Measures for heatstroke prevention and cooling and summer vacation

State Administration of Work Safety, Ministry of Health, Ministry of Human Resources and Social Security, National Federation of Trade Unions.

Measures for the administration of heatstroke prevention and cooling measures

Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases, the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations in order to strengthen the labor protection in high-temperature operation and high-temperature weather and protect the health of workers and their related rights and interests.

Article 2 These Measures shall apply to enterprises, institutions, individual economic organizations and other employing units that have high-temperature operations and arrange workers to work during high-temperature weather.

Article 3 High-temperature operation refers to the operation with high humidity (relative humidity ≥80%RH) and wet bulb temperature index (WBGT index) exceeding the specified limit under high temperature, strong thermal radiation or abnormal meteorological conditions.

High temperature weather refers to the weather where the daily maximum temperature is above 35℃ released to the public by the meteorological offices and stations affiliated to the competent meteorological departments at or above the prefecture level. The temperature shall be subject to the meteorological station issued by the competent meteorological department at or above the prefecture level.

The WBGT index of high-temperature work in the workplace shall be determined according to Measurement of Physical Factors in the Workplace Part 7: High Temperature (GBZ/T 189.7). Occupational exposure limits for high temperature operation shall be implemented according to occupational exposure limits of Hazardous Factors in Workplace Part 2: Physical Factors (GBZ2.2); The classification of high-temperature operations shall be carried out in accordance with the Classification of Occupational Hazards in Workplaces Part 3: High Temperature (GBZ/T229.3).

Article 4 The safety production supervision and management departments, health administrative departments and labor security administrative departments of the State Council shall be responsible for the supervision and management of high-temperature operation and labor protection in high-temperature weather throughout the country in accordance with relevant laws and responsibilities determined by the State Council.

The local people's governments at or above the county level shall, according to their respective functions and duties, be responsible for the supervision and management of hot work and labor protection in hot weather.

The trade union shall supervise the employer's adoption of labor protection measures in hot work and hot weather according to law.

Article 5 The employing unit shall fully implement the relevant laws, regulations and standards, adhere to the policy of putting prevention first and combining prevention with control, and take the following labor protection measures for high-temperature operations and high-temperature weather:

(a) give priority to the use of new technologies, new processes, new materials and new equipment that are conducive to controlling high temperature, so as to keep operators away from heat sources. 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 conforms to the relevant national occupational health standards and health requirements, and the high-temperature protection facilities shall be designed, constructed and put into production at the same time as the main project.

(3) Take corresponding preventive measures for different types of high-temperature operations, such as high-temperature and strong thermal radiation operations, high-temperature and high-humidity operations, and open-air operations in summer.

(4) Provide necessary high-temperature protective equipment and personal protective equipment that meet the requirements for workers, and strengthen the maintenance of high-temperature protective equipment and the management of personal protective equipment.

(5) During high temperature weather, measures should be taken according to production characteristics and specific conditions, such as reasonably arranging working hours, implementing shift system, appropriately increasing the rest time of high temperature workers, reducing labor intensity and reducing outdoor work in high temperature period.

If the work stoppage and working hours are shortened due to high temperature weather, the employer shall not deduct or reduce the wages of the workers.

(6) Provide occupational health training for workers before taking up their posts and regularly during their posts, popularize occupational health knowledge such as high temperature protection and heatstroke first aid, and guide workers to correctly use high temperature protective articles and personal protective articles.

(7) Formulate an emergency plan for high-temperature heatstroke, conduct emergency rescue drills on a regular basis, and equip first-aid personnel for heatstroke and sufficient first-aid drugs according to the number of personnel engaged in high-temperature operations and high-temperature weather operations and the high-temperature operations.

(eight) in accordance with the relevant provisions of the workers engaged in high temperature operations before, during and after the occupational health examination, and will inform the workers in writing of the inspection results. The expenses for occupational health examination shall be borne by the employer.

Workers who have not undergone occupational health examination before taking up their posts and workers who have occupational taboos for high-temperature operations shall not be arranged to engage in high-temperature operations and high-temperature weather operations. Workers suffering from heart, lung, vascular diseases, persistent hypertension, diabetes, tuberculosis, central nervous system diseases and other physical conditions unsuitable for high-temperature operation, as well as pregnant, breastfeeding, older and in poor health, should adjust their workplaces or posts. If the post cannot be transferred temporarily, effective labor protection measures should be taken when working in high temperature and high temperature weather.

(9) Pregnant female workers shall not be arranged to work in hot weather above 35℃ and workplaces with indoor temperature above 33℃.

Juvenile workers shall not be arranged to work in hot weather above 35℃ or in high temperature above Grade III in the Classification of Occupational Hazards in Workplace (GBZ/T229.3).

