A compulsory standard should be set to protect the rights and
interests of people working in high temperatures, says an article
in Beijing News. An excerpt follows:
Continual high temperatures in many cities have recently aroused
much public attention on how to ensure work safety under such
circumstances.
It is common to see laborers working in the open air when the
temperature reaches 38 or even 40 C. Such workplaces lack
sufficient or effective protection from the sun, and these workers
receive no compensation.
How to protect the rights of people working during this hot
weather is an important legislative issue. But the existing Labor
Law, Work Safety Law and other related administrative rules and
regulations barely touched on this issue. The only national code
that we can cite is the provisional regulation on heatstroke
prevention measures issued in 1960, the contents of which are
hardly practical today. And the only regional regulation is a
provisional one issued last year by Shenzhen Labor and Social
Security Bureau.
The lack of laws and regulations to protect people working in
high temperatures is harmful to these workers and society. There is
no scientific understanding or definition of whether high
temperatures can be regarded a natural disaster or a public
emergency.
Prompt action should be taken in this regard. Laws and
regulations should be drawn up to clarify the responsibilities of
government and enterprises and protect workers' rights and
interests.
The State Council could issue an urgent circular and then draw
up an administrative rule or amend the Work Safety Law to ensure
that compulsory regulations exist to protect people working in high
temperatures. Local regulations can set higher standards than
national ones. The definition of a "high temperature" should be
made. And temperatures higher than that of the human body should be
regarded as disasters.
Different work patterns and places should be differentiated.
Outdoor work in high temperatures should be restricted or
prohibited unless the employers can prove sufficient protective
measures are taken and compensation is paid. Compensation should be
paid according to the intensity of the work and how high the
temperature is.
The meteorological department should work with the departments
of labor, work safety and public health to form a rational joint
working mechanism to deal with emergencies. Employers' obligations
should also be clarified.
(China Daily June 26, 2006)