Contents of special collective contract for labor safety and health This contract is signed by xxxx (hereinafter referred to as the enterprise) and the employee representatives of xxx trade union (hereinafter referred to as the trade union).
Chapter I General Provisions
Article 1 In order to further standardize the behaviors of enterprises and employees in production and business activities, strengthen the management and supervision of production safety, prevent and reduce the occurrence of accidents in production safety, safeguard the legitimate rights and interests of employees and promote the steady development of enterprises. In accordance with the Labor Law, Trade Union Law, Work Safety Law, Occupational Disease Prevention Law, Fire Protection Law, Regulations on Safety Management of Hazardous Chemicals, Collective Contract Terms and other relevant provisions of labor safety and health laws, regulations and standards, and in combination with the actual situation of this enterprise, this agreement is signed.
Article 2 Enterprises shall adhere to the policy of "safety first, prevention first" in their production and business activities. We should take safety work as a hard political task, firmly establish the concept of "safety responsibility is more important than Mount Tai", always put the safety of enterprises and employees first, further improve and implement the responsibility system for safety production and various measures, and strive to improve the management level of safety production.
Article 3: All branches, factories, production bases, offices and factories of the Group shall abide by this agreement in the process of safety production management;
1, enterprises must abide by national policies and regulations, strengthen the management of production safety. Establish and improve the responsibility system for safe production and various rules and regulations, actively improve the production environment and working conditions, and ensure safe production.
2. Trade unions shall organize employees according to law, participate in the democratic management and supervision of enterprise safety production, and safeguard the legitimate rights and interests of employees in safety production.
3. Enterprise employees have the right to know safety matters and ensure safety in production according to law, and have the obligation to seriously abide by enterprise safety production rules and regulations and operating procedures.
Article 4: Main contents of labor safety and health mentioned in this Agreement:
1, safety production responsibility system.
2. Working conditions and safety technical measures.
3. Safety management of production, storage, transportation and use of hazardous chemicals.
4, safety operation procedures.
5. Occupational safety training and "three-level safety education".
6. Occupational health and labor protection.
7. Investigation and handling of industrial accidents.
8, safety emergency rescue plan system and regular drills.
9, the use of special equipment management.
Article 5 This agreement is reached through collective negotiation between the enterprise and the employee representatives, reviewed and approved by the employee congress, and signed by the enterprise (legal representative of the enterprise) and the employee representative (chairman of the enterprise trade union). After the signing of this agreement, it is binding on both the enterprise and the employees, and both parties shall earnestly perform the provisions of the agreement.
Chapter II Administration of Work Safety
Article 6 An enterprise shall set up a safety production management organization according to law, and be equipped with full-time and part-time safety management personnel with strong sense of responsibility and professional knowledge.
Article 7 An enterprise shall, in accordance with the relevant laws and regulations of the state, establish and improve the responsibility system for production safety and the labor safety and health system; Organize the formulation of safety production rules and regulations, safety operation rules and post operation rules, organize the formulation and implementation of emergency rescue plans for safety production accidents, prevent accidents in the labor process and reduce occupational hazards.
Article 8 Enterprises shall constantly improve working conditions (production equipment, facilities, production tools and working environment). Update safety equipment and facilities in a planned way. At the beginning of each year, the enterprise shall formulate the annual safety technical measures project plan, provide financial guarantee in time, and ensure earmarking.
Trade unions participate in the discussion of formulating safety technical measures and supervise their implementation on behalf of employees.
Article 9 An enterprise shall conduct education and training on labor safety and health for its employees, and establish archives of education and training on safety in production. Conscientiously implement the "three-level safety education" system, establish and improve the education system and accounting for workers' job transfer, and educate workers on national policies, regulations and rules in light of the actual situation of enterprises; Toxic and harmful chemicals information card and its protection education; Enterprise safety production management system education; Case education on prevention and treatment of occupational diseases and various industrial accidents; Basic knowledge education such as the application of dangerous chemicals; Enterprise safety operation rules, post operation methods and skills education. Personnel who have not passed the safety production education and training shall not work at their posts.
Operators of special types of work must be trained by relevant state departments and obtain corresponding qualification certificates before they can arrange special operations.
Article 10 Enterprises shall strictly implement the Regulations on the Safety Management of Hazardous Chemicals, establish and improve dangerous goods ledgers, strengthen the management of the production, storage, use, transportation and operation of hazardous chemicals, and establish emergency rescue plans for accidents. And inform employees and relevant personnel to take emergency measures in case of emergency.
When using dangerous chemicals, enterprises should strictly implement the approval system for hot work in production, storage and use places.
