The state stipulates that it is forbidden to work when the outdoor temperature exceeds.
1. It is stipulated by the state that outdoor work should be stopped when the outdoor temperature exceeds 4 degrees. The employing unit shall pay high-temperature allowance to the workers if it arranges them to work in the open air when the daily maximum temperature reaches more than 35 degrees in summer high-temperature weather and cannot take effective measures to reduce the workplace temperature below and excluding 33 degrees. The employing unit shall pay the high-temperature allowance to the workers engaged in high-temperature operations, and provide the workers with sufficient heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards. Do not replace the provision of heatstroke prevention and cooling drinks with the distribution of money and goods. Heatstroke prevention and cooling drinks shall not be used to offset the high temperature allowance.
2. Legal basis: Article 7 of the Measures for the Administration of Heatstroke Prevention and Cooling
The employer shall implement the following labor protection measures for high-temperature operations:
(1) Give priority to the adoption of new technologies, new processes, new materials and new equipment that are conducive to controlling high temperature, and reduce or eliminate high-temperature hazards from the source. Comprehensive control measures should be taken to meet the requirements of national occupational health standards for high temperature hazards that cannot be completely eliminated in the production process.
(2) The construction project with high-temperature occupational hazards shall ensure that its design meets the relevant national occupational health standards and health requirements, and the high-temperature protection facilities shall be designed, constructed and put into production and use at the same time as the main project.
(3) The employing unit with high-temperature occupational hazards shall carry out daily high-temperature monitoring by special personnel, and carry out detection and evaluation of occupational hazard factors in accordance with relevant regulations.
(4) The employing unit shall, in accordance with the relevant regulations, organize occupational health examinations for workers exposed to high temperature hazards before, during and after taking up their posts, store the examination results in occupational health monitoring files and inform the workers in writing. The expenses for occupational health examination shall be borne by the employer.
(5) The employing unit shall not arrange pregnant female workers and underage workers to work in high-temperature workplaces above Grade III in Classification of Occupational Hazards in Workplaces Part 3: High Temperature (GBZ/T229.3).
2. Who can receive the high temperature allowance
1. If the laborer is engaged in open-air jobs and the employer cannot take effective measures to reduce the temperature of the workplace to below 33 degrees, the employer shall pay the employee a monthly high temperature allowance, and specify the specific items and amount in the salary list;
2. If the employing unit arranges the high-temperature workers to temporarily engage in non-high-temperature operations for no more than 4 working days in the current month, the employing unit shall fully pay the high-temperature allowance for the current month; For more than 5 working days, the employer can convert the high-temperature allowance according to the number of days that the laborer is engaged in high-temperature operations in the current month;
3. If the workers engaged in high-temperature operations fail to attend work normally, the employer may convert the high-temperature allowance according to the number of days the workers actually attend work and engage in high-temperature operations in the current month.