Article 1 In order to do a good job in heatstroke prevention and cooling in high temperature weather, and protect the health and related legitimate rights and interests of workers, these Measures are formulated in accordance with the provisions of laws and regulations such as the Law on Safety in Production in People's Republic of China (PRC), the Labor Law in People's Republic of China (PRC), the Law on Prevention and Control of Occupational Diseases in People's Republic of China (PRC), and combined with the actual situation of this Municipality.
Article 2 The term "hot weather" as mentioned in these Measures refers to the weather in which the daily maximum temperature is above 35℃ released to the public by the meteorological stations affiliated to the municipal competent meteorological department through local television, radio and other media.
The temperature shall be subject to the meteorological station issued by the municipal competent meteorological department.
Article 3 These Measures shall apply to enterprises, individual economic organizations and other economic organizations (hereinafter referred to as employing units) within the administrative area of this Municipality to arrange workers to work in hot weather.
Fourth people's governments at all levels should strengthen the leadership of labor protection in hot weather.
The relevant administrative departments of production safety supervision and management, human resources and social security, health and so on shall be responsible for the daily supervision and management of labor protection in hot weather according to their respective responsibilities.
Trade union organizations at all levels shall supervise the labor protection measures taken by employers during high temperature weather according to law.
Fifth, establish a timely monitoring, early warning and forecasting system for high temperature weather.
Meteorological offices and stations subordinate to the municipal competent meteorological department are responsible for timely monitoring, early warning and forecasting of high temperature weather. The warning signal of high temperature weather is divided into orange and red, in which the daily maximum temperature above 38℃ is orange and above 40℃ is red.
Television, radio and other media shall timely and accurately broadcast meteorological information of high temperature weather according to timely meteorological information and early warning and forecast directly provided by meteorological stations subordinate to the municipal competent meteorological department. Television media should display warning signals of high temperature weather on TV screens. And shall not delete timely meteorological information and high temperature weather warning and forecasting information.
Article 6 The employing unit shall reasonably arrange the working hours of laborers in hot weather, ensure safe production, and ensure the health and life safety of laborers.
Article 7 The employing unit shall publicize and educate the workers on heatstroke prevention and first aid, so as to enhance their self-labor protection ability when working in hot weather.
Article 8 If the daily maximum temperature is above 35℃ and below 38℃ (excluding 38℃), the employing unit shall earnestly do a good job in heatstroke prevention and cooling in high temperature weather, formulate and implement heatstroke prevention and cooling measures, and ensure the normal operation of heatstroke prevention and cooling equipment.
Article 9 When the daily maximum temperature is above 38℃ and below 40℃ (excluding 40℃), the employing unit shall reasonably adjust the work and rest time when arranging the work of the workers. For those who work in high-temperature environment and need to work outdoors for a long time, heatstroke prevention and cooling measures shall be taken to avoid outdoor work in high-temperature period.
Article 10 The maximum daily temperature is above 40℃, which is a strong high temperature weather. If the employing unit still cannot make the temperature of the workers' workplace lower than 38℃ (excluding 38℃) after taking cooling measures, it shall stop working. If it is impossible to stop work due to production process requirements, work will be suspended during the high temperature period of 12- 16. 12 to 16 If high-temperature operation cannot be suspended due to production process requirements, high-temperature open-air operation shall be suspended.
Article 11 The provisions of Articles 9 and 10 of these Measures shall not apply to the working hours of workers whose workplace temperature is lower than 38℃ (excluding 38℃) due to the need of emergency rescue and disaster relief or the cooling measures taken by the employing unit.
Article 12 The employing unit shall not deduct the wages of workers because they stop working or shorten their working hours in high or medium-high temperature weather.
Trade unions or laborers may agree in collective contracts and labor contracts to appropriately raise the wage payment standard during hot weather.
Article 13 If the employing unit 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 to below 33℃ (excluding 33℃), the employing unit shall pay the workers a high-temperature allowance according to the standard of 6- 10 yuan per person per day. If the standard of high-temperature allowance is adjusted, it shall be implemented according to the new standard.