(ten) to provide enough cool and salty drinks and necessary heatstroke prevention and cooling drugs for workers working in high temperature and high temperature weather.

(1 1) When workers suffer from heatstroke, take immediate rescue measures to help them get out of the high temperature environment quickly, rest in a ventilated and cool place, and give salty and cold drinks and symptomatic treatment; If the condition is serious, the employer shall promptly send it to a medical and health institution for treatment.

Article 6 Where an employing unit arranges laborers to work in hot weather, it shall adjust the working hours according to the actual situation:

(1) When the highest temperature reaches above 40℃ on that day, stop the outdoor operation on that day.

(2) When the daily maximum temperature reaches 37℃ or above and 40℃ or below, the employer shall not arrange outdoor work for workers for more than 5 hours, or 12 to 15.

(3) When the daily maximum temperature reaches 35℃ or above and 37℃ or below (excluding 37℃), the employing unit shall rest in shifts, shorten the continuous working hours of workers, and shall not arrange outdoor workers to work overtime.

(4) The provisions of Items (1) and (2) of this article shall not apply if the employing unit takes cooling measures to make the temperature of the workers' workplace lower than 33℃, or if it cannot stop working due to the production characteristics of the industry or the safety of personal property and public interests.

Article 7 Laborers should learn and master the relevant occupational health knowledge, enhance the awareness of protection for high-temperature operations and high-temperature weather operations, abide by the laws, regulations, rules and operating procedures for occupational disease prevention, correctly use and maintain high-temperature protective articles and personal protective articles, and report the hidden dangers of high-temperature hazards in time. Laborers shall obey the employer's reasonable adjustment of working and rest hours or adjustment of relevant workplaces and posts.

Article 8 Laborers and employers may sign collective contracts or special collective contracts on high-temperature operation and labor protection in high-temperature weather through equal consultation.

Ninth workers engaged in high temperature operations and high temperature weather operations shall enjoy post allowances according to law.

If the employing unit arranges the workers to engage in high-temperature operations or operations in hot weather above 35℃, it shall pay the workers high-temperature allowance and include it in the total wages. The standard of high temperature allowance shall be formulated by the provincial labor and social security administrative department in conjunction with relevant departments, and adjusted in a timely manner according to social and economic development.

Article 10 Medical and health institutions that undertake the diagnosis of occupational heatstroke shall be approved by the health administrative department of the provincial people's government.

Article 11 Workers who suffer from heatstroke due to high-temperature operation and are diagnosed as occupational diseases and identified as work-related injuries shall enjoy work-related injury insurance benefits.

Workers suffering from heatstroke due to hot weather can apply for work-related injury identification and enjoy work-related injury insurance benefits if they meet the requirements.

Workers who die of heatstroke during working hours and jobs or die after being rescued within 48 hours after heatstroke are regarded as work-related injuries and enjoy work-related injury insurance benefits.

Twelfth production safety supervision and management departments, health administrative departments and labor security administrative departments shall strengthen supervision according to the division of responsibilities.

(a) the supervision and administration department of production safety shall supervise and inspect the employer's compliance with relevant laws and regulations and the implementation of various heatstroke prevention and cooling measures in the workplace, and punish illegal acts in accordance with relevant national laws and regulations.

(two) the administrative department of health in conjunction with the relevant departments to carry out publicity and education on heatstroke prevention and organize medical treatment of heatstroke.

(three) the administrative department of labor security supervision and inspection of the employer's compliance with labor security laws and regulations, high temperature operation and arrangements for workers to work during high temperature weather.

The trade union shall supervise the employer's labor protection measures for high temperature operation and high temperature weather according to law. When an illegal act is found, the trade union organization has the right to raise it with the employer, and the employer shall promptly correct it. If the employer refuses to make corrections, the trade union organization shall submit it to the relevant departments for handling according to law, and supervise the handling results.

Article 13 The relevant government departments shall, in accordance with the law, stop the employers from violating the relevant laws and regulations of the state and endangering the health of workers, and order the employers to seriously rectify; If the problem is serious, the employer and its responsible person shall be investigated for their corresponding responsibilities in accordance with relevant state laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fourteenth provincial people's government safety supervision departments, health administrative departments, labor and social security administrative departments and trade unions shall formulate detailed rules for implementation according to these measures.

Article 15 These Measures shall be interpreted by the General Administration of Work Safety in conjunction with the Ministry of Health, Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions.

Article 16 These Measures shall come into force as of the date of promulgation. The Interim Measures for Heatstroke Prevention and Cooling Measures jointly issued by the Ministry of Health, the Ministry of Labor and the All-China Federation of Trade Unions in July 1960 shall be abolished at the same time.