Recently, many parts of the country have been experiencing high temperatures, with some areas experiencing temperatures exceeding 40 degrees Celsius. How to arrange the working hours of outdoor workers in hot and humid environments? How to distribute high temperature allowance? How to report infringement of rights and interests? Can heatstroke at work be considered a work-related injury? In response to the common concerns of these workers, our company has conducted research on relevant policies in Chengdu, Sichuan, Xi'an, Shaanxi, Nanjing, Jiangsu, and other places. The "Management Measures for Heatstroke Prevention and Cooling Measures" jointly issued by the All China Federation of Trade Unions and four other departments has strict regulations on outdoor working hours in high temperature weather, requiring employers to stop outdoor operations when the highest temperature reaches 40 degrees Celsius or above; When the daily maximum temperature reaches above 37 degrees Celsius and below 40 degrees Celsius, the cumulative outdoor work time for workers shall not exceed 6 hours, and the continuous outdoor work time shall be shortened as much as possible. Workers shall not be arranged to work outdoors for 3 hours during the highest temperature period of the day; When the daily maximum temperature reaches above 35 degrees Celsius and below 37 degrees Celsius, measures such as changing ships and taking breaks shall be taken to shorten the continuous working hours of outdoor workers, and overtime shall not be arranged; Pregnant female employees shall not be arranged to engage in outdoor work in high temperature weather above 35 degrees Celsius or indoor work in places above 33 degrees Celsius. Lu Hongbo, Director of the Labor Security Supervision Bureau of the Nanjing Municipal Human Resources and Social Security Bureau, told reporters that this year, Nanjing has established a high-temperature information linkage mechanism with the meteorological department. Under certain circumstances, the system will automatically remind relevant industry supervisory departments and employing units to urge timely adjustment of work arrangements and avoid personnel working outdoors for long periods of time. 2. High temperature allowance is a mandatory allowance and cannot be offset with physical items. According to Article 17 of the "Management Measures for Heatstroke Prevention and Cooling Measures", workers engaged in high-temperature operations are entitled to job allowances in accordance with the law. If the employer arranges for workers to engage in outdoor work in high temperature weather above 35 degrees Celsius and cannot take effective measures to reduce the workplace temperature to below 33 degrees Celsius, the employer shall issue a high temperature allowance to the workers and include it in the total salary. That is to say, in addition to enjoying the high-temperature allowance for outdoor operations, if the employer cannot take effective measures to reduce the workplace temperature to below 33 degrees Celsius, non outdoor workers also enjoy the high-temperature allowance. At present, the standard for high temperature allowance in Chengdu is 13 to 23 yuan per person per day, and the specific amount is determined by the employer. It is worth noting that high temperature allowance and heatstroke prevention and cooling expenses are not the same thing. High temperature allowance is a mandatory allowance paid by employers for workers working in special working environments as stipulated by law. The heatstroke prevention and cooling fee is a component of the enterprise welfare fee, which is a corporate welfare for all workers. At the same time, employers are not allowed to offset high temperature allowances with heatstroke prevention and cooling drinks or other materials, and are not allowed to deduct or reduce workers' wages and benefits due to work stoppages or shortened working hours caused by high temperature weather. The distribution time of the heatstroke prevention and cooling fee in Xi'an City is from June 15th to September 15th every year. The distribution standard is 15 yuan per person per day for outdoor workers and 10 yuan per person per day for other personnel. The enterprise shall bear and include it in the cost expenses. The distribution of high temperature allowance is from June 1st to September 30th every year, with a standard of 25 yuan per person per day, and the distribution conditions are consistent with the "Management Measures for Heatstroke Prevention and Cooling Measures". The Department of Human Resources and Social Security of Shaanxi Province particularly emphasizes that the high-temperature allowance must be included in the total salary (not included in the minimum wage standard), and must be paid in full and on time in monetary form. According to the implementation standards of Nanjing City, employers should provide a monthly high-temperature allowance of 300 yuan to workers engaged in outdoor or high-temperature environment operations in hot weather from June to September each year. If the collective contract, rules and regulations of the employer clearly stipulate that the high-temperature allowance shall be calculated and paid based on the actual attendance of the worker in the current month and the working time in high-temperature weather, it shall be calculated according to the prescribed monthly standard in accordance with the law. If the employer arranges part-time workers to work in high temperature weather, the high temperature allowance shall be calculated based on the time spent working in high temperature weather. 3. If the rights and interests are damaged, multiple channels can be used to report it. Some positions are subject to strict supervision in Chengdu. If an employer violates the relevant regulations for protecting high-temperature workers, the workers can file a complaint with the industry regulatory department or seek help from the trade union; If the high-temperature allowance is not issued according to regulations, the worker may file a complaint with the supervisory department. Request to strengthen the mediation of labor dispute cases caused by high temperature weather operations, smooth the acceptance channels, implement fast establishment, fast review, and fast resolution, and timely and effectively safeguard the legitimate rights and interests of workers. For workers who suffer accidents or injuries due to working in hot weather or are diagnosed with occupational heatstroke by occupational disease diagnosis institutions, the human resources and social security departments of Chengdu will urge employers to legally determine work-related injuries and implement relevant insurance benefits in accordance with regulations. Xi'an city also has similar regulations. If an employee encounters a violation of relevant regulations by an employer, they can file a complaint or report to the local