Eleventh enterprises should strengthen the inspection of production safety, and the leaders of the administrative party should regularly organize the departments of safety, production, infrastructure, fire protection, security, trade unions and other departments to conduct comprehensive inspections; All functional departments should regularly organize professionals to conduct professional inspections. For the hidden dangers of accidents and occupational hazards found, a rectification notice will be issued for rectification within a time limit.
Article 12 When introducing and popularizing new technologies, new equipment and new processes, especially raw materials involved in the production of new products by subsidiaries, enterprises must provide comprehensive data and physical and chemical characteristics to the safety and environmental protection department, master their safety technical performance, take effective labor protection measures, and train employees before putting them into use.
Article 13 An enterprise shall, in accordance with regulations, conduct regular safety inspections and inspections on boilers, pressure vessels and other equipment to ensure normal and safe operation.
Article 14 When an enterprise builds, expands, rebuilds, leases a factory building and carries out technical transformation, it shall, in accordance with state regulations, implement the "three simultaneities" of labor safety and health facilities and the main project (simultaneous design, simultaneous construction and simultaneous production and use). Trade unions should participate in the "three simultaneities" acceptance, and have the right to put forward opinions and conduct supervision and inspection.
Article 15 An enterprise shall, according to the post requirements of various types of jobs, provide laborers with labor protection articles that meet the national standards and industry standards, and educate laborers to use them correctly. The administrative organ has the right to refuse employees who do not wear labor protection articles according to the regulations and use labor protection articles incorrectly. The administrative organ has the right to investigate and deal with employees who violate the operating rules.
Enterprises directly engaged in toxic and harmful types of work, the monthly payment of toxic and harmful allowances, special posts to provide health food subsidies.
Article 16 Enterprises shall strictly enforce the law on the prevention and control of occupational diseases, attach great importance to labor protection, and set up toxic and hazardous chemicals information cards and hazard warning cards in positions exposed to toxic and hazardous chemicals and workplaces with greater risks. Actively do a good job in the promotion, application and training of information cards for commonly used toxic and harmful chemicals in post operations, and bring them into the on-site management inspection of enterprises, so as to make regular inspections every quarter and strictly assess workshops and teams.
Active control measures should be taken to reach the national standard for the operating points where harmful substances such as dust exceed the standard.
Article 17 An enterprise shall conduct pre-and post-job health examinations for employees who are directly engaged in toxic and harmful posts, and at the same time conduct regular health examinations every year according to the requirements of the Municipal Occupational Prevention Institute, and establish occupational health and health records for employees. Employees with occupational taboos should be treated and rested in time; Employees who do not adapt to their original posts shall be transferred from their original posts.
For employees in other positions, enterprises should also have regular physical examinations to ensure the health of employees. The administrative party shall promptly notify the trade union of the inspection of occupational diseases.
The wages and medical expenses of employees suffering from occupational diseases or work-related injuries shall be implemented in accordance with the relevant provisions of the state, province and city.
Eighteenth enterprises should handle work-related injury insurance for employees in accordance with the requirements and time limits stipulated by the state, provinces and cities, and pay work-related injury insurance premiums in full and on time.
Nineteenth industrial accidents and serious occupational hazards in the production process, the enterprise shall promptly report to the relevant parties and trade unions in accordance with the relevant provisions of the state. In the process of accident investigation and handling, we should adhere to the principle of "four don't let go", and enterprise trade unions and employee representatives must participate in accident investigation and handling.
Article 20 An enterprise shall do a good job in protecting the special rights and interests of female employees in accordance with the Provisions on Labor Protection of Female Employees, and shall not arrange female employees to engage in high altitude, low temperature, cold water operations or the third-level manual labor intensity specified by the state during menstruation; Female workers shall not be arranged to engage in the third-level physical labor intensity stipulated by the state and the labor that is forbidden during pregnancy. Female employees who are pregnant for more than six months (including six months) shall not be arranged to extend their working hours and work at night, and certain rest time shall be arranged during working hours. Those who are not competent for the original job shall be dismissed from their work or arranged for other jobs according to the certificate of the medical department. Enterprises shall not terminate the labor contract during pregnancy and lactation.
Chapter III Rights and Obligations of Trade Unions and Workers
Article 21 Trade unions shall participate in the study, formulation and revision of labor safety and health rules and regulations of enterprises. Major issues concerning the labor safety and health of employees shall be discussed and approved by the employees (representatives) general assembly.
Twenty-second trade unions have the responsibility to educate employees to strictly abide by the enterprise's safety production rules and regulations and operating procedures, educate and organize employees to receive safety technical training and management, and support enterprises to punish those responsible for endangering the safety of enterprises and employees.
Twenty-third trade unions support the management of labor protection in enterprises, earnestly perform the duties of the labor protection supervision and inspection committee of trade unions, and regularly inspect and supervise the implementation of labor protection every quarter.
