【HaiChuan Safety Discussion】Can companies avoid liability by giving workers money to buy their own safety helmets?

For safety helmets whose market price is less than 15 yuan, construction sites prefer to provide a subsidy of 20 yuan so that workers can purchase them on their own. The lawyer stated that by doing so, the company not only fails to shirk its responsibility for safe production but also pushes itself to the limits set by the law. At 22:00 on June 30, Chen Yihui, a worker at a construction site in Taijiang District, Fuzhou, wasn’t feeling sleepy at all. To his left lay a yellow safety helmet that he had bought for 11 yuan from a protective equipment store; it was purchased using the subsidy provided for safety helmets at construction sites. Chen Yihui held his phone in his right hand; Qiu Yuanyuan, a lawyer from Fujian Jinlei Law Firm, had just sent him a WeChat message: \"It’s best to return the safety helmet subsidy.\" ” Two months ago, taking advantage of his free time from work, Chen Yihui went to a construction site recommended by a fellow villager to do odd jobs. The day before arriving at the construction site, the contractor sent Chen Yihui a WeChat red envelope worth 20 yuan, asking him to buy a safety helmet before going to work the next day, and specifically said, \"This is a subsidy for buying a safety helmet.\" With the red envelope, Chen Yihui bought the safety helmet and \"made a net profit\" of 9 yuan. Working on construction sites all year round has made Chen Yihui always pay attention to \"safety above the head.\" “The money came from the construction site, but it’s me who has to pay the bill. In the event of an accident caused by the quality of the safety helmet, do we workers still have to bear the responsibility? ”Unable to bear the doubts in his mind, Chen Yihui asked someone to help him get in touch with Qiu Yuanyuan for advice. Through investigations at various construction sites in Fuzhou, the reporter found that Chen Yihui’s experience is not an isolated case; it has become common at some of these sites to provide subsidies for safety helmets and protective equipment, allowing workers to purchase their own safety helmets. Some owners of protective equipment stores also told reporters that recently, there has been an increase in individuals coming to buy safety helmets, whereas in the past it was mainly companies that made bulk purchases. Why do some construction sites prefer to give out more subsidies rather than providing safety helmets for the workers themselves? Zhang Haoyang is the manager of a decoration company in Fuzhou, and his company has also chosen to provide its employees with subsidies for protective equipment, with the amount of such subsidies reaching as much as 350 yuan per person. Zhang Haoyang told reporters that for businesses, the cost of purchasing safety helmets is not a significant financial burden; it is the safety responsibilities associated with those helmets that constitute the real burden. He said outright that ensuring the quality of protective equipment is a \"troublesome task.\" \"There are countless safety helmet products available on online platforms, and we’re not even sure which ones meet safety standards.\" ” Pan Wenxing, who has been working in construction companies on the procurement of personal protective equipment for a long time, told reporters that there are quite a number of employers that provide subsidies for safety helmets. The cost of purchasing personal protective equipment such as safety helmets is part of the budget for construction projects; it is included in the contractor’s costs, and generally the construction company is responsible for making these purchases. However, due to project subcontracting, some subcontractors, in an effort to save trouble, often let workers purchase safety helmets on their own. Recently, at Ruifeng Labor Protection Supplies Wholesale Store on Lianjiang South Road in Cangshan District, Fuzhou, the reporter met five construction workers who had purchased safety helmets on their own. Most of them received subsidies provided by the construction site, with amounts ranging from 10 to 30 yuan. The shop owner told the reporter that recently, workers often came to the store on their own to buy safety helmets. They often buy cheap safety helmets for around 10 yuan. When companies provide subsidies for safety helmets, they often tell workers, “Buy ones of better quality; you are responsible for any safety issues that arise.” ” “It’s true that you bought the safety helmet. However, workplace safety is an obligation that employers cannot shirk. The responsibility for safe production does not mean that the person who bought the helmet is the one who has to ‘pay the price’. ”Qiu Yuanyuan told Chen Yihui that according to the Interim Provisions on the Use and Management of Personal Protective Equipment for Construction Workers, such equipment must be provided in physical form, and cannot be replaced by money or other items. She believes that requiring workers to purchase safety helmets with their own money at the construction site not only fails to relieve them of their responsibility for safe production, but also pushes them beyond the legal boundaries. In response to Zhang Haoyang’s claims, the reporter interviewed owners of various safety equipment stores as well as manufacturers. Yong Liang, the head of a safety helmet manufacturing company, told reporters that there are a wide variety of safety helmets available on the market, and their materials mainly fall into three categories: PE, ABS, and fiberglass. Among them, safety helmets made of fiberglass are the most expensive, with production costs of at least 30 yuan per unit. However, on online shopping platforms, it is not difficult to find fiberglass safety helmets priced at less than 30 yuan. During the interviews, several helmet sellers also said they could provide quality inspection reports for the helmets, but upon comparing these reports, the reporter found that the materials and styles listed in many of them did not match the specifications of the products being sold. Qiu Yuanyuan advised Chen Yihui to \"return the money\" mainly due to concerns about the \"quality\" of safety helmets purchased by workers on their own. In her view, the subsidy for safety helmets reflects the safety responsibilities that companies are afraid or unwilling to take on; \"if companies can’t bear such safety responsibilities, how can ordinary workers afford to do so?\" ” (Some interviewees are using pseudonyms) Our reporter, Li Runzhao

Study*. Safety is of utmost importance; the pursuit of safety is an ongoing process.

It doesn’t work! When something goes wrong with employees of a company, it is inevitable that the company will be held responsible!

I wonder whether, in the event of an accident, doing this would exempt one from liability or reduce it

Actually, it’s not a problem who buys it; the issue is that access to the site is a mandatory requirement. Two topics: D

【Sea and River Safety Discussion】 series of summary posts – continuously being updated. Everyone is welcome to join the discussions! https://bbs.hcbbs.com/thread-3235104-1-1.html (Source: Haichuan Chemical Industry Forum – Huahai Chuanliu)

It is likely due to misleading incorrect information

Two questions, or rather one question: The safety helmets available on the market vary in quality. If they were all qualified products, then it wouldn’t be a big issue to buy any of them

For the EPC general contractor, when it pays this amount to the construction contractor and asks the latter to make the purchases itself, will the same problem arise?