The summer cooling fee should be based on the specific enterprise standards of different industries to develop the issuance of outdoor open-air workers high-temperature allowance of not less than 60 yuan per person per month; in 33 ℃ (including 33 ℃) above the indoor workplace operation of the personnel, each person per month of not less than 45 yuan. The high-temperature allowance is not available to every worker, and it is only available to workers who work in the open air in hot weather and who are unable to take effective measures to reduce the temperature of the workplace to below 33℃.
And heat-reducing drinks cannot be used to offset the allowance
According to the regulations, the high-temperature allowance is paid from June to August each year. As for whether it is paid at the beginning, middle or end of the month, the official said it can be determined by each employer with the pay date. "People can pay attention to the pay stubs they received this month, which should have a record of the subsidies issued in June." The person in charge reminded that the above notice specifically lists an article that the heat-prevention beverages issued by enterprises during the high temperature period cannot be offset against the high-temperature subsidy. Nor shall the staff need to stop working due to high temperatures to cool down and shorten the working time to deduct or reduce the wages of workers.
The high-temperature subsidy is only paid to workers who are on duty during the high-temperature period, and not to those who are on vacation or off duty during that period. Workers who find that their employers are violating the regulations can use their pay stubs to prove their case and apply for labor dispute arbitration in accordance with the law.
Below we learn more about our country in the management of heat stroke prevention measures in the clear provisions.
Administrative measures for heat stroke prevention and cooling measures
Article 1 In order to strengthen the high temperature work, hot weather labor protection work, to protect the health of workers and their related rights and interests, according to the "Chinese People's Republic of China *** and the State Prevention and Control of Occupational Diseases Act", "the Chinese People's Republic of China *** and the State Labor Law" and other relevant laws and regulations, the formulation of these measures.
Second Article These Measures shall apply to employers such as enterprises, institutions and individual economic organizations where high-temperature work exists and where workers are arranged to work during hot weather.
Article 3 High-temperature work refers to work that has high air temperature, or strong thermal radiation, or accompanied by high air humidity (relative humidity ≥ 80% RH) combined with abnormal meteorological conditions, wet bulb black globe temperature index (WBGT index) exceeds the prescribed limit.
Hot weather is defined as weather with a daily maximum temperature of 35℃ or above released to the public by meteorological stations belonging to meteorological authorities at or above the prefecture and municipal level. The temperature is based on the release by meteorological stations belonging to the competent meteorological authorities at or above the prefecture and municipal level.
The measurement of WBGT index for high-temperature operations in workplaces is in accordance with the Measurement of Physical Factors in Workplaces Part 7: High Temperature (GBZ/T189.7); the limit of occupational exposure to high-temperature operations is in accordance with the Limit of Occupational Exposure to Hazardous Factors in Workplaces Part 2: Physical Factors (GBZ2.2); and the grading of high-temperature operations is in accordance with the Grading of Occupational Hazards in Workplaces Part 3: High Temperature (GBZ2.2). Grading Part 3: High Temperature" (GBZ/T229.3) implementation.
Article 4 The State Council supervision and management department of work safety, health administration, labor security administration in accordance with the relevant laws and the State Council to determine the responsibilities, is responsible for the national supervision and management of hot work, hot weather labor protection.
Local people's governments at or above the county level are responsible for the supervision and management of work safety, health administration and labor security administration in accordance with their respective responsibilities for the supervision and management of high-temperature work and labor protection in hot weather in their respective administrative areas.
Trade union organizations in accordance with the law on the employer's high-temperature work, hot weather labor protection measures to supervise the situation.
Article 5 Employers shall fully implement the relevant laws, regulations and standards, adhere to the policy of prevention and combining prevention and treatment, and take the following labor protection measures for high-temperature work and hot weather:
(1) Priority shall be given to the adoption of new technologies, processes, materials and equipment conducive to the control of high temperatures, so as to keep workers away from heat sources. For high-temperature hazards that cannot be completely eliminated in the production process, comprehensive control measures should be taken to bring them into line with the requirements of national occupational health standards.