labor security supervision agency (excluding the city level), or call the province's unified labor security rights hotline 12333. The Department of Human Resources and Social Security of Shaanxi Province requires all levels of human resources and social security departments to focus on inspecting industries and enterprises with concentrated outdoor operations such as construction, transportation, environmental sanitation, and food delivery logistics, and to increase law enforcement inspections around working hours, rest time, allowance distribution, and special protection for female and underage workers. If workers encounter infringement, they should pay attention to keeping attendance records, proof of work environment, salary slips and other relevant evidence. In order to facilitate workers' rights protection, Nanjing has opened multiple channels such as the 12333 hotline and the QR code for high-temperature allowance complaints. Workers can report with their real names or anonymously. In high-temperature law enforcement inspections, supervisory personnel will actively visit frontline positions such as parks, construction sites, and sanitation stations to understand the distribution of allowances, work arrangements, and other situations. Once problems are found, they will be investigated and corrected immediately. Work related heatstroke in high temperature environments can be classified as an occupational disease after being diagnosed with an occupational disease. Occupational heatstroke is divided into three types: heat cramps, heat exhaustion, and heat stroke. Among them, heat stroke is the most severe and can lead to consciousness disorders, epileptic seizures, and even multiple organ failure. Chengdu city requires that if applying for a work-related injury, one must first apply to an occupational disease diagnosis institution for occupational disease diagnosis. There are occupational disease diagnosis institutions in Chengdu, including West China Fourth Hospital, Sichuan Provincial and Chengdu Municipal Centers for Disease Control and Prevention. Within 30 days from the date when an employee is diagnosed and identified as having an occupational disease in accordance with the law, the employer shall submit an application for work-related injury recognition to the human resources and social security department; If the employer fails to apply within the prescribed time, the employee or their close relatives or trade union organization may submit an application for work-related injury recognition to the human resources and social security department within one year. Subsequently, if the employer lawfully participates in work-related injury insurance for its employees, the corresponding human resources and social security department of the insured institution shall accept their work-related injury recognition; If an employer fails to provide work-related injury insurance for its employees in accordance with the law, the human resources and social security department of the employer's production and operation location shall accept the employee's application for work-related injury recognition. For workers who suffer from heatstroke while working in high-temperature environments, Xi'an city requires them to be diagnosed with "occupational heatstroke" at a provincial-level recognized occupational disease diagnosis institution. After obtaining a certificate of occupational disease diagnosis, the worker or their close relatives or employers can apply for work-related injury recognition to the social insurance administrative department in accordance with regulations. The key materials required for the application include: an application form for work-related injury recognition (which should specify the time, location, cause, etc. of the accident), materials proving the labor relationship (such as labor contracts, etc.), and a certificate of occupational disease diagnosis for occupational heat stroke. After being recognized as a work-related injury by the social insurance administrative department, the injured worker or their employer may apply for a labor capacity appraisal to the labor capacity appraisal committee at the district level after the worker's injury is relatively stable or the period of work stoppage and salary retention has expired. Finally, based on the appraisal conclusion, they will enjoy the corresponding labor injury insurance benefits in accordance with the law. Nanjing has also established a clear diagnosis and work-related injury recognition mechanism for heatstroke caused by high-temperature operations. If a worker suddenly suffers from heatstroke in a high-temperature environment and meets the conditions of "working hours, job position, and work-related reasons", they can apply for work-related injury recognition in accordance with the law. The identification procedure is the same as that for ordinary work-related injuries. The employer shall submit an application to the human resources and social security department within 30 days, or the individual and their immediate family members shall submit an application within one year after being informed. 5. Strengthen supervision and improve services to provide practical protection for workers. The Chengdu Municipal Human Resources and Social Security Bureau has issued a notice on protecting the rights and interests of workers engaged in high-temperature operations, requiring employers to strictly implement the regulations on outdoor working hours in high-temperature weather, and to equip necessary heatstroke prevention and cooling facilities and equipment in outdoor or high-temperature workplaces. They should also provide workers engaged in high-temperature weather operations with personal protective equipment, heatstroke prevention and cooling drinks, health products, and other materials that meet the requirements. The Department of Human Resources and Social Security of Shaanxi Province also reminds all employers to attach great importance to the protection of workers' rights and interests under high temperature weather, strictly implement their main responsibilities, improve the heatstroke prevention and cooling system, perfect emergency plans, ensure that all protective measures are implemented, and fully guarantee the life safety and physical health of workers. Nanjing city relies on "express delivery stations" and "migrant worker rest rooms" to set up "cool stations" on major streets and around construction sites, equipped with cooling equipment, Huoxiang Zhengqi water, mineral water, etc., for outdoor workers to use. Next, Nanjing also plans to promote publicity activities such as "high-temperature labor protection in communities" and "sending workers to construction sites", guiding employers to consciously fulfill their social responsibilities, arrange work hours reasonably, and effectively safeguard the rights and interests of workers. (New Society)