Since July, many cities in China have been through the HOT test by the summer heat. On July 21st 2017, Shanghai reached 40.9℃, the highest record of temperature in the past 145 years. Under such heat, what kind of rights should the employees have? We are going to answer this question by highlighting some regulations of the Administrative Measures for Occupational Heat Stress (effective since 2012).

 

  1. Measures under Different Temperatures

 

  • The employing unit shall arrange the operation time in accordance with the weather forecast published by authorities at or above the municipal level, except where the personal and property safety and public interests shall be urgently treated.
    (1) When the daily maximum temperature is ≥ 40℃, the employing unit shall suspend outdoor operation.
    (2) When the daily maximum temperature is ≥ 37 ℃ but < 40 ℃, the accumulative outdoor working hours shall not be more than six hours, and the consecutive working hours shall not exceed the limit prescribed by the State. During the highest temperature in a day, outdoor work is prohibited for three hours.
    (3) When the daily maximum temperature is ≥ 35 ℃ but < 37℃, the employing unit shall arrange for shifts, reduce the consecutive operation time, and shall not arrange overtime outdoor work.

 

  • It is prohibited for the employing unit to arrange pregnant female employees and juvenile employees to engage in the outdoor operation when the temperature is ≥ 35 ℃; or at the workplace where the temperature is ≥ 33℃.

 

  • It is prohibited for the employing unit to deduct or reduce wages for suspension of work or reducing working hours due to high temperature.

 

  1. High temperature subsidies

 

The high temperature subsidies shall be included in the total wage if employees engage in the outdoor work where the temperature is ≥ 35 ℃; or at the workplace where the temperature cannot be decreased to below 33℃.

 

Standards of High Temperature Subsidies:

 

Cities/Provinces Standard(RMB) Period
Shanghai 200/Month June to September
Beijing Outdoor 180/Month

Indoor 120/Month

June to August
Chongqing 33℃≤T<35℃, 5/Day

35℃≤T<37℃, 10/Day

T≥37℃, 15/Day

Depending on the temperature of the day
Jiangsu Province 200/Month June to September
Zhejiang Province Workers under high temperature, 225/Month;

Workers under non-high temperature,180/Month;

Normal workers 145/Month

June to September

 

  1. Health Examination

 

  • The employing unit shall organize the occupational health examination for those who will be exposed to the heat stress before or during the working period;
  • After the health examination, the employing unit shall adjust the job scope to those who suffer from the heart, lung, cerebral vascular, pulmonary tuberculosis, central nervous system diseases and other physical conditions that are unfit for high temperature operation.
  • The employing unit shall afford the health examination fees.

 

Should you have any further questions on the heat stress, please contact us by email: info@dandreapartners.com.