.