Trade unions have the right to correct illegal orders, and have the right to stop operations and take protective measures when forcing workers to take risks or finding obvious hidden dangers of accidents and occupational hazards. The administrative party shall study and reply in time; When discovering the situation that endangers the life safety of employees, they have the right to organize employees to leave dangerous places, and the enterprise administration should make a decision in time.
The enterprise shall promptly notify the trade union of work-related casualties, occupational hazards or other major labor safety accidents, and the trade union shall have the right to participate in the accident investigation according to law, put forward handling opinions and demand that the relevant personnel be held accountable.
Article 24 Trade unions actively assist the administrative authorities in implementing the enterprise safety and health rules and regulations, supervise the implementation of the national labor safety and health regulations, and continuously improve the safety technical quality and self-protection awareness of employees through mass activities such as "ankang cup Competition", "Safe Production Month" and information card training for commonly used toxic and harmful chemicals.
Twenty-fifth enterprise employees have the right to know the risk factors existing in their posts, the protective measures and emergency measures for accidents, and the right to make suggestions on the safety production of their own units.
Twenty-sixth employees have the right to refuse the illegal command of enterprise managers and have the right to force risky operations in accordance with relevant laws and regulations. Have the right to criticize, report and accuse acts that endanger the safety and health of employees, and enterprises shall not reduce the wages and benefits of employees or terminate labor contracts.
Article 27 When employees find an emergency that directly endangers their personal safety at their posts, they have the right to stop their work or leave the workplace after taking possible emergency measures.
An enterprise shall not reduce the wages and welfare benefits of its employees or terminate their labor contracts because they stop working in an emergency or take emergency evacuation measures.
Twenty-eighth employees should consciously accept the education and training of safety production, master the knowledge of safety production and fire control required for the operation of this position, improve the skills of safety production, and enhance the ability of accident prevention and emergency handling.
Article 29: In case of initial fire in production, employees should actively put out the fire and call the police. When the fire may endanger life or cause personal injury, they should take emergency measures to evacuate the work site and try their best to call the police as soon as possible. Alarm number: * * * *
Thirtieth employees in the post production found hidden dangers of accidents, should promptly report to the superior in writing (oral report in case of emergency), and actively take measures to prevent the accident from expanding, and those who receive the report should deal with it in time.
Article 31 In the production process, employees shall strictly abide by the safety production rules and regulations and operating procedures formulated by the enterprise, obey the management, and correctly wear and use labor protection articles.
Chapter IV Supervision and Inspection and Liability for Breach of Contract
Article 32 From the date of signing this contract, both parties to the contract shall set up a safety and health agreement performance inspection team (composed of representatives of the enterprise administration and the trade union) to check the performance of the special collective contract for labor safety and health every quarter according to law. Problems found in the inspection shall be rectified within a time limit, and the rectification shall be submitted to the chief representatives of both parties in writing.
Article 33 The workers' congress of an enterprise shall exercise democratic supervision over the performance of special safety and health contracts, and the supervision and inspection team shall regularly report to the workers' congress on the inspection of the performance of special labor safety and health contracts.
Article 34 If the department with hidden dangers in the performance of the agreement fails to rectify the hidden dangers or the rectification is not up to standard within the prescribed time limit, the administrative party will give financial punishment to the responsible person and order him to rectify again within the prescribed time limit until the comprehensive inspection team is qualified.
Thirty-fifth units and departments that cause personal injury, fire, fire control and production safety accidents due to lax management, enterprises will give economic penalties and disciplinary sanctions to those responsible according to the size and seriousness of the accident, and those who violate the law will be investigated for legal responsibility according to law.
Thirty-sixth workers in the work of illegal operation caused by accidents, according to the seriousness of the case and the size of the responsibility, give economic punishment and disciplinary action, until the termination of the labor contract. Those who violate the law shall be investigated for legal responsibility according to law.
Chapter V Supplementary Provisions
Article 37 A draft special collective contract on labor safety and health, which has been agreed upon by representatives of both enterprises and employees, shall be submitted to the workers' congress for discussion and adoption, signed by the chief representatives of both parties, and shall come into effect after being reported to the superior trade union, the municipal labor administrative department and the municipal safety supervision department for the record.
Article 38: After this contract is signed and comes into effect, it will be published to all employees in the form of factory newspaper and bulletin board.
Article 39: The term of this contract is one year. Within three months before the expiration of the contract, either party may request the other party to re-sign or renew the contract.
Article 40: Matters not covered in this contract shall be settled by both parties through consultation, and the opinions reached through consultation shall be implemented as annexes to this contract.
Signature of the legal representative of the enterprise and the chairman of the enterprise trade union.
Year, month, sun, moon, sun.