(ii) the existence of high-temperature occupational disease hazards of the construction project, should ensure that its design is in line with national occupational health-related standards and health requirements, high-temperature protection facilities should be designed at the same time as the main project, construction, and at the same time put into production use.
(c) to high temperature and strong heat radiation operations, high temperature and high air humidity operations, summer open-air operations and other different types of high temperature work to take appropriate preventive and control measures.
(d) Provide workers with the necessary high-temperature protective equipment and personal protective equipment that meets the requirements, and strengthen the maintenance of high-temperature protective equipment and the management of personal protective equipment.
(e) during the hot weather, should be based on the characteristics of production and specific conditions, to take a reasonable arrangement of working hours, rotating operations, an appropriate increase in the rest time of high-temperature workers and reduce the intensity of labor, and reduce the number of high-temperature hours of outdoor work and other measures.
When work is stopped or working hours are shortened due to hot weather, employers shall not deduct or reduce workers' wages.
(F) to carry out pre-employment occupational health training for workers and regular occupational health training during the period of employment, popularize occupational health knowledge such as high-temperature protection and first aid for heatstroke, and guide workers in the correct use of high-temperature protective equipment and personal protective equipment.
(vii) formulate emergency plans for heat stroke, conduct regular emergency rescue drills, and, according to the number of laborers engaged in high-temperature and hot-weather work and high-temperature work, equip them with first-aiders for heat stroke and a sufficient amount of first-aid medicines.
(h) In accordance with the relevant provisions of the workers engaged in exposure to high-temperature work to organize occupational health checks before, during and after leaving work, and inform the workers in writing of the results of the checks. Occupational health examination costs borne by the employer.
No arrangement shall be made without pre-employment occupational health examination of workers and workers suffering from occupational contraindications to high-temperature work to engage in high-temperature work and hot weather operations. For workers suffering from heart, lung, vascular organic disease, persistent hypertension, diabetes, tuberculosis, central nervous system disease and other physical condition is not suitable for high-temperature work, as well as pregnancy, breastfeeding, older, poorer physical condition of the workers, should be adjusted to their workplace or work position. Can not temporarily mobilize the post, should be in the hot work and hot weather operations to take effective labor protection measures for them.
(ix) Pregnant female workers shall not be arranged to work in hot weather above 35℃ and in workplaces where the indoor temperature is above 33℃.
Minor workers shall not be arranged to work in hot weather operations above 35℃ and high temperature workplaces above Level III in "Classification of Occupational Disease Hazardous Operations in Workplaces Part 3: High Temperature" (GBZ/T229.3).
(j) for hot work, hot weather operations for workers to supply enough, meet the health standards of cool salty beverages and necessary drugs to prevent heat stroke.
(xi) When a worker suffers heat stroke, the employer shall immediately take measures to help the worker to get out of the hot environment, rest in a ventilated and cool place, and give the worker cool salty drinks and symptomatic treatment; if the condition is serious, the employer shall send the worker to a medical institution for treatment in a timely manner.
Article 6 The employer arranges for workers to work during hot weather, and shall adjust the working hours according to the actual situation:
(1) If the daily maximum temperature reaches 40℃ or above, the outdoor work shall be stopped on the same day.
(ii) When the daily maximum temperature reaches above 37℃ and below 40℃, the employer shall arrange for workers to work outdoors for no more than five hours, and shall not arrange for outdoor work from 12 o'clock to 15 o'clock.
(3) When the daily maximum temperature reaches above 35℃ and below 37℃ (not including 37℃), the employer shall shorten the continuous working time of the workers by means of shift rotation, and shall not arrange for overtime work for the workers working outdoors.
