Provisions of labor law on heatstroke prevention and cooling expenses

Payment standard of heatstroke prevention and cooling fee in Beijing

1. Payment standard of heatstroke prevention and cooling fee in Beijing

The high-temperature subsidy for outdoor workers is adjusted to not less than 180 yuan per person per month; For those who work in indoor workplaces above 33℃ (including 33℃), the high temperature allowance shall be adjusted to not less than 120 yuan per person per month. High temperature subsidies are part of the wages of workers and should be included in the total wages of enterprises.

Monthly compensation for indoor operation above 33℃ 120 yuan.

According to the relevant documents jointly issued by the Beijing Municipal Administration of Work Safety, the Health Planning Commission, the Human Resources and Social Security Bureau and the Municipal Federation of Trade Unions, the high temperature allowance in Beijing is issued from June to August every year, and the outdoor work is not less than 180 yuan per person per month; Those who work in indoor workplaces above 33℃ (including 33℃) shall not be less than 120 yuan per person per month.

In addition, the employer shall provide heatstroke prevention and cooling drinks and essential drugs for workers engaged in high temperature operations and high temperature weather operations. The relevant person in charge said, "Money and materials can't replace heatstroke prevention and cooling drinks and essential drugs, and heatstroke prevention and cooling drinks and essential drugs can't meet the high temperature allowance."

The person in charge of relevant departments in Beijing introduced the outdoor operations such as traffic patrol, courier, construction workers, sanitation workers and outdoor line patrol workers; Steel workers, mechanical foundry workers and other indoor operations can enjoy high temperature allowance.

Second, can the employer offset the cost of heatstroke prevention and cooling by providing cool drinks?

I can't. Article 11 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures (Order No.89 of the State Administration of Work Safety [20 12]) stipulates that "it is not allowed to provide heatstroke prevention and cooling drinks instead of sending money and things. Do not use heatstroke prevention and cooling drinks to offset the high temperature allowance. " All provinces in China have similar regulations, such as Article 10 of the Measures for Labor Protection in High Temperature Weather in Shandong Province, which stipulates that "the employer shall provide enough cool drinks and salty drinks that meet the hygiene standards to the workers working in high temperature weather or outdoors; The cool drinks provided cannot cover the cost of heatstroke prevention and cooling. "

Three, in addition to high temperature subsidies or heatstroke prevention and cooling fees, employees should enjoy other rights in hot weather.

According to the Management Measures for Heatstroke Prevention and Cooling Measures, employees also enjoy the following rights in hot weather:

(1) The employer shall adjust the work and rest time according to the weather conditions:

(1) the daily maximum temperature reaches above 40 degrees Celsius, and outdoor work is stopped on that day;

(2) When the daily maximum temperature reaches more than 37 degrees Celsius and less than 40 degrees Celsius, the employer shall not arrange outdoor work for workers for more than 6 hours, and the continuous working time shall not exceed the national regulations, and outdoor work shall not be arranged within 3 hours of the maximum temperature period;

(3) When the daily maximum temperature reaches more than 35 degrees Celsius and less than 37 degrees Celsius, the employer shall rest in shifts, shorten the continuous working hours of workers, and shall not arrange outdoor workers to work overtime.

(2) 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 hot weather.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(seven) the employer shall not arrange for pregnant female workers and underage workers to engage in outdoor open-air operations during high temperature weather above 35℃ and work in high temperature workplaces above 33℃.

(8) If the work is stopped or the working hours are shortened due to the hot weather, the employer shall not deduct or reduce the wages of the workers.

It provides a basis for enterprises to issue heatstroke prevention and cooling fees. Any enterprise unit shall not deduct the expenses for heatstroke prevention and cooling of employees, so as to ensure that employees can get the expenses in time. If not, employees can also actively complain and report. According to government regulations, if the employer arranges workers to work in the open air in hot weather (the maximum daily temperature is above 35℃) and cannot take effective measures to reduce the workplace temperature below 33℃, it shall pay high-temperature subsidies to the workers. The labor and social security department said that high-temperature subsidies should be paid for working at high temperatures. High temperature subsidies shall not be included in the minimum wage. According to the relevant regulations of the national labor and social security department, when the temperature exceeds 35 degrees Celsius, the enterprise shall pay high-temperature subsidies to employees according to the contents signed in the labor contract and depending on the type of work and working environment. However, at present, although some enterprises nominally grant high-temperature subsidies when paying wages, they include the amount of high-temperature subsidies in the minimum wage, which infringes on the interests of employees.