Article 1 In order to strengthen the labor protection of hot work and hot weather work, and safeguard the health of workers and their related rights and interests, these Measures are formulated in accordance with the provisions of the Prevention and Control of Occupational Diseases of the People's Republic of China*** and the State of China, the Production Safety Law of the People's Republic of China*** and the State of China, the Labor Law of the People's Republic of China, and the Labor Union Law of the People's Republic of China*** and the State of China, as well as other relevant laws and administrative regulations.
The second article of this law is the "Work Safety Law of China".
Article 2 These Measures shall apply to employers such as enterprises, institutions and individual economic organizations that have high-temperature work and arrange for workers to work during hot weather.
Article 3 High-temperature work refers to the combination of high air temperature, or intense heat radiation, or accompanied by high air humidity (relative humidity ?80% RH) abnormal operating conditions, wet bulb black globe temperature index (WBGT index) exceeds the prescribed limit value of the operation.
Hot weather is defined as weather with a daily maximum temperature of 35 ℃ or higher issued to the public by meteorological stations belonging to meteorological authorities at or above the prefecture or municipal level.
Hot weather work refers to the work that employers arrange for laborers to carry out in a hot natural meteorological environment during hot weather.
Workplace hot work WBGT index measurement in accordance with the "measurement of physical factors in the workplace Part 7: high temperature" (GBZ/T189.7) implementation; high temperature work occupational exposure limits in accordance with the "limit of occupational exposure to hazardous factors in the workplace, Part 2: Physical Factors" (GBZ2.2) implementation; high-temperature operations in accordance with the "workplace occupational hazards grading operations Part 3: high temperature" (GBZ2.2) implementation; high-temperature operations in accordance with the "workplace occupational hazards grading operations Part 3: high temperature" (GBZ2.3) implementation. Part 3: high temperature" (GBZ/T229.3) implementation.
Article 4 The State Council supervision and management of work safety, health administration, human resources and social security administration in accordance with the relevant laws, administrative regulations and the State Council to determine the responsibilities of the national hot work, hot weather operations labor protection supervision and management work.
Local people's governments at or above the county level are responsible for the supervision and management of work safety, health administration, human resources and social security administration in accordance with the laws, administrative regulations and their respective duties, and are responsible for the supervision and management of high temperature work and labor protection of hot weather work in the administrative area.
Article 5 Employers shall establish and improve the work system to prevent heat stroke, take effective measures to strengthen the high temperature work, hot weather work labor protection, to ensure that workers' health and safety.
The main person in charge of the employer is fully responsible for the work of heat stroke prevention and cooling.
Article 6: Employers shall, in accordance with the relevant provisions of the state, rationalize the layout of the production site, improve the production process and operating procedures, and adopt good heat insulation, ventilation and cooling measures to ensure that the workplace meets the requirements of national occupational health standards.
Article 7 Employers shall implement the following labor protection measures for high-temperature work:
(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 reduce or eliminate the hazards of high temperatures at source. 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 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, while the construction, and at the same time into production and use.
(c) The existence of high-temperature occupational disease hazards of the employer, should be implemented by a person responsible for high-temperature daily monitoring, and in accordance with the relevant provisions of the occupational disease hazards detection, evaluation.
(d) The employer shall, in accordance with the relevant provisions of the exposure to high-temperature hazards of the work of the organization of the workers before the start, on the job during the period and the departure of occupational health checks, the results of the inspection into the occupational health monitoring files and inform the workers in writing. Occupational health examination costs borne by the employer.
(e) Employers shall not arrange for pregnant female workers and underage workers to engage in high-temperature workplace operations above the third level of "Classification of Occupational Disease Hazardous Operations in Workplaces Part 3: High Temperature" (GBZ/T229.3).
Article 8 During hot weather, the employer shall, in accordance with the following provisions, according to the characteristics of production and specific conditions, take measures to reasonably arrange the working hours, rotate operations, appropriately increase the rest time and reduce the labor intensity of the workers in the hot working environment, and reduce the number of outdoor work during hot periods:
(1) The employer shall, according to the competent meteorological department of the local municipal level or above Affiliated weather stations issued on the day of the forecast temperature, adjust the operating time, but due to personal and property safety and the public interest need to be dealt with urgently, except:
1. The maximum daily temperature reaches 40 ℃ or more, should stop the day of outdoor open-air operations;
2. The maximum daily temperature reaches 37 ℃ or more, 40 ℃ or less, the employer throughout the day to arrange for the workers to work in the open air for an aggregate of time Shall not exceed 6 hours, the continuous operation time shall not exceed the national regulations, and in the highest temperature within 3 hours shall not be arranged for outdoor open-air work;
3. Maximum daily temperature reaches 35 ℃ or more, 37 ℃ or less, the employer should be taken by the way of shift rotation, etc., to shorten the time of continuous operation of the workers, and shall not be arranged for outdoor work in the open-air work of the workers overtime.
(2) Before the arrival of hot weather, the employer shall carry out health checks on workers working in hot weather, and shall adjust the positions of workers suffering from heart, lung and cerebrovascular diseases, tuberculosis, central nervous system diseases and other physical conditions that are unsuitable for a hot working environment. Occupational health examination costs borne by the employer.
(c) Employers shall not arrange for pregnant female workers and underage workers to engage in outdoor open-air work and workplace operations with temperatures above 33 degrees Celsius during hot weather above 35 degrees Celsius.
(d) If work is stopped or working hours are shortened due to hot weather, the employer shall not deduct or reduce the wages of the workers.
Article 9 Employers shall provide workers with personal protective equipment that meets the requirements, and supervise and guide workers to use it correctly.
Article 10: Employers shall provide workers with occupational health training before starting work and regular occupational health training during work, and popularize occupational health knowledge such as high temperature protection and first aid for heat stroke.
Article 11 The employer shall supply sufficient, in accordance with health standards, heat-prevention beverages and necessary medicines for workers in high-temperature and hot-weather operations.
No money shall be issued in lieu of the provision of heat-prevention beverages. Heat stroke prevention and cooling drinks shall not be offset against the high temperature allowance.
Article 12: The employer shall establish a rest place in the hot working environment. The rest place should be equipped with seats, well ventilated or equipped with air conditioning and other facilities to prevent heat stroke.
Article 13 The employer shall formulate an emergency plan for heat stroke, regularly conduct emergency rescue drills, and according to the number of workers engaged in hot work and hot weather operations and operating conditions, equipped with emergency rescue personnel and a sufficient amount of first-aid drugs.
Article XIV of the workers have symptoms of heat stroke, the employer shall immediately take measures to help them quickly out of the hot environment, to ventilate the cool place to rest, the supply of anti-heat stroke drinks, and to take the necessary symptomatic measures; serious condition, the employer shall be sent to the medical and health institutions for treatment.
Article 15: Workers shall comply with the employer to reasonably adjust the work and rest time in hot weather, or the adjustment of the relevant workplace, workplace arrangements.