(4) Where the employer takes cooling measures to keep the temperature at the workplace of the workers below 33℃, and where it is impossible to stop work due to the production characteristics of the industry, or where urgent action is required due to the safety of persons and property and the public interest, the provisions of subparagraphs (1) and (2) of this Article shall not apply.
Article 7 workers shall learn and master the relevant occupational health knowledge, enhance the awareness of high-temperature work, hot-weather work prevention, compliance with occupational disease prevention and control laws, regulations, rules and operating procedures, the correct use and maintenance of high-temperature protective equipment and personal protective equipment, and found that the hidden danger of high-temperature hazards should be reported in a timely manner. Workers should comply with the employer's reasonable adjustment of work and rest time or the adjustment of the relevant workplace, workstation arrangements.
Article VIII of the workers and employers through equal consultation, can be on hot work and hot weather labor protection matters to enter into a collective contract, or sign a hot work and hot weather labor protection special collective contract.
Article 9 Laborers engaged in high-temperature work and hot-weather work shall be entitled to job allowances in accordance with the law.
Where an employer arranges for workers to engage in high-temperature work or work in hot weather above 35 degrees Celsius, high-temperature allowances shall be paid to the workers and included in the total wages. High-temperature allowance standard by the provincial labor security administrative departments in conjunction with the relevant departments, and adjusted in due course in accordance with the state of social and economic development.
Article X medical and health institutions to undertake occupational heatstroke diagnosis, shall be approved by the health administrative department of the provincial people's government.
Article 11 workers due to heat stroke caused by high-temperature work, diagnosed as an occupational disease, recognized as work-related injuries, enjoy work-related injury insurance treatment.
Workers who suffer heatstroke caused by hot weather work may apply for recognition of work injury and enjoy work injury insurance treatment if they comply with the regulations.
If a worker dies of heatstroke during working hours and at work or dies within 48 hours of heatstroke after rescue, he/she shall be regarded as having suffered a work-related injury and shall be entitled to work-related injury insurance treatment.
Article 12 The supervisory and management department of work safety, the administrative department of health, and the administrative department of labor security shall strengthen supervision in accordance with the division of responsibilities.
(1) The supervision and management department of work safety shall supervise and inspect the employer's compliance with the relevant laws and regulations and the implementation of measures to prevent heat stroke in the workplace, and shall penalize violations of the law in accordance with the relevant state laws and regulations.
(2) health administrative departments, in conjunction with the relevant departments to carry out publicity and education to prevent heatstroke, and organize medical treatment of heatstroke.
(3) The administrative department of labor security supervision and inspection of employers to comply with labor security laws and regulations, in the hot work and during the hot weather to arrange for workers to work.
Trade union organizations, in accordance with the law, the employer's high-temperature work, hot weather labor protection measures to implement supervision. Discovered violations of the law, trade union organizations have the right to propose to the employer, the employer shall promptly correct. If the employer refuses to make corrections, the trade union organization shall refer the matter to the relevant departments for handling in accordance with the law, and supervise the results of the handling.
Article 13 The relevant government departments shall, in accordance with the law, stop any violation by employers of the relevant state laws and regulations that jeopardize the health of workers and order employers to rectify the situation; if the problem is serious, they shall, in accordance with the relevant state laws and regulations, hold the employer and the person in charge of the employer responsible for the corresponding responsibility; if a crime is constituted, they shall be held criminally liable in accordance with the law.
Article XIV of the people's governments at the provincial level, production safety supervision departments, health administrative departments, administrative departments of labor security and trade union organizations shall, in accordance with these Measures, the development of implementation details.
Article 15 These Measures shall be interpreted by the General Administration of Work Safety in conjunction with the Ministry of Health, the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions.
Article 16 These Measures shall come into force on the date of promulgation, and the Interim Measures for Measures to Prevent Heat Stroke and Reduce Temperature, which was jointly announced by the Ministry of Health, the Ministry of Labor and the All-China Federation of Trade Unions on July 1, 1960, shall be repealed at the same time.
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