Labor Law Weather exceeds 40℃

When the weather reaches 40°C, employers are not allowed to arrange workers to work in the open air.

According to the "Notice on Issuing the Management Measures for Heatstroke Prevention and Cooling Measures" by the State Administration of Work Safety, the Ministry of Health, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions (General Administration of Work Safety Anjian [2012] No. 89 (Provisions, Weather When 40°C is reached:

1. The employer shall not arrange workers to work in the open air;

2. The employer shall not extend working hours;

3. Units should adopt methods such as shift changes and rest breaks to shorten the continuous working time of workers;

4. If the employer stops work or shortens working hours due to hot weather, the employer shall not deduct or reduce workers' wages;

5. The employer shall provide sufficient heatstroke prevention and cooling drinks and necessary medicines that meet health standards;

6. The employer shall issue high temperature allowances to workers in accordance with the regulations of the local labor department. And included in the total salary;

7. The employer should set up a resting place in a high-temperature working environment. The resting place should be equipped with seats and be well ventilated or equipped with air conditioning and other heatstroke prevention and cooling facilities;

< p>8. Workers should obey the employer’s reasonable adjustments to work and rest hours in hot weather or adjustments to relevant work locations and jobs.

The State Administration of Work Safety, the Ministry of Health, Human Resources and Social Security. Ministry of Industry and Information Technology, All-China Federation of Trade Unions

"Notice on Issuing Management Measures for Heatstroke Prevention and Cooling Measures"

Work Safety Supervision Bureau Anjian [2012] No. 89

Eighth Article 1: During hot weather, the employer shall, in accordance with the following provisions and based on production characteristics and specific conditions, adopt reasonable arrangements for working hours, rotate operations, appropriately increase the rest time of workers in high-temperature working environments, reduce labor intensity, and reduce outdoor operations during high-temperature periods. Measures such as:

(1) Employers shall adjust operating hours based on the temperature forecast issued by the meteorological station affiliated to the meteorological department at or above the prefectural level or above on that day, except when emergency treatment is required due to personal and property safety and public interests: < /p>

1. When the daily maximum temperature reaches above 40℃, outdoor open-air operations should be stopped for that day;

2. When the daily maximum temperature reaches above 37℃ and below 40℃, the employer shall arrange all-day arrangements The cumulative outdoor working time of workers shall not exceed 6 hours, the continuous working time shall not exceed national regulations, and outdoor open-air working shall not be arranged within 3 hours of the highest temperature period;

3. The daily maximum temperature reaches above 35℃ , when the temperature is below 37°C, the employer shall adopt methods such as changing shifts and taking breaks to shorten the continuous working time of workers, and shall not arrange workers working in the open air to work overtime.

(2) Before the arrival of high temperature weather, the employer shall Health examinations should be carried out for workers working in hot weather, and occupational health examinations should be adjusted for workers suffering from heart, lung, cerebrovascular diseases, tuberculosis, central nervous system diseases and other physical conditions not suitable for high temperature working environments. The cost shall be borne by the employer.

(3) The employer shall not arrange for pregnant female employees and underage workers to engage in outdoor operations in hot weather above 35℃ or in workplaces with temperatures above 33℃.

(4) If work is stopped or working hours are shortened due to hot weather, the employer shall not deduct or reduce workers' wages.

Article 10 Employers shall provide workers with pre-job occupational health training and regular occupational health training during the job, and popularize occupational health knowledge such as high temperature protection and heatstroke first aid.

Article 11 Employers shall provide sufficient heatstroke prevention and cooling drinks and necessary medicines that meet health standards for workers who work in high temperatures or in hot weather.

Do not give out money or goods in lieu of providing heatstroke prevention and cooling drinks. Heatstroke prevention and cooling drinks shall not be used as a substitute for high temperature allowance.

Article 12 The employer shall set up resting places in high-temperature working environments. The resting place should be equipped with seats and be well ventilated or equipped with air conditioning and other heatstroke prevention and cooling facilities.

Article 13 The employer shall formulate an emergency plan for high temperature and heatstroke, conduct regular emergency rescue drills, and deploy emergency rescue personnel based on the number of workers engaged in high-temperature operations and operations in hot weather, as well as operating conditions, etc. and adequate emergency medicines.

Article 14 When workers develop symptoms of heat stroke, the employer shall immediately take rescue measures to quickly remove them from the high temperature environment, rest in a ventilated and cool place, provide them with heatstroke prevention and cooling drinks, and take necessary symptomatic treatment. Measures; if the condition is serious, the employer shall promptly send the patient to a medical and health institution for treatment.

Article 15 Workers shall obey the employer’s reasonable adjustments to work and rest hours in hot weather or adjustments to relevant work locations and work positions.

Article 17 Workers engaged in high-temperature operations shall enjoy post allowances in accordance with the law.

If the employer arranges for workers to engage in outdoor operations in weather with temperatures above 35°C and cannot take effective measures to reduce the temperature of the workplace to below 33°C, it shall issue high temperature allowances to the workers and include them in the total wages. . High temperature allowance standards are formulated by the provincial human resources and social security administrative department in conjunction with relevant departments, and will be adjusted in a timely manner according to social and economic development conditions.