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Do you know the rights and obligations of employees regarding safe production?

2021-07-31View Original

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Laws and regulations such as the Work Safety Law grant employees the right to safe working conditions; while enjoying this right, employees are also obliged to fulfill their duties regarding work safety in accordance with the law. Employees’ rights to safe work 01 The right to require labor protection Employees have the right to demand that their employers ensure their safety at work and protect them from occupational hazards. When establishing an employment relationship with an employer, employees should demand the conclusion of an employment contract. Such a contract must specify that the employer shall provide employees with working conditions that comply with **laws, regulations, and standards regarding occupational safety and health, as well as the necessary protective equipment; it must also outline the occupational hazards present in the workplace and the effective measures to address them, as well as the requirement for regular health checks for employees who are engaged in work involving toxic substances; furthermore, the contract should stipulate that the employer shall arrange for workers’ injury insurance in accordance with the law. 02 Right to Information: Employees have the right to know about the hazardous factors and potential consequences associated with their workplace and job positions, as well as the preventive measures and emergency response actions that should be taken to address these hazards. Employers must provide employees with accurate information and must not conceal anything or deceive them. If it is used and the employer fails to inform the employee truthfully, the employee has the right to refuse to work, and the employer shall not impose any penalties on the employee as a result. 03 **Rights to management and supervision** Workers have the right to participate in the **management and supervision** of safety production within their workplace, as well as to submit opinions and suggestions regarding safety production there. Employers should pay attention to and respect these opinions and suggestions, and provide timely responses. Labor protection 04 Right to participate in safety production training Workers have the right to attend safety production training programs. Employers shall, in accordance with the law, provide employees with education and training on laws, regulations, procedures, and relevant standards related to work safety, so that employees can acquire the knowledge and skills necessary for safe performance of their job duties. If the employer fails to provide employees with education and training on safe production in accordance with the law, the employees may refuse to carry out their work. 05 Right to occupational health prevention and control: Employees who are exposed to occupational hazards that may lead to occupational diseases have the right to undergo occupational health examinations and to be informed of the results of those examinations. Employees diagnosed with occupational diseases have the right, in accordance with the law, to receive benefits related to such diseases, as well as to undergo treatment, rehabilitation, and regular check-ups. 06 Right to Legitimate Refusal: Illegal command refers to the act of relevant management personnel in an employer violating laws, regulations on work safety, as well as relevant safety procedures and rules, by directing employees to carry out tasks. Forcing employees to work in hazardous conditions means that such management personnel, knowing full well that starting or continuing such work may pose serious risks, still force the employees to carry out those tasks. Giving illegal instructions and forcing workers to carry out dangerous tasks violates the principle of \"safety first\" and infringes on the legitimate rights and interests of employees, who have the right to refuse such demands. Employers shall not retaliate against employees for refusing to follow illegal instructions or being forced to carry out dangerous tasks, by reducing their wages, benefits, or terminating the labor contracts with them. 07 Right to Emergency Avoidance: When employees encounter an emergency that poses a direct threat to their physical safety, they have the right to stop working, or to leave the work site after taking any possible emergency measures. Employers shall not reduce an employee’s salary, benefits, or terminate the labor contract with them merely because the employee stops working or takes emergency evacuation measures in an emergency situation. However, employees must exercise this right carefully and make the most accurate assessment possible of the extent to which the danger threatens personal safety. 08 Workers’ compensation insurance and civil claims rights: Employers shall, in accordance with the law, arrange for workers’ compensation insurance and pay the related premiums on their behalf. Workers who suffer injuries due to work safety accidents are entitled, in addition to receiving workers’ compensation as required by law, to seek civil compensation from their employers. Work-related injury insurance and civil compensation cannot replace each other. 09 Right to file labor disputes When an employee’s rights related to labor protection are violated, or a dispute arises with the employer regarding such issues, the employee has the right to submit the case to the relevant authorities for resolution. 10 Right to criticism, reporting, and prosecution: Employees have the right to raise criticisms regarding the issues existing in their workplace’s work safety practices, and they have the right to report and file complaints with the relevant authorities and judicial bodies regarding any violations of work safety laws and regulations. A report can be signed or unsigned; it can be submitted in writing or orally. However, when exercising this right, employees should ensure that their reports and complaints are truthful and based on facts. Employers shall not punish or retaliate against employees for exercising the aforementioned rights, including by reducing their salaries, benefits, or terminating the labor contracts with them. Employees’ obligations regarding work safety 01: The obligation to abide by work safety regulations and procedures. Employees must not only strictly comply with laws and regulations related to work safety but also adhere to the work safety regulations and procedures set by their employers; this is a legal obligation for employees in terms of work safety. Employees must strengthen their awareness of laws and regulations, consciously abide by rules and disciplines, and, in the interest of **the organization, the collective, as well as themselves, put into practice compliance with rules and proper procedures in their daily work. 02 Obligation to comply with management: Safety management personnel in employers generally possess extensive knowledge and experience in safety production. By complying with management instructions, employees can help maintain good order in production and operational activities, thereby effectively preventing or reducing the occurrence of safety accidents. Therefore, employees are required to comply with management rules, and this constitutes a legal obligation for them in terms of safety production. Of course, employees have the right to refuse orders that violate regulations or that force them to carry out dangerous tasks. 03 The obligation to wear and use safety protective equipment properly. Personal protective equipment is a type of protective gear designed to safeguard workers’ safety and health during work. Different types of such equipment have specific rules and methods for wearing and using them; only by wearing and using them correctly can they truly serve their protective purpose. After the employer provides employees with personal protective equipment that meets ** or industry standards, it is the employees’ obligation to wear and use such equipment correctly. 04 Obligation to promptly report potential safety hazards: Upon discovering any potential safety hazards or unsafe conditions, employees must promptly report them to on-site work safety managers or the person in charge of their unit. The persons receiving such reports must take timely action to address them. Generally speaking, the earlier employees report an issue, the sooner those responsible can address it, and the less harm that potential accident hazards and other occupational risk factors can cause. 05 Obligation to receive safety production training Employees shall, in accordance with the law, receive education and training on safety production, acquire the knowledge necessary for performing their job safely, improve their safety production skills, and enhance their ability to prevent accidents and handle emergencies. Workers engaged in special types of work, as well as those whose employment is required by relevant laws and regulations to be accompanied by a license, must pass training and assessment before they can obtain the corresponding qualification certificates or approval documents in accordance with the law, and only then may they start working.
Reply #22021-07-31
But sometimes it’s hard to distinguish between rights and obligations
Reply #32021-08-01
Training people who don’t want to learn* is a big challenge

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