Measures on Labor Protection in High Temperature Weather of Guangdong Province
Measures of Guangdong Province on Labor Protection in High-temperature Weather, which were adopted at the 82nd Executive Meeting of the People's Government of Guangdong Province on December 1, 2011, are hereby promulgated and shall come into force as of March 1, 2012.
December 26, 2011
Measures of Guangdong Province for Labor Protection in High-temperature Weather
Article 1 These Measures are formulated in accordance with the Labor Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases and other laws and regulations, and in light of the actual conditions of this province, for the purpose of standardizing the work of labor protection in high-temperature weather and ensuring the health and life safety of laborers.
Article 2 These Measures shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the administrative areas of this province (hereinafter referred to as employing units) that arrange workers to work during high-temperature weather.
The state organs, public institutions and social organizations shall refer to these Measures when arranging the work of the laborers with whom they have established labor relations during the period of high temperature weather.
Article 3 The term "high-temperature weather" as mentioned in these Measures refers to the weather on which the daily maximum temperature is above 35℃ issued by meteorological offices or stations subordinate to the competent meteorological departments at or above the county level.
Article 4 People's governments at all levels shall strengthen leadership in the work of labor protection in high-temperature weather.
The departments of supervision and administration of work safety, public health, human resources and social security shall, according to their respective functions and duties, guide, supervise and inspect the work of labor protection in high-temperature weather.
The departments of economy and information technology, housing and urban and rural construction, water conservancy, communications and transportation, Marine and fishery shall, within the scope of their respective duties, do a good job in the work of labor protection in high-temperature weather.
The federations of industry and commerce, the federations of enterprises and the trade associations shall guide the employing units in accordance with law on the measures for labor protection taken during the period of high-temperature weather.
Trade unions at all levels shall, according to law, supervise the labor protection measures taken by the employing units during high-temperature weather.
Article 5 People's governments at or above the county level shall establish an early warning and forecast system for high temperature weather and establish and perfect an early warning information dissemination system for meteorological disasters.
After the meteorological offices and stations subordinate to the competent meteorological department have issued warning signals of high temperature, the media such as radio stations and television stations at all levels and relevant telecommunication operation enterprises shall timely disseminate them to the public.
Article 6 The employing units shall establish and improve the working system for preventing heat stroke and cooling down, rationally arrange the working hours of laborers, ensure safe production and ensure the health and life safety of laborers.
Article 7 The employing units shall, in accordance with the relevant provisions of the State, rationally arrange the production sites, improve the production techniques and operating procedures, adopt good facilities for heat insulation, ventilation and cooling, and ensure that the production sites conform to the national standards.
Article 8 Relevant government departments, trade unions, federations of industry and commerce, and enterprise federations shall strengthen the publicity and education of labor protection in high-temperature weather.
The employing unit shall carry out publicity and education on prevention of heat stroke and emergency treatment for heat stroke, so as to enhance the self-protection ability of laborers working in high-temperature weather.
Article 9 The employing unit shall reasonably arrange working hours, reduce labor intensity and take effective measures to ensure the health and safety of laborers during the following high-temperature weather periods:
(1) Outdoor work shall be stopped on the day when the highest temperature reaches 39℃ or above;
(2) When the highest temperature reaches above 37℃ to below 39℃ (excluding 39℃), the outdoor working time shall not exceed 6 hours all day, and the outdoor working shall be suspended from 12 to 16 o 'clock;
(3) Where the maximum daily temperature reaches above 35 ° C to below 37 ° C (excluding 37 ° C), the employing unit shall shorten the continuous working time by changing shifts and taking rest shifts, etc., and shall not arrange outdoor workers to work overtime.
Article 10 The provisions of Article 9 shall not apply if the employing unit takes cooling measures to keep the working site temperature below 35 ° C (excluding 35 ° C), or if the work cannot be stopped due to the characteristics of the industry or emergency treatment is required for production, safety of human life and property and public interests.
Article 11 An employing unit may not arrange pregnant female workers and juvenile workers to work in the open air in high-temperature weather above 35℃ or in workplaces with temperature above 33℃.
Article 12 The employing unit shall not deduct or reduce the wages of laborers due to suspension of work or shortening of working hours in high-temperature weather.
Article 13 From June to October every year, if the laborers are engaged in open-air jobs and the employing unit fails to take effective measures to lower the temperature of the workplace below 33℃ (excluding 33℃), the employing unit shall pay high temperature allowance to the laborers on a monthly basis. The required expenses shall be itemized in the enterprise cost expenses.
High temperature allowance standards and payment methods shall be formulated by the provincial human resources and social security department in conjunction with relevant departments.
Article 14 During the period of high temperature from June to October every year, the employing unit shall provide free cool drinks that meet the food safety standards to the workers engaged in open-air work and indoor high temperature work.
The cool beverages provided are not eligible for the heat allowance.
Article 15 The employing units shall provide laborers with labor protection facilities and articles necessary in high-temperature weather, and strengthen the maintenance and management of labor protection facilities and articles.
Article 16 An employing unit shall set up rest places under high temperature working environment, with seats, good ventilation or air conditioning and other facilities for preventing summer heat and cooling.
Article 17 The employing units shall adjust the working places or posts of their workers who suffer from diseases unsuitable for working outdoors in high-temperature weather or indoor high-temperature work during high-temperature weather.
If it is true that the work place or post cannot be adjusted due to work needs, preventive measures shall be taken to cope with sudden diseases.
Article 18 The employing units shall provide common antisummer medicines during high-temperature weather. In case of heatstroke, relief measures shall be taken immediately; In serious cases, they shall be sent to a hospital for immediate treatment.
Article 19 The laborer who is diagnosed as an occupational disease by the occupational-disease diagnosis institution approved by the provincial public health authority for heatstroke caused by working in high-temperature weather may apply for industrial injury recognition according to law. Those who have been identified as industrial injury shall enjoy the treatment of industrial injury insurance.
Laborer dies because of heatstroke on working time and working post or after heatstroke 48 hours classics rescue invalid dies, regard as inductrial injury, enjoy treatment of inductrial injury insurance.
Article 20 Where an employing unit violates the provisions of these Measures and commits any of the following acts, it shall be punished according to law by the department responsible for supervision and administration of occupational health in workplaces:
(1) failing to implement measures for preventing heat stroke and reducing temperature, such as ventilation, cooling and heat insulation, in accordance with national standards;
(2) there is no place for rest.
Article 21 Where an employing unit fails to grant high temperature allowance to labourers in violation of Article 13 of these Measures, the competent department of human resources and social security at or above the county level shall order it to make corrections within a prescribed time limit and issue a reissue. Those who fail to correct within the time limit shall be imposed a fine of not less than 2,000 yuan but not more than 10,000 yuan.
Article 22 Where an employing unit fails to provide cool drinks in violation of article 14 of these Measures, the competent department of human resources and social security at or above the county level shall order it to make corrections; Those who fail to correct within the time limit shall be imposed a fine of not less than 500 yuan but not more than 2,000 yuan.
Article 23 If an employing unit violates the provisions of these Measures, the trade union of the enterprise or the local federation of trade unions shall have the right to put forward opinions to the employing unit, and the employing unit shall make corrections in time. If the employing unit refuses to make corrections, the relevant trade union organization shall submit the case to the government and relevant departments for handling according to law, and supervise the result of handling.
Article 24 The "above" and "below" degrees Celsius (℃) referred to in these Measures shall include this amount unless otherwise indicated.
Article 25 These Measures shall take effect as of March 1, 2012.