Article 14 During the period from May to September every year, the employing unit shall provide free enough cool drinks that meet the hygiene standards to the workers engaged in outdoor operations and indoor high-temperature operations.
Article 15 The employing unit shall provide necessary labor protection facilities and articles for laborers in hot weather, and strengthen the maintenance and management of labor protection facilities and articles.
Sixteenth high temperature weather, the employer shall set up a rest place according to local conditions.
Rest places shall meet the following conditions:
(a) located in the work area or not far from the work place, and isolated from the influence of high temperature and thermal radiation;
(two) equipped with arbor, chairs, fans and other basic heatstroke prevention and cooling facilities, equipped with cool drinks and commonly used heatstroke prevention drugs; Conditional can add air conditioning, spray fan and shower facilities;
(3) Good ventilation.
Article 17 The employing unit shall adjust the working place or post of workers suffering from cardio-pulmonary vascular diseases, persistent hypertension, tuberculosis, central nervous system diseases and other physical conditions that are not suitable for outdoor work or indoor work in hot weather. If the work place or post cannot be adjusted due to work needs, preventive measures should be taken to deal with sudden diseases.
Eighteenth workers should obey the employer in accordance with the provisions of these measures, reasonable adjustment of work and rest time or adjust the relevant workplaces and jobs.
Nineteenth the employer shall be equipped with corresponding full-time (part-time) rescue personnel for heatstroke in hot weather.
Workers should take immediate rescue measures when suffering from heatstroke; If the condition is serious, you should be sent to hospital for treatment.
Article 20 If a worker suffers from heatstroke due to hot weather operation and is diagnosed as an occupational disease by an occupational disease diagnosis medical and health institution recognized by the provincial health administrative department, he may apply to the relevant human resources and social security administrative department for work-related injury identification, and if it is identified as a work-related injury, he shall enjoy the treatment of work-related injury insurance.
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.
Twenty-first establish a heatstroke accident reporting system.
In case of heatstroke accident, the employing unit shall report in writing to the local safety production supervision and management, human resources and social security and health administrative department in time after the accident, and the relevant departments shall organize investigation and cause analysis according to their respective duties and take preventive measures.
Twenty-second in violation of the provisions of these measures, delete timely meteorological information or high temperature weather warning and forecasting information, the competent meteorological departments at or above the county level shall be punished according to the relevant provisions of the Meteorological Law of People's Republic of China (PRC).
Article 23 If an employing unit violates the provisions of these measures and does not have the conditions for safe production stipulated by relevant laws, administrative regulations, national standards or industry standards, thus causing serious damage or casualties to the health of workers, the corresponding responsibilities of the employing unit and its responsible person shall be investigated in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fourth employers in violation of the provisions of these measures, did not provide necessary labor protection facilities and supplies for workers in hot weather, in accordance with the relevant provisions of the employer and its responsible person shall be investigated for corresponding responsibilities.
Article 25 If an employing unit violates the provisions of these measures and fails to pay high-temperature allowance to its employees or fails to pay high-temperature allowance to its employees in accordance with the standards stipulated in these measures, and fails to provide free cool drinks to employees engaged in outdoor and indoor high-temperature operations from May to September every year, the relevant administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be dealt with severely according to law.
Twenty-sixth employers in violation of the provisions of these measures, damage the rights and interests of workers, workers can apply for labor dispute arbitration according to law.
Twenty-seventh employers in violation of the provisions of these measures, the relevant trade unions have the right to put forward to the employer, the employer shall promptly correct. If the employer refuses to make corrections, the relevant trade union organizations shall submit them to the relevant departments for handling according to law, and supervise the handling results.
Twenty-eighth "above" and "below" degrees Celsius (℃) mentioned in these Measures include this number unless otherwise specified.
Article 29 These Measures shall come into force as of 20 1 1, 1 and1,and shall be valid for 5 years.